•'^.s^jjygv 'y^mm;; FRAMERS OF THE CONSTITUTION GEORGE WASHINGTON President of the Constitutional Convention and delegate from the State of Virginia. From the painting by Stuart, rescued by " Dolly " Madison. (See page 405.) FRAMERS OF THE CONSTITUTION 1. NICHOLAS GILMAN, New Hampshire 7. OLIVER ELLSWORTH, Connecticut 2. JOHN LANGDON, New Hampsiiire 8. WM. SAMUEL JOHNSON, Connecticut 3. ELBRIDGE GERRY, Massachusetts 9. ROGER SHERMAN, Connecticut 4. NATHANIEL GORHAM, Massachusetts 10. ALEXANDER HAMILTON, New York 5. RUFUS KING, Massachusetts 11. JOHN LANSING, New York 6. CALEB STRONG, Massachusetts 12. JONATHAN DAYTON, New Jersey FRAMERS OF THE CONSTITUTION 1. WILLIAM LIVINGSTON, New Jersey 2. WILLIAM PATERSON, New Jersey 3. GEORGE CLYMER, Pennsylvania 4. BENJAMIN FRANKLIN, Pennsylvania 5. JARED INGERSOLL, Pennsylvania 6. THOMAS MIFFLIN, Pennsylvania 7. GOUVERNEUR MORRIS, Pennsylvania 8. ROBERT MORRIS, Pennsylvania 9. JAMES WILSON, Pennsylvania 10. RICHARD BASSETT, Delaware 11. GUNNING BEDFORD, JR., Delaware 12. JOHN DICKINSON, Delaware FRAMERS OF THE CONSTITUTION 1. GEORGE READ, Delaware 2. DANIEL CARROLL, Maryland 3. DANIEL of ST. THOMAS JENIFER, Maryland 4. LUTHER MARTIN, Maryland 5. JAMES McHENRY, Maryland 6. JOHN FRANCIS MERCER, Maryland 7. JOHN BLAIR, Virsinia 8. JAMES MADISON, Virginia 9. GEORGE MASON. Virginia 10. JAMES McCLURG, Virginia 11. EDMUND RANDOLPH, Virginia 12. GEORGE WYTHE. Virginia FRAMERS OF THE CONSTITUTION ]. WILLIAM BLOUNT, N.C. 2 WILLLAM RICHARDSON DAVIE, N.C, 3. ALEXANDER MARTIN, N. C. 4. RICHARD DOBBS SPAIGHT, N. C. 5. HUC.H WILLIAMSON, N. C. 6. PIERCE BUl'LER.S. C. 7. CHARLES PINCKNEY, S. C. s. CHAS. COTESWORTH PINCRNEV.S. C 9. JOHN RUTLEDCiE, S. C. 10 ABRAHAM BALDWIN, Georgia n. WILLIAM FEW, Georgia 12. WILLIAM PIERCE, Georgia THE CONSTITUTION AND ITS FRAMERS THE CONSTITUTION AND ITS KRAMERS BY NANNIE McCORMICK COLEMAN CHICAGO THE PROGRESS COMPANY 1910 -'!! 1 «/^ FIRST EDITION. COPYRIGHT 1904, By SCOTT, FORESMAN & CO. SECOND EDITION. COPYRIGHT 1910, By THE PROGRESS COMPANY P. P. PETTIBONB & CO. PBINTBR AND BINDEBS CHICAGO, ILL. C:n!,A^5 94i5 INDEX TO ILLUSTRATIONS Framers of the Constitution Frontispiece Signing of the Contract on the Mayflower Page 3 Signing the Declaration of Independence - - " 51 Signers of the Declaration of Independence " 131 Washington Resigning His Commission - - - " sjq Carpenters' Hall " s^S Surrender of Lord Cornwallis " 451 Chief Justices of the Supreme Court of the United States " 531 Presidents of the United States " 579 DEDICATED TO AMEKICA'S POTENT AGENCY FOE THE PEOMOTION OF AN INFORMED PATRIOTISM THE DAUGHTERS OP THE AMERICAN REVOLUTION "In proportion as the structure of a gov- ernment gives force to public opinion, it is essential that public opinion should be en- lightened. ' ' Washington's Farewell Address. "If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be. "Educate and inform the whole mass of the people." ThoAias Jefferson. PREFACE (Second Edition.) Says the great Historian, John Fiske, — ' ' One of the lessons which history inculcates with strongest and most reiterated emphasis is this, that by no conceivable ingenuity of legisla- .tion or vehemence of proclamation can you ever make a sound society out of unsound individuals." To make a sound society out of the people of this Nation no agency equals that of an intimate acquaintance with the causes that led to its founding, the objects for which it was founded, the lives of the men who founded it, and the Consti- tution under which it came into an existence promising a glorious permanence. Such acquaintance is certain to develop and perpetuate an informed, intelligent patriotism that will be the bulwark of the Nation's safety, the rights of its States, and the liberties of its people. The principal purpose of this book, the product of home evenings, is to collate in a single volume, suitable for ready ref- erence and frequent study, the epoch-making state papers of this country, their history and development, and especially the chief events in the careers of the men who framed them, (with all of which every American should be familiar), that such acquaintance may be easily made and maintained. The brief glance given our history may serve as a partial compendium showing the evolutions of our nationality, and of the fundamental law under which we live. Its brevity may induce its reading and prompt to further historical study, thereby spreading the knowledge of how we became the nation that we are, and disseminating more widely an understanding vi PEEFACE of the rights of the people under the Constitution of the United States. Every American thus informed, whether native or nat- uralized, must be impressed with his obligation to bless the God in whose devotion and under whose guidance this nation was founded and has been directed. He cannot fail to be devoutly thankful that this is, and promises to be, the lasting government of a free people. Nor can he escape the realiza- tion that the supreme duty of self-interest, as well as of patriot- ism, is to obey and support this constitution. If this effort aids^, however incompletely, toward these ends, it will be richly rewarded. To many of the Secretaries and members of the Historical Societies of the original thirteen states, and to my husband, whose constant encouragement and assistance have made this book possible, I record my grateful appreciation. Nannie McCormick Coleman. Chicago, Illinois, November, 1909. CONTENTS CHAPTER I Constitutional Law page Its fundamental nature — Its supremacy over all other law 1 CHAPTER II Colonial Governments The providential plan of a century and a half of legislative experience preparing for the establishment of constitutional government — The charters as constitutions — Despotism of the English governors — Compact of the Pilgrims — The beginning and progress of legis- lation in the several colonies 3 CHAPTER III Colonial Wars Inuring the colonists to the hardships of battle; educating them in military discipline and preparing their leaders; making them acquainted; teaching the power of unity; preparing them for the Revolution's struggle, and a united government — Alienation of Canada in consequence of long hostility and England's action when peace was restored and Canada acquired 13 CHAPTER IV Summary of Government Royal, proprietary and charter governments — Legislatures modeled after the English method — But little actual power in, but great educa- tional value of, these legislatures — The isolation of the colonies — The local attachments and oppressions of the central authority that made the sentiment of state supremacy hereditary, a central govern- ment dreaded, and the establishment of a national authority under a national constitution so difficult of accomplishment 17 vii viii CONTENTS CHAPTEE V Eeligion and Education page The early prevalence of a profound religious sentiment — The Bible of universal reading and reverence — The foundation of schools and colleges in the several colonies — Eemarkable extent of culture and fostering of schools in primitive communities 21 CHAPTEE VI Efforts for Union First, solely for common defense — The approach of settlements creating the need for a central, supreme authority to adjust disputes — The common oppressions of England a common cause for united action — The various conventions leading up to the final consti- tutional union 27 CHAPTEE VII Causes of the Eevolution Not merely taxation without representation, but interference with local legislation, and the annihilation of Colonial trade, commerce, and manufacturing development 33 CHAPTEE VIII Eeview The Christian culture of every race in search of liberty of conscience contributing to found and form our government — Their antecedents and experience as educators of the idea of state supremacy — Com- parison of conditions then and now 36 CHAPTEE IX The Continental Congress — The Declaration of Independence It convened as a peace congress — Independence not desired or in- tended — Driven to revolution — Narrowness of vote for independ- ence — The presidents of the Congress 40 CHAPTEE X / Brief Biographical Sketches of the Signers of the Declaration of Independence ^^ CONTENTS ix CHAPTER XI The Confederation page The headless government, destitute of executive, judicial, and taxing powers; the rope of sand whose inefficiency taught the absolute need of an authoritative, permanent, and supreme power — A na- tional government — A natural and necessary part of constitutional evolution 208 CHAPTER XII The Revolution Not the province of this book to treat of, though a hallowed memory with the American people 214 CHAPTER XIII J George Washington The statesman whose purity and goodness have made us overlook his matchless ability in constructive statesmanship 216 CHAPTER XrV The Battle for the Constitution ^ Condition of the country after accomplishing independence — The tend- ency of the ages — Comments of Washington — The prejudices to overcome — The needs of commerce opening the way for educating public opinion to the actual need of a national government — The two calls for the convention — The opposition of congress — Part of Washington and Franklin — The contest in the different states — The victory 222 CHAPTER XV > The Feamers of the Constitution Brief biographical sketch of every member who participated in the couA'ention — Their high grade of scholarship — Their distinguished positions 249 CHAPTER XVI The Constitution of the United States Discussion of the constitution and amendments thereto, section by section 476 X CONTENTS CHAPTEE XVII The President's Cabinet page Its growth in importance — The duties and field of labor of the different departments 550 CHAPTEE XVIII Conclusion The gradations of our government — Its complex and composite char- acter — Need of return to state supremacy in state affairs — The final unification of our whole people under unquestioned national supremacy 556 APPENDIX Declaration of Independence — Articles of Confederation and Perpetual Union between the States — Washington's Letter to the Governors of the Thirteen States on Eesigning as Commander-in-Chief: the Argument for and Basis of the Constitution — Constitution of the United States — Washington's Farewell Address to the People of the United States .- 566 Presidents, Vice-Presidents, Secretaries of State, Chief Justices 615 Dates and place of birth ; fathers, mothers and wives of the Presidents. . 616 Ancestry, religion, College, vocation, ages at time of inauguration, dates and places of death and burial of the Presidents 617 Origin of the names of the states and territories; Capitals; Mottos; Nicknames; Flowers; Area; Population in 1900; settled and by whom 618-623 Growth in area and population, and acquisition of territory by the United States 624 Dates of ratification of the Constitution by the original thirteen states and votes thereon; admission of subsequent states into the Union. . 625 Members of the Presidents' Cabinets from 1789 to 1909 626-628 Presidents pro tem. of the Senate from 1789 to 1909 628-629 Speakers of the House of Eepresentatives from 1789 to 1909 629-630 National Anthems: My Country, 'Tis of Thee; The Star Spangled Banner 631-632 Index 633 THE CONSTITUTION AND ITS FEAMERS CHAPTER I CONSTITUTIONAL LAW [F all human laws, constitutional law is the highest. It is above congress, the courts, the president, even the people themselves. The constitution is the fundamental law which fixes and determines the form of government that exists under it; defines and limits the powers of that government, and directs its executive, legislative, and judicial maintenance and action. The government and all its branches, deriving power and authority solely from the constitution, can only do what that constitution gives authority to do. Even if all the people desired it, the government could not do what is contrary to the constitution. The will of the people is supreme only when expressed as the constitution prescribes. The people can change that constitution in whole or part, but only in the way that the constitution itself provides. Any law enacted by the national congress, or by a state legislature, contrary to the national or the state constitution, is absolutely void — has no effect or authority. This does not mean that the citizen can refuse to obey it — that the citizen can, for himself, decide the constitutionality of a law. But it does mean that he can appeal to the proper tribunal — to the courts — to decide if the law be constitutional, and it is the province of the courts to pass upon that question, and to decide whether or not the law is constitutional and to be obeyed. In the proper way, the constitutional way, one 1 2 THE CONSTITUTION AND ITS FEAMEES must seek to have unconstitutional laws held null and void, and be discharged from the obligation to obey them. It is neither for the individual nor for a body of individuals, whether the latter be an elected legislature or a voluntary as- sembly, to decide these questions. Wise politicians know that any breach of the fundamental laws, even though dictated by necessity, impairs that sacred reverence which ought to be maintained in the breast of rulers towards the constitution of a country, and forms a precedent for other breaches, where the plea of necessity does not exist at all, or is less urgent and palpable.^ Necessity, especially in politics, often occasions false hopes, false reasonings, and a system of measures correspondingly erroneous.^ To attack the constitution of a state, and to violate its rules, is a capital crime against the nation, and if those guilty of it are entrusted with authority, they add to their crime a perfid- ious abuse of their trust. The nation ought to constantly repress all violations of the constitution with the utmost vigor and vigilance.^ This supr,emje4a-w-x)£Jiiunan enactment is of too serious and solemn a nature to permit of frequent change. It should be held in reverence, and any proposed change should be long and thoroughly discussed before being made. Although delay may thwart temporary convenience, still it may afterwards turn out to be the best protection from hasty action that would have borne only a harvest of regrets. Once the constitution becomes the subject of frequent change, public reverence for it ceases, uncertainty of the interpretation that may be given the new provisions confuses, and instability of government is wrought. ^The Federalist, No. 25. ''The Federalist, No. 35. ^Vattel Law of Nations, Volume I, Sections 29-30. CHAPTER .II COLONIAL GOVERNMENTS fHE history of the American people, as they were led up to the formation of the Union and the adoption of the constitution of the United States, evidences a providential preparation for the exalted and ar- duous duties of the founders and citizens of a free republic. For more than a century and a half, representative legis- latures in some of the colonies, and the people themselves in others, had been educating the colonists in the exercise of leg- islation, and fitting the people of all the future states for the functions of citizenship, and the administration of governments of the people, by the people, and for the people. Not as novices, but as men drilled in the use of the elective franchise, skilled in the enactment of laws to govern themselves and familiar with judicial proceedings interpreting and applying those laws, did our fathers launch our Ship of State. Nor was long experience in frontier warfare lacking to familiarize them with the fields whereon the struggle was to be waged, and to fit them for the dread vicissitudes of the many battles in which they staked their lives — their all — for the rights of freemen. The English colonization of this country began under char- ters from the Crown. These charters were the written grants, or authority, to English citizens to colonize and develop Eng- lish territory. They were solemn documentary enumerations of the rights of those to whom they were granted, and occupied the same place with the colonists that the present constitution does with the citizens. The colonists, in addition to possessing the rights specifically stated in these charters, being English subjects on English soil, claimed and were clearly entitled to all the rights of residents and citizens of the home domain. 3 4 THE CONSTITUTION AND ITS FEAMEES The violation by the king and parliament of these rights, established by law, by precedent and by express grant in the charters, became the foundation of the complaints of the col- onists for redress, and thus the fundamental cause of the revolution that cost Great Britain this country and resulted in the establishment of our republican government. The first colony, Virginia, was established under a charter to the London Company. Its territory was supposed to cover from the Potomac to the mouth of the Cape Fear river, or just south of Columbia, South Carolina, and west to a supposed and unknown ocean. It was governed by a council residing in England, appointed by the king and responsible to him, though its charter, in express terms, accorded to the colonists all the rights and privileges of English citizens. The governors sent out by this council were responsible to it, and exercised the most despotic power. In 1619 Sir George Yeardley was sent out as governor, with instructions to summon a general assembly, or legislature, to be elected by the freemen of Virginia. The colony then con- sisted of eleven plantations, or settlements, each of which sent two representatives, called burgesses, and their body was ^ called the House of Burgesses. On Friday, July 30, 1619, in the church at Jamestown, this first legislature of America con- vened, and, though often interrupted, it was never abolished nor prohibited. The council also promulgated a written con- stitution modeled after the unwritten constitution of England, which served its purpose in the formation and drafting of the subsequent constitutions of the states. The colony was mainly controlled by the Cavaliers who set- tled there and owned the lands. They believed that the coun- try should be governed by the people of property and position, and to that extent followed the aristocratic theory of the mother country. The Governor, owing no responsibility to them, and appointed, empowered, and paid by the foreign council, taught them to dread the tyranny of a supreme eon- COLONIAL GOVEENMENTS 5 trol beyond their own selection, which was under no obligation to look to them for either support or continuance. One of these governors, Lord Delaware, was empowered to rule by military law, and was given the authority to hang without trial or the intervention of a jury whomsoever he should condemn. Governor Dale silenced his critics by boring holes in their tongues. Governor Berkeley uttered his own epitaph of infamy in: "I thank God there are no free schools nor printing presses here, and I hope we shall not have them these hundred years. God keep us from both." He gave as the ground of his sentiment that education made the common people discontented and rebellious. "When what is known as the "Bacon Eebellion" was overthrown, and one of its leaders, a Mr. Drummond, was captured, Governor Berkeley said to him: *'Mr. Drummond, you are very welcome. I am more glad to see you than any man in Virginia. Mr. Drummond, you shall be hanged in half an hour." And hanged he was. This worthy for sixteen years refused to call or permit the election of an assembly, but, with one subservient to his will, tyrannized over the colony. Of him Charles II. was provoked into saying: ''That old fool has hung more men in that naked country than I did for the murder of my father." This dis- solute king gave the entire province to two of his courtiers, and for thirty-one years the colonists struggled to regain their chartered rights before they succeeded. New York was settled by the Dutch, The charters granted by the Dutch West India Company to the proprietors, who were called patroons, gave them absolute authority over every settler within the patroon's domain. Peter Stuyvesant, the last of the Dutch governors, in reply to the demand of the people to the elect representatives to make laws for their government, said: "If citizens elected their own officers, the thief would vote for a thief, the smuggler for a smuggler." In 1653 the first convention, or legislature, w^as organized in New York. In 1683, the first under English rule was estab- lished. This was to meet once in every three years. Every 6 THE CONSTITUTION AND ITS FEAMEES freeholder was an elector, and freedom of conscience a^d re- ligion was guaranteed. The "Pilgrim Fathers" were Puritans who had left Eng- land for Holland, and got permission from the London Com- pany to locate in their domain. They landed at Plymouth, December 21, 1620, and became known as the Plymouth Colony. They could get no charter, and in lieu thereof, during the voy- age of the Mayflower, prepared a system of government by a Avritten agreement, which was signed by John Carver, William Bradford, Edward Winslow, William Brewster, Miles Standish, John Alclen, and thirty-five others, as follows : **In the name of God, Amen, we whose names are under- written, the loyal subjects of our dread sovereign lord. King James, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, etc., having undertaken, for the glory of God and the advancement of the Christian faith, and the honour of our king and country, a voyage to plant the first colony in the northern parts of Virginia, do, by these presents, solemnly and mutually, in the presence of God and one another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid; and by virtue hereof, do enact, constitute and frame such just and equal laws, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony; under which we promise all due submis- sion and obedience." Under this compact, the first individual agreement of gov- ernment known, they elected a governor and one assistant. As population grew the assistants were increased to seven, until, in 1638, the representative system was adopted. Every freeman who was of their church was a voter. The Puritans, at that time, constituted a strong political party in England, and numbered among them people of wealth, influence, and education. From this class of Puritans the colony of Massachusetts Bay was sent out in 1630, under a COLONIAL GOVERNMENTS 7 charter from the king, which allowed the colonists to elect from their number a governor, deputy governor and eighteen assistants. These had full legislative authority, except that no laws could be passed contrary to the laws of England. The Massachusetts Bay colonists inaugurated the most thor- oughly democratic government known among the colonies. All laws were passed upon by direct vote of the people, but to be a voter one had to be a church member, and of the Puritans' religious profession. They were a high spirited people, much more independent, financially, than most of the settlers, and were a thorn in the flesh of the king from the start. Their settlement was begun at Salem, and has never lost its char- acter for assertive independence. New Hampshire came into possession of John Mason, as pro- prietor, under grant from the council for New England in 1629 ; was, by action of its people, returned to the government of Massachusetts in 1641 ; against their will, at the instance of the heirs of Mason, became a royal province in 1680; was again returned to Massachusetts ; was again separated as a royal province in 1741, and so remained until the Revolution. Its legislative experience was the same as that of the other colonies similarly situated, and its early history almost the same, if not part of that of Massachusetts. Its first legislatures were organized at Portsmouth in 1639, and at Dover in 1640. The charter of Connecticut, granted by Charles II. in 1662, contained very liberal provisions, vesting all the powers of gov- ernment — legislative, executive, and judicial — in the freemen of the province incorporated under it. This liberal charter formed the foundation of the government until the constitution of Connecticut was adopted in 1818. To the three towns, Hart- ford, Wethersfield, and AVindsor, in Connecticut, belong the honor of drafting, in 1639, the first written constitution known in American history. It made every citizen, regardless of re- ligious views, a voter. The charter of Rhode Island, granted by Charles II. in 1663, bound its people only to aU'egiance to the king. Under the 8 THE CONSTITUTION AND ITS FEAMEES leadership of Roger Williams, absolute freedom of conscience was guaranteed. Believer or unbeliever, every citizen was the same before the law, and no property conditions burdened the elective franchise. The representative system began there in 1651, before this charter was granted. The charter, it should be said, was so liberal that it was kept as their constitution until 1842, when a constitution was adopted. The New England colonies consisted of small towns or vil- lages. Their legislatures, comprised of representatives from all of these towns, were usually called the general court. As they grew in importance, the English kings began to quarrel with them about their legislation, especially their religious restrictions. They found the counterpart of Virginia's Berkeley in Sir Edmund Andros, first made governor of the Massachusetts Bay colony, and then a sort of vice-royal ruler over all of New Eng- land, New York, and New Jersey. Twice the charter of Massa- chusetts was annulled by the king. Andros was ordered by the king to take and return the charters of Connecticut and Rhode Island, but failed in his efforts. The rescue of the charter of Connecticut was romantic and dramatic. When, on the order of Andros, it was produced by its custodians at night, the lights in the room where all were assembled were put out, and when relighted the precious charter was gone. Captain William Wadsworth had taken and hidden it in the hollow of an oak tree, which became famous as ''The Charter Oak." Most of the royal governors were odious to the people. They appointed censors of all publications to prevent dissemination of the news of their outrages and to check advocacy of the rights of the people. Hence the provision in our constitution guaranteeing the freedom of speech and of the press. When James II. was dethroned, the New England colonies snapped their bonds asunder, rose in rebellion, and deposed and imprisoned Andros. But under the succeeding monarchs, royal governors were appointed, who were blind to past ex- periences and failed to profit by them. As a rule, they were men COLONIAL GOVERNMENTS 9 whose only faith was in the oppression of power; to whom no voice of politic reason or plain justice could appeal, and be- tween whom and the local legislatures was continual strife. The exactions of these arbitrary governors in all the col- onies, north and south, were the same, and made a common cause of grievance, a common bond of sympathy, a community of interest and feeling which ripened to the ultimate, the destined, end. They made the history of the development and the suppression of legislation. They caused the experiences that led up to the final formation of the constitution, wherein such oppressions are safeguarded against; wherein are bor- rowed and imbedded provisions to protect the rights and lib- erties of the people and to limit and fix the powers and respon- sibilities of their rulers. In such harsh but everlastingly in- structive schools, was the legislative and constitutional educa- tion of our "Fathers" accomplished. New Jersey was first settled by Dutch emigrants from New York. In 1664, with the whole of the New Netherlands, it came into the possession of the Duke of York, and afterwards into the possession of George Carteret, by whom it was named New Jersey, after the Island of Jersey, of which he was governor. Its continued settlement was largely by the Quakers. After many changes, it became a royal province in 1728, and so re- mained until the Revolution, having had a representative leg- islature established in 1668. Delaware was first settled by the Swedes in 1638, and was called New Sweden. In 1681, it came into the possession of William Penn, who treated English and Swedes with equal liberality. After its previous experience in legislation as part of Pennsylvania, its separate legislature was established in 1703. The title to the provinces of Maryland, Pennsylvania, and North and South Carolina, until 1721, was vested in a pro- prietor, who by virtue thereof was the governor, and appointed the council and the judicial and other officers, but allowed the 10 THE CONSTITUTION AND ITS FEAMEES people, under limitations fixed by the proprietors, to elect the members of the assembly. In Maryland, such an assembly was made annual in 1635, and the two houses thereof are mentioned in their legislative journal in 1647. "William Penn, of justly revered memory, was the proprietor of Pennsylvania, recognized the people as his equal, and joined with them in the enactment of a constitution called ' ' The Great Law," which yet lives in legitimate descent in many of the pro- visions of our national and state constitutions. His immortal utterance: '* Liberty without obedience is confusion, and obe- dience without liberty is slavery," was the common-sense cor- nerstone of his system of liberty under self-chosen laws. To the eternal shame of the English authorities, and some of the ungrateful beneficiaries of his bounty, this wise, this benevo- lent, this tender-hearted man, the founder of the "City of Brotherly Love," the very name of which typifies the character of the man, for years fought against imprisonment on false charges, and had his life embittered by persecutions. The Carolinas were settled by the French as well as by the English and Scotch-Irish. Their governmental experience illus- trates an instructive fallacy of culture and learning. The cele- brated philosopher, John Locke, and the cultured Lord Shaftes- bury drafted for the Carolinas a constitution, which they termed "The Grand Model," and prophesied would "live the sacred and unalterable form and rule of government forever." But it left out of consideration two essentials of lasting gov- ernment : first, the brick and mortar that have ever been the bulwark of permanent power — the common people ; second, the historic lesson that local legislation cannot be successfully made by aliens. So, while never observed, in less than twenty years from its promulgation, it fell into what a modern states- man would call "innocuous desuetude," and then passed into utter abandonment. The representative legislative system was inaugurated in North Carolina in 1667, in South Carolina in 1674. COLONIAL GOVERNMENTS H Georgia was at first part of the great Carolina grant to Lord Clarendon, but in 1732 was granted to James Oglethorpe, one of the ablest, most benevolent and remarkable men known in our colonial history. It was settled by German Protestants as well as by the English. For the first twenty-one years the colonists had no power to enact laws for their government. Slavery was prohibited, and no Roman Catholic was allowed to own or settle on land in that colony. In 1752 it became a royal province, and so remained, with the same legislative system as royal provinces, until the Revolution. As has been seen, the governor was appointed in all the colonies, except the proprietary colonies of Pennsylvania and Maryland ; Connecticut under its special charter, Rhode Island and at first in Massachusetts. He could dissolve and call the as- semblies, or legislatures, at pleasure, and had the power to veto any law. With the council, he appointed judges, established courts and raised and directed all military forces and opera- tions. Directly or indirectly, through the governors, the Eng- lish government was careful to retain all real power. All colonies had a legislature composed of an upper and lower house, except New Plampshire, Pennsylvania, and Georgia, which had one house only. In all of the colonies, except New Hampshire, where he had to pay a poll tax, merely, to be entitled to vote, the colonist had to own property, the amount varying in the different colonies. The governor had to be worth from $10,000 in New Jersey and South Carolina, to $134 in Rhode Island, and mem- bers of the legislature, also, were subjected to increased and different property qualifications, loss of property in some of the colonies working dismissal from office. The scarcity of wealth in that day and public sentiment, if not legal provision, made the governments the governments of the rich and the religious. In 1776, New Jersey gave women who owned a cer- tain amount of property the right to vote. Peculiar laws, customs, and sentiments marked each colony. Catholics and Quakers were driven out of the Puritan colonies. 12 THE CONSTITUTION AND ITS FEAMEES The Puritans were driven out of Delaware and Virginia. Catholics were not allowed in Georgia. The different colonies, widely separated by Indian infested forests, knew but little of the workings of each other, and cared less. In their isolated situations, they showed how, in com- munities, "use doth breed a habit in a man." They showed how attached people become to their own educated usages, how prone to sectional prejudices. Fleeing thither to enjoy the un- interrupted exercise of their own peculiar opinions, a wider gulf long separated them, though under one common, dominant central government, than if they were of different races. This feeling was added to by the fact that so many communities were of different races, with different hereditary ideas and cus- toms. Hence the diversity in their laws. CHAPTER III COLONIAL WAES jHE next step in the preparation of the colonies for the achievement of independence and the estab- lishment and maintenance of self-government was the French and Indian wars, extending from 1689 to 1763, a period of seventy-four years. These wars became an added cause of estrangement of the colonies from England, and the chief cause of Canada not joining with the English colonies in the Revolution. France had settled and claimed Canada. Her colonists were almost wholly Catholics, The missionaries of the Catholic church, the hardy French pioneers, Joliet, La Salle, and Mar- quette, had explored the Great Lakes, the Mississippi down to New Orleans and thence across to Mobile, as well as many of the great rivers that emptied into the Mississippi. They had established over sixty forts and military stations in the vast territory of the Mississippi Valley and had penetrated as far east as where Pittsburg now stands. At the latter place they built Fort Duquesne, which afterward, in honor of America's great friend, William Pitt, was named Fort Pitt, and then Pittsburg. An interesting feature of their discoveries is the fact, ex- tensively published in France at the time, that near Ottawa, Illinois, these explorers piled up back of the logs which they kindled what they supposed to be black rocks. The rocks took fire and made better fuel than the timber they used. This was the discovery of coal in America. The English colonies fringed the Atlantic coast, yet claimed this vast and comparatively unknown territory to the Missis- sippi, which the French discoveries made disputed domain. 13 14 THE CONSTITUTION AND ITS FEAMEES France and England being at war with each other in Europe, and each claiming this splendid territory, the scene of their conflict was extended from Europe to America, and the colonists from both countries were dragged into the conflict. Owing to the fact that the French got along with the Indians better than the English settlers, and succeeded in securing many Indian tribes for allies, our colonies suffered the horrors of scores of Indian massacres, and there was engendered be- tween Canada and our colonies a bitterness of hostility that lasted until long after independence was achieved. The English claimed the territory to the Mississippi, if not to the Pacific, when the two races met and began the struggle for supremacy in this new world, and the colonies, claiming heirship to, if not ownership of this land, lent their loyal aid to the mother country, enhanced in enthusiasm by their own per- sonal interest. By the treaty between England and France, in 1763, Canada and all this vast region in dispute passed for- ever from French possession and came into that of the British crown. The conquest cost the colonies over thirty thousand of their hardy sons, and sixteen million dollars in money. With good reason, the colonists felt that they had bought this territory with their best blood and hard-earned treasure, so when George III. annexed it to the province of Quebec, forbade further set- tlement therein by the very pioneers who had won it, and ordered the few settlers there to remove east of the Alleghanies, public indignation was universal. The artful restoration of the wrested property to the Catho- lic Church in Canada by the English government widened be- tween Canada and the other provinces the gulf that already existed by reason of racial difference and past conflicts, and severed all sympathy between Canada and the other colonies. To be sure, for reasons of state, rather than love for the colonies, France allied itself later with the Revolutionists, and many of the sons of France, from motives of loftiest, purest patriotic philanthropy and from sincerest love of liberty, COLONIAL WARS 15 staked their fortunes and lives in our aid, and will deservedly live forever in the grateful memory of our people. But these facts did not make friendly sentiment for Canada. The supercilious treatment by the English officers of the rude backvroodsmen, who bore the brunt of every battle and were superior to the British soldiery by reason of experience in frontier warfare, left rankling wounds among the colonists that aggravated other grievances. All of the superior officers in these later wars were British, and they made the colonial troops, both officers and men, feel the weight of their contempt. And the colonists never forgot it. During the long and trying period of the French and Indian wars the need of colonial assistance had compelled the Eng- lish governors to relax the enforcement of many of their op- pressive regulations, and to give enlarged liberty to the grow- ing colonies. No race, above all the Anglo-Saxon, ever gave up rights once acquired, without a struggle, and the colonists were determined not to surrender the vantage ground gained by the interested indulgence of their rulers. But having conquered France, fearing nothing from European alliance, and believing the colonists weakened to exhaustion by the long struggle, England renewed its oppression, and the next twelve years counted for more in the way of alienation than did all our previous history. The value of the French and Indian wars was almost in- estimable. The experience not only inured the colonists to the privations and hardships of war; not only taught them the power and value of military discipline ; not only made them skilled marksmen, and familiar with the fields of future con- flicts; not only made them acquainted with each other and convinced all that they were one and the same people looking forward to the same destiny, but, above all, taught them the power and utility of united effort and united legislation. The French and Indian wars effected the education and urvification of rank and file. The shots of those wars shattered the exclusiveness of the colonies, and the blood of their cher- 16 THE CONSTITUTION AND ITS FRAMEES ished dead cemented in common grateful memory the hearts of the communities that contributed their sons to the common cause. The wars prepared the- called-for leaders. "Washington, Gates, Morgan, Montgomery, Stark, Putnam and many other officers of the Revolutionary army found in these wars the practical university, the military school of theory and ex- perience, educating them to plan the unforeseen battles, and prepare the countless details which made the efficiency of the armies in the Revolution so rapidly approaching. The ties of Indian war memories and common perils bound the colonies in strongest sympathy, and their "Committees of Correspondence ' ' in the coming troubles communicated as well- known acquaintances, as long-time friends. Virginia and South Carolina felt that any blow aimed at Massachusetts fell on kindred shoulders. They first taught the fruitful lesson, em- phasized in all our after history, of the inestimable value of the intermingling of the American people. This long period of intermittent war left the colonies con- querors of all enemies on their own soil, trained in the use of arms and the methods of warfare, and inspired with the cour- age of their own prowess, and their superiority over the soldiers sent here in the methods of the warfare they had to wage. It developed a confidence that made them more readily dare the coming conflict, and vitally supplemented their legislative labors in preparing them to establish a government for them- selves. CHAPTER IV SUMMAEY OF GOVERNMENT [HITS, it will be seen, a system of government alike in many respects existed in all of the colonies, ar- ranged somewhat as at present, yet radically dif- ferent. There were the governors and the two houses of the legislature; the councils, or upper houses, cor- responding to the senate of to-day; the assemblies, or lower houses, corresponding to the modern house of representatives. The differences in other respects were great. The various colonial governments may be divided into three classes : provincial, or royal, proprietary, and charter govern- ments. The provincial, or royal, were New Hampshire, New York, New Jersey after 1702 ; Virginia, North and South Caro- lina after 1729, and Georgia. The proprietary were Pennsyl- vania, Maryland, Delaware, New Jersey until 1702, and North and South Carolina until 1729. The charter were Massa- chusetts, Connecticut, and Rhode Island. In the provincial governments, the king appointed the gov- ernors and the councils. The governors, if so inclined, called for the election of the assemblies by the voters. In the proprietary governments, the governors appointed the councils and called for the election of the assemblies by the voters. The charter governments were those whose forms, rights, and powers were set out in the charters granted by the king, the charter being the same in that form of government as the modern constitution is to the state. All were modeled largely after the English method. There, the legislative power was and yet is vested in king, lords, and commons. Here, it was in the governors, councils, and assem- 17 18 THE CONSTITUTION AND ITS FEAMERS blies. The members of parliament in England and of the as- semblies here, were elected by the qualified voters, and while in most colonies no provision was made for legislatures, the colonists^ being English subjects, claimed all the rights and privileges of English subjects in the mother country, chief among them to be represented in the government. The gov- ernors and the councils had to concur, to give initial effective- ness to any legislation, then the king or foreign owners had to approve. The colonists had no voice in the choice of the governors or councils. These were the creatures of and re- sponsible only to this alien authority for what they did, or failed to do. They were under no obligation of any sort to the colonists. No laws could be passed in any of the colonies contrary to the laws of England. Thus the common law of England, yet prevailing in all of the states except Louisiana, where the Roman or French system exists, became the estab- lished legal system of America. A share in legislation was demanded by the colonists as the legal right of Englishmen, but was accorded much as a fiction to allay discontent, the foreign authority in all cases having the power to veto any legislation. The actual power of the rep- resentatives amounted to but little in itself, but its educational influence was of incalculable value. Through the elective mem- bers of the legislatures, the people were clothed with the form of self-government, the semblance of liberty. This was to bring later the reality. The people were being made accustomed to and familiar with the practical workings of elections, judicial proceedings, and legislative action — all the paraphernalia and process of self-government — so that when self-government did come, they were ready for it. That transition was but vitaliz- ing these accustomed forms into the living, breathing realities of governments by and for the people. The colonists, also, had their own peculiar laws. The Penn- sylvania Quaker and the Maryland Catholic extended religious freedom to the New England Puritan who removed to those colonies, but that Catholic or Quaker was rewarded with a coat of tar and feathers, the whipping post, or worse, if he removed SUMMARY OF GOVERNMENT 19 to the New England colony and carried his religion with him. Or, if he removed to Georgia, he was denied the right to own property, or hold office, or vote. In some of the colonies, one qualification of property existed for the voter, another for the legislator. In others, a religious qualification was enforced in addition. In some, the people in town meetings discussed and passed laws. In others, this was done by their representatives. The colonists attempted no proselyting among their neigh- bors, and permitted no interference with their local affairs by those neighbors. Throughout this century and a half, each colony was an existence unto itself, foreign to every other colony, subservient solely to the supreme control of the British crown. Naturally, the various colonies became hereditarily attached to their local notions of self-government. Their very isolation made these distinct ideas of political policy all the more vigorous in each; their struggles to maintain these peculiarities made them all the more obstinate in their attach- ment to them and less amenable to outside interference. If others did not like the local regulations, they could leave. If they did not leave voluntarily, they were forced to. These experiences nourished and gave strong roots to the doctrine of state supremacy. Its survival is neither to be wondered at nor blamed. But, as the colonies increased in population, as settlements approached each other, and acquaintances extended, com- munity as well as conflict of interests and ideas were engen- dered. Surrounded by Indian tribes, a common foe to all, there gradually developed a common cause of offense and defense. The community and conflict of interests and ideas added to the demand for some supreme power which should be an impartial, central arbiter familiar and in sympathy with the local needs and predilections. Another powerful lever toward unification had long been at work, and was being given increased energy of action. As development of the colonies progressed, both production and 20 THE CONSTITUTION AND ITS FEAMEES consumption increased and commerce enlarged, until the trade with the colonies became most valuable to the British manu- facturer and merchant. With the growth of trade, cupidity usurped the place of reason in the English mind, and the exac- tions of the British authorities became more and more severe. To confine this new fount of wealth to the English became the dominant thought of the English rulers. Then was born the two-headed monster, the tyranny of the crown and parliament, that tightened its folds about every industry, every right. The English parliament, successor of the very commons that had wrung Magna Charta from King John at Runnymede, and cut off the head of Charles I. for his infringement of their rights, claimed the same right of taxation and legislation for the colonies, without representation, that they had staked their all to wrest from despotic monarchs. Too feeble for armed resist- ance, the colonies could only protest, and appeal to the sense of justice that should have animated every English legislator and to the established law that should have been recognized by Great Britain. They were obliged to await the educating evolution of the truth that unity in governmental action is the child of law, the product of legislation ; that it is begotten and born of the surrender of much of sovereignty, much of inde- pendence, and the development of inter-dependence; that neither men nor communities live unto themselves alone, but out of mutual sacrifices, mutual efforts in common sympathies, come the highest and holiest benefits to all. CHAPTER V EELIGION AND EDUCATION gVERY large proportion of the early settlers sought our shores to be secure in the enjoyment of their religious liberty. They had braved the fury of their native governments and the hostility of their countrymen in conscientious adherence to their faiths. They had abandoned their kindred, their native lands, the dearest ties that association and memory weave about the human heart, in supreme adoration of God and to devote their lives to what they believed was His proper worship. Their influence was all-powerful in laying the foundations of this republic. A profound and sincere and energetic piety pervaded all the colonies from Maine to Georgia. No such thing as modern skepticism and a host of other isms that confuse to-day's thought was known. The Bible was the book of books with them. They read and reread it; they believed it; they lived up to that 'belief as God gave them light to see. Their excesses were the children of an unfaltering, over-enthusiastic faith — the parent of fanatical oppression. They saw eternal ruin in opposition to that faith, in anything that tended to its impair- ment, and, as a rule, dealt with such opposition with a relent- less and rigorous hand, just as they would have dealt with one who sought to apply the torch to their homes, or to attempt the lives of their families. With scarcely an exception, the leaders of the day were devout. God-fearing men. Women, always and everywhere the main support of the church, were the almost universal teachers of the young, and religious and moral instruction was as large a part of their teaching as intel- lectual culture. Weighed down by personal poverty and under the impotent make-shift for a government that the continental 21 32 THE CONSTITUTION AND ITS FRAMERS alliance and the confederation gave them, does it not appear that the piety that marked the entire country was rewarded by the guidance of God in the successful effort for freedom and independence? The southern colonies were agricultural, and by reason of the separated settlers, the danger and difficulty of attendance gave less opportunity for schools than the town settlements of their northern associates. Little was done in those colonies toward the establishment of public schools until after state- hood was attained under the national government, and with that we are not now dealing. Virginia was first settled by an adventurous class of men, who came with the alluring but delusive hope of acquiring sudden fortune and returning to England to enjoy it, and who were without the family ties that make religion and education of first importance. With the coming of women, marriage, home-founding, and permanent settlement, however, an imme- diate change resulted. ° Regard for the future of those always dearer to men of character and conscience than their own lives turned the attention and efforts of the later settlers to the moral and intellectual upbuilding of the coming genera- tion. The Church of England was made the established church, and was well provided for. The environment of the Virginia settlers made a system of general education impracticable, and their antecedents made them careless of it. Engaged almost wholly in the profitable culture of tobacco, with widely separated farms, surrounded by hostile Indians, the attendance of children upon schools was difficult and dangerous. But they were of the higher grade of English people, and believers in the best of educa- tion for the few, if regardless of a common culture. Many of the young men were taught by private tutors at home until prepared and sent to the English universities. The young women were limited to home culture. In 1619, the directors of the colony of Virginia in England voted 10,000 acres of land to establish a university at Henrico^ EELIGION AND EDUCATION 23 and the same year the colonists addressed a petition to the odious Berkeley, praying that the king be petitioned for let- ters patent authorizing subscriptions among the good people of England for the erection of colleges and public schools. In 1660, a tax of a penny a pound was levied on all tobacco, and all fees and profits of the office of the surveyor-general placed under the control of the faculty of the college, which, in 1692, was named the College of "William and Mary, and located at Williamsburg, then the capital. They also voted to this col- lege £2,000 and 20,000 acres of land. The college now known as Washington and Lee was established at Lexington in 1749. The Puritans came to this country for the express purpose of freedom of religion — freedom for themselves and their religion. Strange to say, they practiced the very intolerance toward other religions that they themselves had fled the old world to escape. Roger Williams, the apostle of conscience in religion, was expelled from the colony. Mrs. Anne Hutchinson, one of the most remarkable women in American history, who confined her preaching mainly to her own sex, was also ban- ished, although upheld by Governor Vane and many of the leading men. The gentle, non-resisting Quaker was even more rigorously dealt with. The power of the Puritan ministers was as great, if not greater, than that of the public officials. Not until 1686, when Massachusetts became a royal province, did their power begin to lessen. In 1623, an unusually abundant harvest blessed the efforts of the Massachusetts people, and when Governor Bradford, after the harvest, sent out men to get game, a similar abun- dance was brought in. In devout recognition, he ordered a great feast prepared, to which the Indian king Massasoit and ninety of his tribe were invited, and there first they ''thanked God for the good things of this world," and began the annual Thanksgiving that, ushered in by the president's proclama- tion, has become the great day for family reunion and religious gratitude in the larger part of the country. Notwithstanding the excesses v/hich the intensity of their 24 THE CONSTITUTION AND ITS FEAMEES religious fervor made them guilty of, the Puritans were an honest, elean-minded, pure people, to whom not only America but the civilized world as well will always owe a debt of gratitude. They will stand forever as the sturdy type of devotees to a principle, ready to deal and dare death in sup- port of the principle they espoused; as constant, energetic seekers for the world's moral and intellectual betterment. Their ministers went with the Bible in one hand and school book in the other, and they sought no bondage of ignorance to bind people to their belief. In 1636, the Massachusetts general assembly voted £1,000 to found a college at Newtown. In 1638, John Harvard willed to it his library and £800. It was thereupon given the name of Harvard College, and the name of Newtown changed to Cambridge. There the first printing press in America was set up. The first publication was the New England Almanac. For many years each family gave a peck of corn or one shilling cash to sustain this college. Free schools were established in Boston in 1636. In thirty years, no town was without its free school, and where the town had one hundred families, it had a grammar school. Every town failing to keep a school at least three months in the year was fined five pounds, and the school law provided that the children of the poor should be taught free. Here was the beginning of the public school system that is the pride, the hope, the glory of the United States. Connecticut in 1639 adopted the Bible as the law of the colony, and provided that only church members should be freemen. Thereafter, all religious restrictions were removed, and every male of good moral character was accorded citizen- ship. There, also, was heartily given the same support of public education known in Massachusetts, and the main- tenance of public schools was made compulsory. In 1701, ten ministers, nine of them graduates of Harvard, contributed from their libraries for the founding of a college. This was the foundation of Yale College. EELIGION AND EDUCATION 25 Under "William Penn, public schools were started in Phila- delphia. In 1689, a public grammar school, known as "The Penn Charter School," was established there. This, later, under the guiding and sagacious hand of Benjamin Franklin, who drew up the proposal founding it, bore fruit in the Uni- versity of Pennsylvania. Under the Dutch patroons, the Dutch Protestant church was the church of the state of New York, then New Amster- dam. Any minister who preached a doctrine contrary to the doctrine of that church was fined £500, and those who dared to listen to him, £100 each. When New York passed under English possession, other denominations were allowed equal freedom. Schools were supported by private enterprise. King's College, now Columbia, was established in 1754. Under the lead of Roger Williams, the utmost religious liberty was allowed in Rhode Island. A public school was established in Newport in 1646, and thence schools spread over the colony. Brown University was established at Providence in 1765. In 1693, each town in New Hampshire, except Dover, which was too impoverished by Indian raids, was required to provide a school. Dartmouth College was established at Hanover in 1769. In 1656, the "New Hampshire Gazette," the first news- paper, and the oldest in New England, began publication. New Jersey was tolerant toward all religions. By a law enacted in 1693, the maintenance of public schools was left to each township, but the tax was binding on all the citizens thereof when voted. The first public school was established in Newark in 1676. The College of New Jersey was estab- lished at Princeton in 1746, and what became Rutger's College, at New Brunswick, in 1769. The Salzburgers, German Protestants, whose persecution enlisted the sympathies of the Christian world, the hardy Swiss, and the Scotch Presbyterians, as well as the Methodist lovers of religious liberty, made sacred the early settlement of Georgia, which, though the last settled of the thirteen 26 THE CONSTITUTION" AND ITS FEAMEES original states, soon became one of the most orderly, cultured, and prosperous. The French Huguenots, hunted to forest depths and moun- tain snows in their native land, found an asylum in the Caro- linas, as did many of the sturdy and stubborn Scotch Presby- terians. Their posterity were among the most honorable who built up those states and helped make American history, carry- ing with them the purity, the honesty, the decision of char- acter that distinguished such an ancestry. In probably the greatest forensic effort of America's staunch friend — the peerless reasoner, the matchless orator of his day, the Webster of English parliamentary history, Ed- mund Burke — he stated, in 1775, "I have been told by an eminent bookseller that in no branch of his business, after tracts of popular devotion, were so many books as those on law, exported to the plantations. The colonists have now fallen into the way of printing them for their own use. I hear they have sold nearly as many of Blackstone's Com- mentaries in America as England." Considering the day in which they lived and their situation and surroundings, their enthusiasm and efforts for private and public culture is one of the most marvelous and commendable features of the republic's founders. They appreciated and felt to the fullest the value of the alchemy of culture that turned into the gold of mental power the intellectual abilities of the people. Their works and the writings of their day tell of the results obtained in their superior intelligence. This republic was founded and built up in a religious, moral, and intellectual atmosphere, and it behooves those who inherit and enjoy the legacy left by the colonists to preserve and perpetuate every element that entered into its composition, and made us what we are. CHAPTER VI EFFORTS FOR UNION jHE advantage, nay more, the necessity of the union of the colonies early became apparent, and prompt- ed the feeble beginning that ended in the nation reaching from ocean to ocean. In 1638, the three towns of Hartford, Windsor, and Wethersfield joined in a little confederacy under the first constitution written by Americans for American people. In 1643, the four colonies of Massachusetts Bay, Connecti- cut, Plymouth, and New Haven, endeavored to form a union under the name of "The United Colonies of New England." This was solely for defense against the Indians, and no at- tempt was made for anything like a mutual system of inter- colonial law. Its board of eight commissioners, two from each colony, were empowered to call out troops, conduct campaigns, and settle disputes between the colonies, but not to interfere in any way with the internal or domestic affairs and local gov- ernment of any one of them. Rhode Island was denied admission to this confederacy because freedom of worship was established in it ; Maine, be- cause it maintained the worship of the Church of England. The Puritan conscience did not permit of such irreligious contact even for needed, united defense against a savage foe. John Locke, and the commissioners for the colonies in England, endeavored to establish a sort of military union be- tween all of them at the beginning of the French and Indian wars, but it proved abortive. These wars, however, were the first occasions where all the colonies, as subjects of a common government, were brought into a common alliance which was really the foundation of the ultimate union. 27 38 THE CONSTITUTION AND ITS FEAMEES In 1690, the Massachusetts general court invited all the colonies to send commissioners to meet at New York and agree on suitable methods to assist each other for the safety of the whole land. All of the colonies made favorable replies, even the Quaker governor of Rhode Island promising that colony's armed aid. But, owing to distance and difficulty of travel, only commissioners from Massachusetts, Connecticut, Plymouth, New York and Maryland met. In 1697, William Penn proposed to establish a congress of two deputies from each of the colonies to meet once a year, or oftener, in time of war, and every two years in time of peace, to consider matters of common concern. June 19, 1754, a convention was held at Albany, New York, to form a United Confederacy to repel the attacks of the French and Indians. This was attended by delegates from seven of the colonies — New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, and Maryland. Benjamin Franklin was a member of this convention, and submitted to it a constitution for the formation of a per- manent union, but it was not democratic enough to suit the colonies, and too democratic to suit the king, and so, between the two stools, it fell to the ground. It was far more national than the articles of confederation, and well served the good purpose of stimulating public thought and attention to the benefit of a common union, and throughout the whole country inspired anew the desire for a more democratic government. Franklin proposed a grand council of representatives from all of the colonies to meet in Philadelphia every year, with powers similar to our national house of representatives, enabling it to levy taxes, build forts, and exercise supreme control over matters that concerned all alike. He proposed to have a presi- dent to be appointed and paid by the English king, with power to veto all acts of this general council. Franklin's plan is known as the Albany plan. Says our eminent historian, John Fiske, "If the Albany plan had been adopted in 1754, it is quite possible that there would have EFFORTS FOE UNION 29 been no revolution. But not one of the colonies accepted the plan. The people eared little or nothing for union. A native of Massachusetts regarded himself as a Massachusetts man, or a New Englander, or an Englishman; not as an American, with Pennsylvanians and Virginians as countrymen. So it was with all the colonies; in all, the feeling of Americanism grew but slowly." October 7, 1765, nine colonies sent twenty-six delegates to the congress which was held in New York, and was known as the "Stamp Act Congress." New York was represented by four, Rhode Island and Delaware by two each, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, and South Carolina by three delegates each. The other colonies, while in ardent sympathy, sent no delegates, being prevented by their loyalist governors. Timothy Ruggles, a Tory of Massachusetts, was elected president of this congress, whose session was of but three weeks' duration. It adopted a "Declaration of Rights and Grievances of the Colonies," which was agreed to by all, but not signed by the delegates from some of the colonies, who considered themselves destitute of authority to do so and wished the declaration referred to the respective assemblies for action. All of the colonies ratified this declaration, and some of them made severe censure of their delegates for fail- ing to sign it. The next congress, which became the great congress of the Revolution, met at Philadelphia, September 4, 1774. This congress adopted a "Declaration of Rights," declaring, among other things, that since the colonies "cannot be properly rep- resented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures." It was then, and yet is, the British law that no tax should be levied on the people, except by members of parliament elected by them as their representatives. This right that congress claimed, and in addition the right of the colonies to enact in their own representative legislatures all 30 THE CONSTITUTION AND ITS FEAMERS laws, except those relating to foreign commerce and of an international nature. Loath to part with the mother country, still loyal to the English sovereign, craving only their rights to be the same on one side the sea as the other, on October 26, 1774, this congress addressed the king in their respectful, if not humble, petition as "the loving father of your whole people," protested that "they had not raised armies with the ^ ambitious design of separating from Great Britain, and estab- lishing independent states," and begged his reparation of their wrongs. The next attempt was by the adoption of the articles of confederation in 1781, and the last, the adoption of the present constitution in 1789. All of these tentative efforts were steps toward the final consummation. They started and kept up the trend of public thought that, year by year, was educating and maturing the leaders and the masses for such a government as the world furnished no precedent for, and could only be had as the product of gradual evolution. These historic facts demonstrate that the formation of the constitution was no sudden, impulsive outburst, born of un- expected necessity and the climax of an unlooked-for crisis, but the crowning achievement of over a century and a half of earnest study, of varied and repeated suggestions on the part of the ablest and best minds during all that developing period. Never in the history of the Anglo-Saxon race, if in the history of the world, was the public thought so centered in the rights of man — in the theory of government — as during the period from 1640 to 1776. From the Elizabethan era — the climax of that race's activities along literary lines — its intel- lectual energies were turned into the study of governmental problems. Even back beyond this age it went. The British parliament had long stood for the people against the king, and the struggle which began centuries before at Eunnymede, continuing until it had cost one king his crown and another his head, planted principles never to die. British emigration EFFORTS FOR UNION 31 to America was largely in excess of that of all other nationali- ties combined, and with almost complete unanimity, the emi- grants were imbued with the growing doctrine of democratic equality. This belief grew with their residence here. Those of other races who sought our shores did so mainly to enjoy that religious, if not civil, liberty, that freedom of opinion, speech, and conscience denied them in the land of their nativity. Thus they added to the growing sentiment of the day and time. These combined streams, with no representatives of royalty here to stem or turn their current, were fed by the local situation of society, in which personal fitness, alone, could claim the place of precedence, personal worth call to place and command. Here was the glamour of no court to dazzle and delude. Here all were frontiersmen, who must plan and battle more for their own protection than for their prosperity. They were in a new world, alien in all things to the clans, classes, and conditions of the old. Thrown upon their own resources, dependent upon themselves, they fought in their own way the savage whose domain they were wresting, and of necessity were driven to the enactment of laws suited to the peculiar situation of each community. Their inherited views of the rights of the citizen were broadened, deepened, and reinforced by their experiences. They builded upon the foundation laid in the contests of the old world for the supremacy of rights established by law over the prerogatives due to the accident of birth. Back through the centuries run the roots of the tree of American independence. It may have burst into sudden flower, but its growth was of no mushroom speed. Never were plans for self-government so thoughtfully con- sidered, so much enlarged, and so remodeled to secure public and private rights, individual and community safety, and the establishment of a system of legislation that would enthrone power without tyranny, that would give the strength of unity without the crushing coercion of a central authority ignorant of the born and bred principles, the local ideas and the peculiar 33 THE CONSTITUTION AND ITS FEAMEES attachments that each of the colonies cherished. The right to individual opinion, to freedom of thought and speech, to enjoy life, liberty, and the pursuit of happiness under laws that at once restrained and enlarged individual action, that gave each one his own, yet trenched on no other's rights, was slowly, surely, gradually maturing to everlasting establish- ment. Common peril inaugurated the action. Common profit urged it on. The wisdom that comes from a multitude of coun- sel and experience refined its growth. And, during all the dark years of the War for Inde- pendence, the Anglo-Saxon of America had the sympathy of the Anglo-Saxon of England. While but few of England's statesmen — and they the ablest that adorn the history of that day — braved the fury of court and courtier in defense of colonial claims, the vast majority of the English people gave such earnest sympathy to their kinsmen here that the king was compelled to hire the Hessian soldiery to fight his battles against the flesh and blood of those who upheld his crown. / It is certainly a matter of international congratulation, that, as the years have gone by, the rulers, leaders and peo- ple of no two nations have grown closer to each other than those of Great Britain and the United States. May this good feeling ever continue, growing in sincerity and intensity! In cither's hour of need may the other ever give heartiest re- sponse, in the words of the English Admiral, when asked his reason for interfering with a foreign power in behalf of im- periled Americans whom he rescued from impending execu- tion, "Blood is thicker than water, they speak the same tongue that I do!" CHAPTER VII CAUSES OF THE REVOLUTION |E have seen how, from the very beginnings of set- tlement here, the unrebuked tyrannies of the gov- ernors sent over to rule the colonies had exasper- ated and alienated them from Great Britain. Charters had been granted and taken away. Territories had been divided without the consent and against the will of those to whom they had been conceded. All of this taught the colonists that the foreign authority considered the colonies had no rights that it was bound to respect. Between the upper millstone of the king and the lower of parliament, their vested rights were being ground to powder. The victory of England and her American colonies over the French and Indians left Great Britain the ownership of a territory growing in population and prosperity, whose com- merce was of great value to the British tradesman. At the time of the revolution, this commerce of the colonies amounted in volume to nearly one-third of the entire English commerce with the world. To confine it to English greed was the pur- pose of the royal actions. The king believed if settlement went beyond the Alleghanies, it would go beyond the reach of English trade, would tempt the colonies to new alliances, and give them dangerous power. Hence, the colonies were forbidden to enter into that territory. Then began the series of added oppressions under George HI. The colonists were still loyal to the king and complained not of his sovereignty over them, but of the denial to them of the right of English citizens to representation in parlia- ment; of the denial of the right to make local laws whereby they were to be governed without misunderstood revision by 33 34 THE CONSTITUTION AND ITS FEAMERS those who knew nothing of their situation; of being taxed without any voice by this foreign authority, and of the denial of the right to build up their trade with other and neighboring peoples. The increasing, profitable trade with Spain and France was placed under penalties so heavy as to utterly destroy it. "Warships patrolled the coast to prevent the vessels of these nations from coming to colonial ports. The famous — or rather infamous — Navigation Act, increased in severity by the re- strictions of subsequent acts, made England the only country where the American merchant could buy goods or ship products; in fact, the sole market for the American producer and merchant. Iron manufacture had started up in New England and Pennsylvania, but parliament prohibited the shipment of pig- iron even to England, and the manufacture of steel and bar iron for use here. The existing iron works were closed and the building of new works prevented by their being subject to destruction as nuisances. Lord Chatham, formerly Mr. William Pitt, one of the best and truest friends the colonists ever had;, said in Parliament : ' ' The British colonists of North America had no right to manufacture even a nail for a horse- shoe." The prohibition of shipping woolen goods from colony to colony was enacted. A similar one regarding hats was made because, it was claimed, the abundance of furs would soon enable the colonists to supply the world with hats. Duties were laid upon the importation of rum and molasses from the French and Spanish West Indies. Swarms of custom- house officers were sent over, who were empowered to search any house for smuggled goods, and writs of assistance were readily granted by the court under the domination of the Eng- lish government. Under the "Quartering Act," soldiers were sent over under the pretense of protecting the colonies, and the people were compelled to house and provision them. For any offense to the military, the accused were transported for trial to England, where they could not get witnesses, and an CAUSES OF THE REVOLUTION 35 adverse verdict was certain. The odious ''Stamp Act" re- quired revenue stamps to be placed upon every legal docu- ment and article of merchandise. Between 1651 and 1774, twenty-nine different acts were passed by parliament, all lengthy and difficult of interpreta- tion, and all aiming to confine and restrict all our commerce to Great Britain, even to the exclusion of the colonies dealing with each other. If a merchant or farmer in Massachusetts wished to sell or trade his wares or produce to a neighbor just across the line in the next colony, he either had to ship them clear across the Atlantic to England and thence reship them back, or else pay a duty to the officer of royalty here. The tossing of several ship-loads of tea into Boston harbor by colonists disguised as Indians widened the growing breach, and inflamed the hostile feelings between the king and the colonists. The port of Boston was closed to all trade until they paid for this tea, and made required apologies to the king. Massachusetts appealed to her sister colonies to as- semble a congress and act in concert upon this state of affairs, and this appeal was promptly answered and acceded to. The war-cry of the colonists then became that tenet of political faith, for centuries and yet of universal adoption by the Anglo- Saxon race, "No taxation without representation," broadened by them into "No legislation without representation." In the evils growing out of the violation of this doctrine may be summed up all the causes of the Eevolution, a revolution not the least of whose beneficent fruits has been Great Britain's better government of all of her colonies, and the strengthening of her own empire in the enlargement of the liberties of her people. CHAPTER VIII EEVIEW iHE foregoing historic glance shows that the Chris- tian, liberty-loving people of every civilized race contributed to the foundation of this free republic ; it shows how deep and strong were the attachments of each colony to its peculiar ideas of what constituted indi- vidual right, and it explains, to an extent, the opposition to a national government which would be a supreme, central con- trol beyond the borders of the respective colonies. The tyrannies practiced by the sovereign powers in Eng- land were not only the unbearable reasons for the revolt of the colonies, but they were also the teachers that instilled into the American mind the fear of any sort of national sovereignty, a fear that descended into the hereditary doc- trine of state supremacy. These oppressions ground into the very souls of the colonists an educated dread of a distant, su- preme power. Their fear of and aversion to the establishment of any such consolidated power was well founded, as it was the fruit of decades of disastrous experience. To them a central authority was synonymous with the forceful violation of all rights and the baneful rule of might, regardless of policy, of law, of justice, and of humanity. This explains how the spirit of states' rights, or rather, state supremacy, survived until the dread arbitrament of arms established the supremacy of the government of the United States, the in- divisibility of the Union and the fact that we had become, if we had not always been since the adoption of the constitution, a nation. This shows, too, how long and painful a period elapsed — over a century and a half of practical experience in the elective franchise, and in legislation; nearly three-quarters of a cen- 36 REVIEW 37 tury in intermittent warfare, acquainting them with the courage and discipline needed to face a foe — before, in the mysterious ways of an overruling Providence, the colonists were permitted to pursue the perilous paths of an independent people. Tenacious of their own peculiar views, as averse to enforc- ing them over others beyond their borders as to having the ideas of those others made controlling over them, the colonists desired distinct independence, yet with some sort of offensive and defensive league among themselves which would be su- preme when the supremacy of unity was needed, yet subordi- nate to themselves — a practical impossibility. With no railroads, no telegraphs, no communication save over dirt roads and by water, but few newspapers, and those of but limited circulation in their own localities, separated and surrounded by hostile savages, the colonists were as aliens to each other. Their commerce was almost wholly with those beyond the seas. Interstate business, commercial and personal relations, such as now exist, were then unknown and unantici- pated. The vista of the future opened up no such scene of splendid grandeur, of internal industrial activity, of foreign commercial aggression, as is witnessed to-day. The chords of kinship that now knit the various sections with tenderest, strongest bonds were few and slender. The colonists were aliens and strangers, though all owed allegiance to one common head. Ownership, individual and corporate, did not stretch from state to state, border to border, and section to section. The liberty-loving, fearless, pious people of every civilized race contributed to make this cosmopolitan country the welded power that it is, but furnished an antag- onism then that helped to draw the sections asunder. It is not to be wondered at that the formation of a supreme federal union was so difficult of accomplishment. To this day, with all our facilities of communication ; with all our interlocked interests that are impossible of severance without common disaster; with the most intimate and sacred ties of blood and 38 THE CONSTITUTION AND ITS FEAMERS family binding every part of the country ; with the tremendous acquaintance of universal travel, and every day's doings of the different sections known at once in every other, there are matters of local concern that violently estrange and bitterly antagonize. Diverse interests and clashing sentiments yet disturb our common harmony, and make the yoke that all bear with willing honor and enthusiastic devotion gall in places that it touches with unequal weight. On the other hand, there are /"many matters which are now of sovereign state control, such ,* as marriage and divorce, inheritance, descent and distribution of property, and other vital concerns of common, universal interest, that make strenuous claims for uniform, national legislation. The distrust of the people felt in colonial times by many of the ablest and most philanthropic men who were leaders in public thoughts is dying away, and the power of the people is becoming ever greater. The choice of senators by a select body, for instance, is growing more and more obnoxious, and many advantages are loudly claimed in giving this choice directly to the people themselves. On the other hand, the fear of representatives long kept in public service is fading from the people, and extended periods of official life are known to have given greater influence to those of distinguished ability and irreproachable character, as well as better service to their constituents. Leader and led, the sources and representatives of political power, are growing nearer together, more trustful of each other in our national life. More and more the national repre- sentative is becoming sympathetic with the heart-beat of the represented. Congress, in early days, sat with closed doors, and its sessions were inviolately secret. To-day, the repre- sentative speaks not merely to his fellows in earshot, but to the whole country. His recall for transgression, or rather, the balking of any attempt at transgression, is far more prompt and effective than our fathers dreamed of. The in- stant indignation of the whole country would reach the capital EEVIEW 39 on the eve of the attempt to subvert the liberties of the people, as seemed to be our fathers' constant fear, and thwart it in conception. The trouble now is, we know far more about our national affairs and take greater interest in them than in our state and municipal concerns. The fear and contempt for the national authority then felt is being transferred to the local. Every state and every section is equally loyal to an indis- soluble union, and bows with patriotic submission to the majority rule of a united people. Our national legislators clasp hands with a constituency that covers the whole coun- try. Leading states lend listening ears to the voice of their sister states when it comes to retaining or sending to our national councils congressmen who have shown a breadth of view that the whole country commends, and the people over- ride the combined power of politicians in the choice of him who is to head the government. More and more the question is becoming, not from what state does he hail but what sort of an American is he? Hand in hand, national and state sov- ereignty are marching their harmonious road to national, state, and individual welfare, and making the American system lead the world to that composite, welded community where ruler and ruled stand on common ground; where each state-com- munity is not only left to the independent control of its do- mestic affairs, its local concerns, but guaranteed security in that control; where local, personal predilections haVsC fullest respect; where no dead sameness enthralls, but diversity of effort in the personal participation of the various peoples in self-government may direct the highest development of all; where the observed progress of independent states stimulates effort; where universal justice and universal advancement are nearest attained; where, in the fruition of God's good time, all people may profit by the lesson of our Federal system, and the nations of the whole earth may establish some great tribunal by which all international questions may be decided — a genuine "Parliament of man, the Federation of the world. ' ' CHAPTER IX THE CONTINENTAL CONGEESS — THE DECLAEATION OF INDE- PENDENCE ^HE oppressions common to all of the colonies had occasioned the formation in each of a "Committee of Correspondence," by which their grievances were discussed and concert of action agreed upon. The negotiations of these committees resulted in the first Continental Congress, composed of fifty-five elected members, which met in Carpenters' Hall, Philadelphia, Monday, Sep- tember 5, 1774. The following were members: John Gilman, New Hampshire Nathaniel Folsom. John Adams, Samuel Adams, Massachusetts Thomas Cushing, Eobert Treat Paine. Silas Deane, Eliphalet Dyer, Stephen Hopkins, Connecticut Eoger Sherman. Ehode Island Samuel Ward. John Alsop, Simon Boerum, James Duane, William Floyd, New YorJc 40 John Hering, John Jay, Philip Livingston, Henry Wisner. THE CONTINENTAL CONGEESS 41 New Jersey Stephen Crane, John DeHart, James Kinsey, Edward Biddle, John Dickinson, Joseph Galloway, Charles Humphreys, Thomas McKean, George Eead, Samuel Chase, Thomas Johnson, Robert Goldsborough, Eichard Bland, Benjamin Harrison, Patrick Henry, Eichard Henry Lee, Eichard Caswell, Joseph Hewes, Christopher Gadsden, Thomas Lynch, Henry Middleton, William Livingston, Richard Smith. Pennsylvania Thomas Mifllin, John Morton, -* Samuel Rhodes, George Ross. Delaware Caesar Eodney. Maryland William Paca, Matthew Tilghman. Virginia Edmund Pendleton, Peyton Randolph, George Washington. North Carolina William Hooper. South Carolina Edward Rutledge, John Rutledge. Georgia Was not represented until September 13, 1775, when she sent: Dr. Wimberley Jones, Archibald Bullock, John Houstoun, Lyman Hall. Peyton Randolph, of Virginia, was elected the first presi- dent, but being speaker of the Virginia assembly, he returned 42 THE CONSTITUTION AND ITS FBAMEES home to attend the session called by Governor Dunmore to consider Lord North's "conciliatory proposition," and Thomas Jefferson was appointed to fill his place. The succeeding presidents were: Henry Middleton, of South Carolina; John Hancock, of Massachusetts; Henry Laurens, of South Carolina; John Jay, of New York; Samuel Huntington, of Connecticut; Thomas McKean, of Delaware; John Hanson, of Maryland; Elias Boudinot, of New Jersey; Thomas MifHin, of Pennsylvania; Eichard Henry Lee, of Virginia; Nathaniel Gorham, of Massachusetts; Arthur St. Clair, of Pennsylvania; Cyrus Griffin, of Virginia — fourteen in all. John Hancock served through the second, third, fourth, fifth, and sixth sessions and was reelected at the eleventh, but did not serve on account of ill health. The vote was by states, each state having one vote. The vote of nine states was necessary to pass any measure. For this reason, many im- portant measures failed of passage. The proceedings of the congress were kept secret. The leaders were not yet ready to trust the people, or else feared the disclosure of what was done would hurt their cause. It became a revolutionary con- gress, and was merged into the Congress of the Confederation, The Continental Congress began as a peace congress and was a strenuous, concerted effort for justice and reconcilia- tion, not for independence. Its pathetic appeal to the king is on record as evidence of this, and the expressions of its leading men confirmed it. Here are the expressions of a few : Said Benjamin Franklin: "I had more than once traveled from one end of the country to the other, kept a variety of company, and never heard froni any person, drunk or sober, the least expression of a wish for separation." John Jay: "During the course of my life, and until the THE CONTINENTAL CONGRESS 43 second petition of congress, in 1775, I never did hear an American of any class, or of any description, express a wish for separation. It has always been, and still is, my opinion and belief, that our country was prompted and impelled to independence by necessity, and not by choice." Thomas Jefferson: "What eastward of New York might have been the disposition toward England, before the com- mencement of hostilities, I know not ; but before that, I never heard a whisper of a disposition to separate from Great Britain, and after that, its possibility was contemplated with affliction by all." James Madison: "It has always been my impression that a reestablishment of the colonial relations to the parent country, as they were, previous to the controversy, was the real object of every class of the people, till they despaired of obtaining it." George Washington: "When I first took command of the continental army (1775), I abhorred the idea of independ- ence." The ripened growth of independence was the result of time and circumstance. So was, still later, the authoritative, permanent national government under the national constitu- tion, since it originated merely from an effort to amend the Articles of Confederation. So also was, still later, the emanci- pation of all slaves, and the universally accepted idea of the perpetual sovereignty of the United States as one consolidated nation. Lincoln said, he was "for saving the Union, with slavery, if that could be done, without slavery, if that must be done; but the Union first, last, and all the time." All these great events in our history were the culminations and the climaxes of crises, more the result of necessity than of any first intentions. The American people and the Conti- nental Congress that represented the state did not wish inde- pendence of the great nation for which they still cherished a filial affection. What they desired was an enlarged liberty 44 THE CONSTITUTION AND ITS FEAMEES of action bred by their very environment, born of their sense^ of their right of inheritance as English subjects and consonant with the laws of the sovereign power to which they bowed as citizen-subjects. Instead of wisely directing this sentiment of loyalty; in- stead of cultivating the idea that the colonists were children of the British ancestral home, though on distant shores; instead of heeding the masterly appeals of Burke and Pitt to honor and encourage the same spirit that had made Eng- land what it was; instead of recognizing the fact that the peculiar situation of the colonists made them the better judges of the peculiar needs of their locality — instead of doing these things, the English government pursued the very course to convince the colonists that they were considered to be a lower race than that of the mother country, that they existed solely to enrich the power they wished to honor, and to serve the people of which they desired to feel themselves a com- ponent part. The colonies first fought separately their own battles for their rights under their charters and as British subjects. When that proved fruitless, they combined as distinct states to secure those rights by joint efforts. "When united effort for their rights as British subjects gave no hope of success, they joined hands and leaped to the loftier plane of an inde- pendent people. Not until the second session of the Conti- nental Congress did the idea of independence possess that congress, and it is difficult now to realize by what a narrow margin the passage of the resolution for the declaration of independence was secured in that congress. In November, 1775, Pennsylvania, and in the following January Maryland and New Jersey, had all positively in- structed their delegates to vote against any proposal to sepa- rate from Great Britain. But the continued oppressions of the British government and the excesses of its representatives sent over, backed up by the conduct of the loyalists, native THE CONTINENTAL CONGRESS 45 to the soil, who sided with them, fanned the kindling fires of freedom. Since Our Saviour shed His blood for man's redemption, no great cause has ever triumphed, no great right been made secure, no lasting principle placed on enduring basis, that has not been baptized in the blood of mankind. The blood of provincial patriots shed at Lexington settled the course of the colonies. On May 15, 1776, Virginia instructed her delegates to propose a Declaration of Independence. The famous Mecklen- burg declaration of North Carolina had been issued, and the same spirit was stirring through all the colonies. On June 7th, Richard Henry Lee, of Virginia, moved the adoption of the resolution: "That the united colonies are, and ought to be, free and independent states, and that their political connection with Great Britain is, and ought to be dissolved." This passed by a bare majority of the vote of one state, seven states voting for, six against it. The vote was cast by states. "When the state of Pennsylvania was reached, the vote stood even, and that state was equally divided, until John Morton cast the deciding ballot and carried the resolution. On this account, the subject was postponed until July 1st. Meantime, on June 11th, Lee having returned home on account of sickness, a committee, consisting of Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston, was appointed to prepare a formal declaration. This it reported, as drawn by Thomas Jefferson, on June 28th. Consideration of it was resumed, and, on that day, nine colonies supported it. By July 4th, Delaware, Pennsylvania, and South Carolina joined with the majority. The provincial assembly of New York on July 9th instructed the delegation from that state to sign it, and the action became unanimous. The declaration was then engrossed and signed by all of the delegates, except Thomas McKean, of Delaware, who signed in October, and Matthew Thornton of New Hampshire, who signed it in November. 46 THE CONSTITUTION AND ITS FEAMEES While it was being signed, one of the delegates remarked: "Now, we must all hang together," when Benjamin Franklia replied in grim humor: "Indeed we must, or assuredly, we shall all hang separately." Of the three hundred men who were members of the Conti- nental Congress and the Congress of the Confederation from first to last, most of them were prominent in the history of their states, and later in the history of the United States. Many of the ablest members were sent abroad on foreign mis- sions, or called into the military service. In a letter to Benja- min Harrison, Washington complained bitterly of the absence of such men from the congress, and suggested that the states enforce compulsory attendance of their best and strongest men. When a place in the national congress is the acme of the ambition of so many of the ablest men of our time, it is hard to believe it was so difficult to induce such men to accept similar positions at that time. But there was a large amount of human nature in the men of that day, as there always will be. At heart, they doubted the permanent success of the con- federation. Its helplessness from lack of coercive power made a position in it a place, not of accomplishment, but of criticism. The noblest ambitions and the best efforts can only be secured by a government of permanent authority. The states them- selves were permanent, sovereign organizations, and the man who looked for a secure future sought his work within his own state. From July 2, 1778, to June 21, 1783, the congress held one continuous session of 1816 days, the longest session known in American history. On September 3, 1783, the treaty of peace between Great Britain and the United States was signed, on the part of the former by David Hartley, of the latter by Benjamin Franklin, John Adams, and John Jay, and the inde- pendence of the United States was acknowledged. Then began a struggle, almost as bitter and lasting nearly as long as the War of Independence, for a government that would secure and perpetuate what had been so grandly THE CONTINENTAL CONGRESS 47 achieved. "When it is considered that, during this trying period, the government had really no executive head or judiciary, and was directed by a legislative body whose limits were ill defined and whose powers were simply those of per- suasion; when it is remembered that there was a constantly growing public debt, with an increasing uncertainty of its pay- ment, and no treasury; when it is realized that the govern- ment had no power to enforce observance by the states of its treaties with foreign powers, or of its demands for funds to meet obligations, our wonder grows that independence was ever accomplished, and we can but attribute it to a power beyond that of humanity. Washington wrote: "The Confederation seems to me to be but little more than a shadow without the substance, and Congress a nugatory body, their ordinances being but little attended to." In this day, when there is instant recognition in all sections and by all classes of the supremacy of the Federal authority, it is difficult to comprehend what little heed was given to that central power in that early day, and how its waning influence and its disregarded appeals made it an object of pitying ridicule. CHAPTER X. THE SIGNEES OF THE DECLARATION OF INDEPENDENCE. ^HE signers of the Declaration of Independence laid the foundations for free government, not only for their own country, but for the world. Their names and deeds be- long to all history. Their memories are and will be enshrined in the hearts of humanity. They knowingly dared more than life to proclaim principles that can never die. They well knew that if they failed they would suffer the loss of all they had, or ever v^^ould have. They faced the halter, and the infamy of condemned traitors, on the one hand; the immortal glory of liberty's patriot heroes, on the other. But they drew the inspiration of their action from a higher source than personal ambition. They were as unhindered by the promptings of personal fear as they were uninfluenced by the glare of indi- vidual glory. Never in the history of the human race did men rise to a greater height of self-immolation in a supreme sense of duty to right, to justice, to freedom, and to humanity. Never was a more devout appeal made by God-fearing men to the Almighty, to whom alone they bent the knee of adoration, for judgment upon the rectitude and sincerity of their un- selfish and perilous action. Never has that God so voiced in history Divine approval of mortal conduct. Their national achievement has been the admiration of and benediction to the world; manifold been the individual blessings to them, them- selves. Let the people of America realize from both that God rules in the affairs of men. The average life of these fifty-six men was sixty-five years. Four lived to be ninety, and upwards. Fourteen lived to be over eighty, and twenty-three to be over seventy years of age. The average life of the fourteen members of the New England 48 THE SIGNERS OF THE DECLARATION 49 delegation was seventy-five years. The large majority of them were blest in basket and in store. Nearly every one of them was called to a lofty place of honor, and filled and left that place crowned with additional renown. That blessing has come down with their descendants. The history of their coun- try tells of their useful lives of honorable service. The two signers most intimately concerned in, and to whom the rest of the Committee appointed to prepare the Declara- tion of Independence referred its drafting, — John Adams and Thomas Jefferson, — became, successively. President of the United States, and died on the same day, fifty years to a day after that Declaration was made. One, Elbridge Gerry, became the sixth Vice-President. Eleven, Samuel Adams of Massachusetts, Josiah Bartlett of New Hampshire, Button Gwinnett of Georgia, Joseph Hewes of North Carolina, Stephen Hopkins of Rhode Island, Francis Ilopkinson of New Jersey, Thomas McKean of Delaware, Thomas Nelson of Virginia, Edward Rutledge of South Caro- lina, Eoger Sherman of Connecticut, and Thomas Stone of Maryland, were of the Committee that framed the Articles of Confederation, termed the first Constitution, that united the original thirteen states under a national government, called "The United States of America." Eight, Elbridge Gerry of Massachusetts, Roger Sherman of Connecticut, George Read of Delaware, George Wythe of Virginia, George Clymer, Benjamin Franklin, Robert Morris and James Wilson of Pennsylvania, were among the framers of our present Constitution. Many of the others, by contributions to the press, in public address, and private discussion, developed public opinion in favor of our Constitution, paved the way for the Convention that framed it, as well as for the provisions it contains, and did heroic service in their respective states to secure its adop- tion when it was submitted therefor to the states. All may be said to have been among the founders of the Constitution that created a permanent National Government. 50 THE CONSTITUTION AND ITS FKAMEES A Constitution that grew by gradation, or successive steps, from Articles of Association to Articles of Confederation and finally to the crowning glory of the Constitution. Nor can the Declaration of Independence be left out of consideration as one of these vital steps. For, thereby, as Judge Drayton, of South Carolina, said from the bench, ''A decree is now gone forth not to be recalled, and thus has suddenly arisen in the world a new empire, styled the United States of America," and no such nation ever did or will exist without an established chart to hold and keep and guide. Without a precedent to teach, this chart, of necessity, had to be de- veloped by and formed from experience and exploration to lead to the haven destined by that Declaration. The following brief biographical sketches contain but little Inore than mere mention of the chief events in the careers of the fifty-six men who braved the fury of the most powerful nation on the earth to plant the standard of civil and religious liberty for all mankind. In their compilation liberal use has been made of Sanderson's great work, and additional data gathered from the records of the several states. The sketches are given in the order of the signatures to the Declaration, beginning with John Hancock, who was a delegate from Massachusetts, President of the Congress, and the first man whose signature was afiixed thereto. John Hancock. The delegates for Massachusetts who signed the Declara- tion of Independence were among the most eminent and efficient of Revolutionary patriots. Their lives epitomize, not only the origin, the progress and the end of the Revolution, but the foundation of our government. The first signer of that immortal document was the illustrious son of Massachu- setts, the President of the Congress,— JOHN HANCOCK. His life illustrates the good fortune that has so often fol- lowed the sons of ministers of the gospel, and points the moral, "If you would make a good man begin with his grandparents." =r Hi] Z Q3 o O -■ D- J "■ o » M M E. 3 m < ?-. ^ a' re 5 f;;* w ■■ _ > 2- H =r ?3 o ^ ™ > ? I oH » -O O 3 S^^O E. ™ 2^ T] 3 J! 3 >s 3 D 3 Q M ?» ^^ 3 =?' C W ■ 3 B Z 3 W THE SIGNERS OF THE DECLARATION 51 His grandfather was a clergyman. His father followed the same sacred calling. Both were noted for their devotion to public culture based upon moral training, as well as the piety and purity of their lives. His uncle, to whom he owed the direction of his lifework, by his own "yankee" shrewdness and indomitable energy rose to the rank of New England's foremost merchant. Nor was he solely a Napoleon of finance. He took an active part in the governmental life of the province, and efficiently filled many official stations. In educational advancement he was equally active, and founded a professorship in Harvard Col- lege, in one of whose buildings in golden letters his honored name attests the lasting gratitude of that great institution. At Quincy, Massachusetts, John Hancock was born, Janu- ary 12, 1737. His father died during his childhood. This wealthy uncle became his foster-father, directed his education, and made him his heir. He graduated at Harvard in 1754, and as a clerk entered his uncle's store to learn the details of the business from the ottom up. In 1760 he visited England, and witnessed the funeral of eorge II., and the coronation of George III. Keturning to Boston, upon the death of his uncle he, at le age of twenty-seven, succeeded to the ownership of a busi- 3SS and fortune, said to have been the largest of any indi- vidual in Massachusetts, which his own good management greatly increased. With hereditary bent he took an active part in public affairs, and began his long official career as a selectman of Boston, which position he filled for many years. In 1766, with James Otis, Samuel Adams and Thomas Gushing, he was elected to the IMassachusetts general assembly. His service with distinction on many committees in that assembly, of some of which he was chairman, is not only proof of his painstaking industry, but of the fact that ability of the 52 THE CONSTITUTION AND ITS FEAMEES best, rather than adventitious fortune, made for him the high place he held among his cotemporaries. Massachusetts has ever worshipped at the shrine of intel- lect, of culture and character. No golden calf is known in the history of her public adoration. Hancock was a man of trained culture, of superior ora- torical ability, of rare good judgment, best of all, of good common sense. Such qualities, not his fortune, put him in the forefront of his state's and country's history. His great commercial business made the burdens imposed by the British government in duties upon importations a personal affliction, and he was among the first to join in organ- izing the associations that spread all over the colonies to re- taliate by prohibiting the importation of English goods. About his personalty centred two crucial events that pre- cipitated the revolution. One of his loaded vessels was seized, as claimed by him and his compatriots, in violation of the revenue laws, and placed under the guns of a British vessel. The people rose to resist what they felt to be an outrage, and they themselves went beyond the law when they beat the collector's officers, burned his boat, and wrecked the houses of the collector and many of his associates. While the colonial authorities justly condemned these riotous proceedings, they directed universal attention to Han- cock, and raised him in colonial esteem, but made him the object of British official wrath. On account of this incident, the governor had several regi- ments of British troops brought to Boston on the plausible, if not justifiable plea of maintaining order. This additionally irritated an already inflamed public feeling. On March 5, 1770, a party of these soldiers on parade in King street were assailed by and fired upon an assembly of citizens, killing some and wounding others. This became known as the ''Boston Massacre." THE SIGNERS OF THE DECLARATION 53 Hancock was chairman of the committee that at first re- spectfully petitioned, at last peremptorily demanded of the governor the removal of these troops. This increased both the esteem held for him by his people, and the hostility to him by the British. The second was the British expedition to capture Hancock and Samuel Adams which resulted in the battle of Lexington and the actual inauguration of the revolution. The governor's proclamation after this battle, declaring the colony to be in rebellion, and offering amnesty to all who should return to British allegiance, save Hancock and Samuel Adams, made them popular idols. Men are often loved for the enemies they make. "With the rank of Colonel, he had been in command of the company that was the honorary guard of the governor, and when General Gage removed him, the entire company dis- banded. In 1774 he was unanimously elected president of the pro- vincial congress of Massachusetts, and in 1775 president of the Continental Congress, which position he was continued in until his retirement from that body in 1777 on account of ill health. His previous experience in public station peculiarly fitted him for the duties of these exalted offices, and he filled them to the praiseful satisfaction of the congresses over which he presided. It is said that when he affixed his bold and conspicuous signature to the Declaration of Independence he exclaimed, "There, George III. can read that without the aid of his spec- tacles." Others might have been pardoned had the revolution failed, but in that event that act meant confiscation of his vast estate and certain death for him. The Declaration, though signed by all the members of the Congress, was first published over the signature of Hancock, 54 THE CONSTITUTION AND ITS FEAMEES alone. This gave him additional prominence before the people of his day, friendly as well as hostile. Soon after his retirement from the Continental Congress he was chosen a member of the convention to frame a constitu- tion for the state of Massachusetts, in which he was con- spicuous for his efforts to place limitations upon the executive authority. His dread of power over the people somewhat ex- plains his reluctant attitude toward the ratification by his State of the Federal Constitution. In 1780 he was elected the first governor of Massachusetts, under its new constitution, and annually reelected until 1785, when he resigned. After two years' intermission he was re- elected, and remained governor until the close of his illustrious life. He was a fearless fighter, full of the courage of honest con- victions, and independent in all of his public acts. This filled his career with antagonisms. Like every positive character, he trod on some one's toes and criticisms were frequent. The discordant, anarchistic elements in Massachusetts, after the revolutionary war, helped by the spirit that war always engenders, wrought serious trouble, and sought to set at defiance all authority, if not to subvert the government. Fourteen of the leaders were sentenced to death for treason, but were pardoned by governor Hancock. This act of humanity brought down on him an avalanche of denunciation, but history applauds his clemency. He was radical in his State sovereignty views, from dread experience feared the tyranny of centralized power, and long hesitated to support the ratification of the Federal Constitu- tion by Massachusetts. Summoned, as governor, in a suit in the United States Court against the State of Massachusetts, he resisted the proc- ess of the Court, and this provoked one of the amendments to the Constitution of the United States. He married Miss Quincy, a member of one of Boston's most famous families. THE SIGNEES OF THE DECLAEATION 55 They left no children, their only son dying in infancy. On October 8, 1793, in his fifty-fifth year, this sterling patriot was suddenly stricken down, and closed a career so full of crowded events, so replete with signal service to his fellows, his country, aye, to the world. He was above middle size, well proportioned, of somewhat haughty and austere demeanor, but benignant expression of countenance. His life habits and personal environment tended to alienate him from his plain, poor and republican countrymen. Says Sanderson, "His equipage was magnificent. His apparel sump- tuously embroidered with gold, silver and lace, and decked by such other ornaments as were fashionable among men of for- tune of that day. He rode, especially upon public occasions, with six beautiful bays, and with servants in livery. He was graceful and prepossessing in manners, and very passionately addicted to what are called the elegant pleasures of life, to dancing, music concerts, routs, assemblies, card parties, rich wines, social dinners and festivities." These brought about an estrangement between him and that compatriot with whom his name will always be linked by the British government 's common outlawry, poverty-ridden, giant, brained and rugged Samuel Adams. These two men, so kindred in common purpose, pure patriotism and love of liberty, were the very antitheses in life habits. British venom, making of him a special target, helped to turn the sentiment against him on account of his undoubted aristocratic tastes, and made of him a hero with the colonists and the generations that follow them. He was intensely ambitious, and bitterly disappointed at not being chosen Commander in Chief when Washington was selected. Though a proud man, he was an unselfish patriot. When, in 1775, it was proposed to bombard Boston, though it would have resulted in greater personal loss to him than to any other owner of property in it, he begged that no regard be paid to the consequences personal to him. And it is due 56 THE CONSTITUTION AND ITS FEAMEES to say that perhaps no man of his day gave so liberally of his private fortune to aid his distressed countrymen and im- poverished country. In the stirring events that preceded the revolution he was one of the most active and influential of the Sons of Liberty. In his state's and country's Councils able, industrious and of tireless energy. As long as the Declaration of Independence is cherished, his memory will be revered and Americans pay the homage of their heartfelt honor to the first bold name it bears, — JOHN HANCOCK. For New Hampshire. Josiah Bartlett. The Bartlett family trace their lineage back to the Norman conquest of England. The founder of the American Branch came to Massachu- setts in the seventeenth century. Josiah Bartlett was born at Amesbury, Massachusetts, November 21, 1729, was educated in the common schools, studied medicine, and became eminent as a physician. He made a number of important discoveries in the use of Peruvian bark in various diseases, and from his own rash ex- periment in allaying his thirst with cider while suffering from a raging fever, he went out of the beaten track in medicine to the enlargement of his profession's beneficial activity. His sound judgment, and conspicuous ability led to his appointment as a magistrate, and to the command of a regi- ment of militia, in both of which positions duty well done led to higher things. In 1765 he was elected representative for Kingston in the New Hampshire provincial legislature, where he led the minority in opposition to the abuses of the royal governor, The governor, taking discretion to be the better part of valor, to placate or bribe him, appointed him a justice of the THE SIGNERS OF THE DECLARATION 57 peace, but Bartlett was of another build, and subsequently had the honor of being dismissed from his positions as justice and commander of the militia by the governor who failed to purchase his loyalty with official position. In 1775 he was put on the Committee of Safety, and was now with the majority in the Legislature. That year the gov- ernor retired to Boston, and after ninety-five years British rule ended in New Hampshire. The same year he was placed in command of a regiment by the provincial congress, and elected to the Continental Con- gress. He was reelected, and made one of the Committee to prepare the Articles of Confederation. On the vote for the Declaration of Independence, his was the first name called and vote cast, and his the first signature after that of John Hancock, the president of that Congress. What prouder place, or nobler record could an American prize ! He did not return to the congress until 1778, in the mean- time being busily engaged in providing troops and supplies for the gallant General Stark at Bennington, and discharging his duties as Naval agent, to which position the congress had assigned him. On his return to Philadelphia he found that while the British had occupied it they had introduced, as a temptation, considerable of fashion. The tory families gorgeously arrayed the female members, while the men, as usual, not a whit be- hind, discarded their round for three-cornered hats. What part Bartlett had in it history does not tell, but the patriots, firm believers in the simple life and republican plain- ness, dressed a negro woman in the full costume of a royal lady, and seated her where the fashionables were wont to display their finery, and then carried her through the city, to the ridicule and mortification of the apers of English aristoc- racy. In 1779 he was appointed Chief Justice of the Court of 58 THE CONSTITUTION AND ITS FEAMEES Common Pleas; in 1782 a justice of the Superior Court, and in 1788 its Chief Justice. He was a zealous advocate in the New Hampshire conven- tion for the ratification of the Constitution of the United States, and was elected to the United States Senate on the formation of the Union, but declined the office. In 1790 he was elected president of New Hampshire, and in 1793 the first governor of the state, which position he re- signed in 1794. The next year, May 19, 1795, at Kingston, New Hampshire, he closed his busy life of high and useful honor. His wife was a Miss Bartlett, of Kingston, one of the revo- lutionary mothers noted for her devotion to God and her country, a fit companion for her illustrious husband. Their sons have been distinguished in New Hampshire, history. In his funeral sermon. Dr. Thayer thus summed up his virtues : "He was a man of stern patriotism and inflexible repub- licanism. His mind was quick and penetrating, his memory tenacious, his judgment sound. His natural temper was open, humane and compassionate. In all his dealings he was scrupu- lously just, and faithful in all his engagements. These brilliant talents, combined with distinguished probity, recommended him early in life to the esteem and confidence of his fellow- eitizens. But few persons, by their own merits, and without the influence of family or party connections, have, like him, risen from one degree of confidence to another and fewer still have been the instances, in which a succession of honorable and important offices have been held by any man with less envy, or executed with more general approbation." William Whipple. William Whipple was born in Kittery, Maine, January 14, 1730. His father was a seafaring man, and he followed in the same calling. He was educated in the public schools of the THE SIGNEES OF THE DECLARATION 59 town, where in addition to elementary studies he was taught navigation, and at an early age shipped before the mast on a merchant vessel. Before reaching majority he became cap- tain and made a number of voyages to foreign parts. His early life was an utter contradiction to the sentiment of the Declaration of Independence which he signed, and to the cause in which he consecrated his best efforts and staked his own life. He was a slave trader, and amassed a fortune in importing slaves from Africa to this country. The influence of environrnent is all powerful. Pursuits authorized by law, if largely engaged in, dull the edge if not make dormant the conscience. In 1759 he abandoned the sea and went into business in Portsmouth with his brother. The family had been prominent in the mercantile life of the colony, and he maintained its high reputation for business sagacity. Early in the contest between the colonies and Great Britain he took an active part in behalf of his native people, and en- joying their highest confidence was frequently elected to public office. In January, 1775, he was elected a representative of the town of Portsmouth to the Provincial Congress, by which he was placed upon the committee of safety, and was also placed upon the similar committee for his home town. In the latter part of 1775 New Hampshire established a government for itself consisting of a house of representatives and a council of twelve, the president of which was practically the president of the state. He was chosen as one of the council in January, 1776, and the same month elected a delegate to the Continental Congress, in which he was continued a member until 1779. During the several sessions of congress that he was a mem- ber he displayed much ability in committee work, and his practical experience as a sailor made him a useful member of the committees of marine and of commerce, as well as one 60 THE CONSTITUTION AND ITS FEAMEES of the superintendents of the commissary and quarter master departments. As the business men of the period universally did, he strenuously opposed the use of paper money, contending that it not only debased the currency, but public morals. So great- ly had the vast volume of paper money depreciated the cur- rency that he stated in congress that it cost him one hundred dollars to put a cord of wood in his yard. In 1777, while yet a congressman, he was called into the military service as commander of one of the two brigades raised by New Hampshire, the other being commanded by the celebrated General John Stark, and sent against General Burgoyne on the western frontier. At Bennington they met and defeated Burgoyne, much to his surprise and the encour- agement of the Americans. The inspiring effect of the successful valor of the provincial militia increased volunteers from all parts of New Hampshire, and in the desperate battles of Stillwater and Saratoga, the "New Hampshire boys" became a distinguished part of the American army. "When Burgoyne surrendered. General Whipple with Colonel Wilkinson, represented General Gates in meeting two officers representing General Burgoyne to prepare the Articles for surrender. General Whipple was selected as one of the officers under whose command the captured British troops were put under guard near Boston. On his way to this campaign General Whipple was at- tended by a valuable negro servant named Prince, whom he had imported from Africa many years before. He told this servant that when they engaged in the battle he expected him to fight bravely for his country, when Prince replied, "Sir, I have no inducement to fight; but if I had my liberty, I would defend it to the last drop of my blood." General Whipple at once gave him his freedom and Prince did as gallant service as any American soldier in these bloody battles. Upon his retirement from Congress in 1780, he was elected THE SIGNERS OF THE DECLARATION Ql a member of the legislature of New Hampshire, to which office he was repeatedly reelected. In 1782 he was made superintendent of finance and receiver for the state of New Hampshire by the Congress. This posi- tion required men of tried integrity and unquestioned patriot- ism. It was a most disagreeable place, as the collection of money for public necessities from an impoverished people was difficult and unpopular. In 1782 he was made one of the commissioners to settle the dispute between the states of Connecticut and Pennsylvania concerning lands in the Wyoming Valley in connection with Welcome Arnold, David Brearley, William Churchill Houston, and Cyrus Griffin. General Whipple was chosen president of this high tribunal and performed his duties with great ability, impartiality and moderation. The commissioners unanimously decided that the state of Connecticut had no right to the lands in controversy. At this time severe physical affliction forced him to decline further military command. In June, 1782, he was appointed a Judge of the Superior Court. It was the custom at that time to select members of that Court from those who were distinguished for sound judg- ment and integrity, but were not lawyers, as well as lawyers. This position he held, traveling the circuits with the Court for two or three years. In December, 1784, he was appointed a Justice of the Peace and Quorum throughout the state, under the new constitution, in which position he served until his death, November 28, 1785. He had been a grievous sufferer from heart disease and directed that his body be examined for the benefit of medical science, which was done, and it was found that ossification of the heart had taken place and caused his death, so that he not only devoted his life but gave his body thereafter to the service of his fellows. This should atone for his being a slave trader. From cabin boy, by force of his own industry, integrity and 62 THE CONSTITUTION AND ITS FEAMEES ability he rose to be a congressman, a commander and a judge. He distinguished himself in all of these positions and was as noted for his modesty as he was for his coolness and intrepid courage; for his fairness, his justice, his impartiality and for the manly virtues which make his memory cherished as one of the heroes whose labors in our highest halls of legislature and in most honorable places on the field of battle made him one of the founders of our free republic. Matthew Thornton. Matthew Thornton was another reason for America's grate- ful honor of Ireland, where he was born in 1714. His father, James Thornton, in 1717 came to Maine, re- moving a few years thereafter to "Worcester, Massachusetts, where he educated his son. Having completed his medical studies, Matthew located in Londonderry, New Hampshire, a town settled by natives of his ancestral island, where he soon acquired a large and lucra- tive practice. In the expedition against Cape Breton in 1745, he served as a surgeon in the New Hampshire division of the army, con- sisting of five hundred men, and his skillful service is shown by the fact that of that number but six were lost by disease, despite the hardships and exposure to which they were sub- jected. In 1775 he held the rank of Colonel in the provincial militia, and was also a justice of the peace. When the new colonial government that year supplanted British rule the first pro- vincial assembly elected him president, and as .such, on June 2, he signed the famous address of the provincial congress to the people of the colony that allied it with the immortal thir- teen. In January, 1776, he was elected speaker of the assembly under the new state government, organized pursuant to the advice of the Continental Congress, and in September was elected to represent New Hampshire in that Congress, thereby THE SIGNERS OF THE DECLARATION 63 gaining the glorious privilege of affixing the last signature to the document he and his state indorsed, though he did not have the opportunity to vote in its favor. He continued a member of the Congress until January, 1778, when he returned to resume his judicial duties in his state, having been, previous to his election to congress, ap- pointed Chief Justice of the Court of Common Pleas and a Judge of the Superior Court. Removing to Exeter in 1779, for several years he was one of the selectmen of the town; served as a member of the gen- eral court ; was a senator in the state legislature ; in 1784 was appointed a justice of the peace and quorum throughout the state under the new constitution ; and in 1785 was made a member of the council under the presidency of the distin- guished John Langdon. His wit and humor made his company eagerly sought. As a "story teller" of apt illustration he was the Lincoln of his day in New Hampshire, and famous beyond even its borders for his illustration by fable, while the keenness of his satire made him one not to be attacked with impunity. He was a constant reader from youth to age ; therefore a source of instructive information to his wide circle of ac- quaintances. While close in money matters, he was ever ready to con- tribute to his country's cause, and was one of those in whom Washington reposed fullest confidence. He was a man of powerful frame, over six feet in height, and symmetrically proportioned, dark complexion, black hair and eyes, and while noted for his hilarious humor in speech and writing, was known as the man who read much and never smiled. He died in his eighty-ninth year, June 24, 1803, at Newbury- port. New Hampshire, and on the marble which covers his patriotic dust, to his name and age one line is added, "An Honest Man." 64 THE CONSTITUTION AND ITS FEAMEES For Massachusetts. Samuel Adams. The biography of Samuel Adams would be the history of the causes and course of the American Revolution. Denounced by the British authorities of his day as the "Arch Manager" and "Chief Incendiary," he was christened by his fellows with the glorious title he will bear for all time, "Father of the American Revolution." His family, traceable for six centuries to Welsh origin, was one of the oldest of Massachusetts, and has been one of the most, if not the most, famous in American annals. He was born in Boston, September 22, 1722, and graduated at Harvard in 1740. The passion of his college life was the history of the Republics of Greece and Rome. In 1743 his master's oration was affirming the proposition, "Whether it be lawful to resist the Supreme Magistrate, if the Commonwealth cannot be otherwise preserved." There in the presence of the British authority, represented by the Governor and Council, was first asserted the right to resist oppression by this apostle of American liberty, who be- came the chief star in the galaxy of our great republic a third of a century later. Thirty-three years before the Declaration of Independence, twenty-two before the Stamp Act, when Washington, John Adams, John Hancock, Richard Henry Lee and Patrick Henry were boys, before Jefferson, Gerry and Quincy were born, he sounded the keynote of his life that in his maturity swelled to a trumpet blast to all America, brought on him Great Britain's decree of an outlaw, and crowned him with his country's wreath of eternal honor. The actual thought of his theme was the preservation of the rights of the colonies by resisting, by force if need be, the growing infringement of colonial rights by the British au- thorities. From that day he became the most fearless, per- THE SIGNEES OF THE DECLARATION 65 sistent and ultimately the most famous advocate of those rights, not only in New England, but all America. It was about the same time that his first publication, en- titled "Englishmen's Rights," appeared, in which he asserted that the same rights belonged to the subjects of the King, whether they lived in the ancient realm or in one of its col- onies. There was somewhat of heredity in his intense interest in political affairs. His father before him had always taken an active part in the politics of Boston and the colony, and was a member of the provincial legislature. It is said in 1724, or earlier, he with some twenty others, principally ship building mechanics, organized a club, where public matters were dis- cussed and men selected as nominees for office. They met in the ship-calkers' shed. As time wore on this club became the chief educator of sentiment in favor of popular rights. The Tories derisively designated it the "Calkers' Club," and the meetings, "Calkers' Meetings." From "calkers" to "caucus" these meetings came to be called, and thus originated the word, caucus, since in universal use. He inherited his father's business, that of a brewer, but had no aptitude whatever for business, and made a failure of it. His whole mind, heart and soul were wrapped up in the cause of the colonists, and he became one of, if not the most influential of the writers of his day in their behalf. He was a man of purest morality, of sincere piety, who feared naught but his God, and with fearless vigor devoted his life to its dominant idea — civil and religious liberty. Wealth had no temptation for him. In contented poverty he fought the great battle for his country. In fact, only by the industry and economy of his wives was his family enabled to maintain the most frugal existence. His first wife, Elizabeth Checkley, daughter of the pastor of the New South Church, Boston, he married in 1749. His 66 THE CONSTITUTION AND ITS FRAMEES ti'lbu+e to her virtues, Christian graces and economy is recorded by him in the family Bible, upon her death in 1757. His second wife, Elizabeth Wells, daughter of a merchant, whom he married in 1764, survived him some five years. She was in full sympathy with his life-ambition and life-work, and with uncomplaining fidelity cheerfully bore the hard lot of the impoverished revolutionary wife and mother, while he gave the fruits of his talents to his fellow countrymen. He had neither profession, trade nor fortune. His income was solely from his public offices, first as tax collector, there- after as member and clerk of the legislature, which positions he held for many years, in congress, and as Lieutenant Gov- ernor and Governor in his old age. He may have realized something from his contributions to the press, but it could have been but a mere pittance. Fifteen years, or more, before the revolution he became, as it were, a missionary in forming friendships with the bright- est of the prominent young men of his colony and imbuing them with his own high sense of their rights as English sub- jects, if not citizens. At the same time he was moulding the sentiment of the hardy seafaring men, the mechanics and laboring men, whom he always met in friendly sympathy and with whom his influence was greater than that of any other public character of the period. In 1764 it was learned that Parliament proposed to raise a revenue for the crown by taxing the colonies. This aroused intense feeling in all of them. Instead of the referendum, now so much discussed, it was the custom then for the people, by committees, in advance to give written instructions to their representatives. Those instructions for that year were drafted by him, adopted by the town meeting, and published in the Boston "Gazette." This, the first publication by authority of the people to deny the right of Parliament to tax the colo- nists without their consent, and to call for the united action of all the colonies was in part as follows : "These proceedings may be preparatory to "■" w taxes: for, THE SIGNEES OF THE DECLARATION G7 if our trade may be taxed, why not our lands? Why not the produce of our lands and everything we possess or use ? This, we conceive, annihilates our charter-rights to govern and tax ourselves. It strikes at our British privileges, which, as we have never forfeited, we hold in common with our fellow subjects, who are natives of Britain. If taxes are laid upon us, in any shape, without our having a legal representation where they are laid, we are reduced from the character of free subjects to the state of tributary slaves. We, therefore, earn- estly recommend it to you to use your utmost endeavors to obtain, from the general court, all necessary advice and in- struction, to our agent, at this most critical juncture. We also desire you to use your endeavors that the other colonies, having the same interests and rights with us, may add their weight to that of this province; that by united application of all who are aggrieved, all may obtain redress." The very same contention that he made against the illegal taxation of the colonists was made by Lord Chatham, when, in 1763, he denounced the illegal taxation of British subjects on British soil and gave utterance to this, one of the most eloquent passages in English forensic history — ''The poorest man in his cottage may bid defiance to the forces of the crown. It may be frail ; its roof may leak ; the wind may blow through it; the storm may enter it; but the King of England cannot enter it! All his power dares not cross the threshold of that ruined tenement ! " It was due to his efforts that the Stamp Act Congress was assembled, the Massachusetts Committee of Correspondence organized, and the non-importation agreements entered into. From 1765 to 1774 he was a member of the Massachusetts As- sembly, several times elected president of its senate and clerk of its house. During all these years every important measure was in part his production. Learning of his influence and pov- erty, and feeling the effects of his activity, it was suggested by someone in British authority that he be quieted by office or gg THE CONSTITUTION AND ITS FEAMERS employment — in short, a bribe. To this suggestion Governor Hutchinson wrote : "Such is the obstinacy and inflexible disposition of the man, that he never can be conciliated by any office or gift what- ever." Where temptation could not seduce, coercion was at- tempted, and his salary as clerk of the house of representatives, his principal means of support was cut off. This but added fuel to the fire of his zeal and increased the public regard for him. On the occurrence of the ''Boston Massacre," the people assembled and were addressed by him. A committee was ap- pointed to request Lieutenant Governor Hutchinson to order the removal of the British troops from the town. The request was denied. Adams was made chairman of a second com- mittee. To Hutchinson's temporizing evasiveness and promise to remove one of the regiments Adams rose with commanding firmness and said : "If he had the power to remove one regiment, he had the power to remove both, and nothing short of this would satisfy the people ; and it was at his peril, if the vote of the town was not immediately complied with, and if it were longer delayed, he alone must be answerable for the fatal consequences that would ensue." Hutchinson, knowing the lion-like courage of the man who, with flaming countenance and flashing eyes faced him, cowered before him and promised their prompt removal. Governor Gage decided to try if he could not terrorize or buy him into submission, and for that purpose sent Colonel Fenton to confer with him. History gives this account of the conference. Colonel Fen- ton stated : "That it was the advice of Governor Gage to him not to incur the further displeasure of his majesty; that his conduct had been such as made him liable to the penalties of an act of Henry VIII. by which persons could be sent to England for THE SIGNEES OF THE DECLARATION 69 trial of treason, or misprision of treason, at the discretion of a governor of a province; but by changing his political course he would not only receive great personal advantages but would thereby make his peace with the king. Mr. Adams listened with apparent interest to this recital. He asked Colonel Fenton if he would truly deliver his reply as it should be given. After some hesitation he assented. Mr. Adams required his word of honor, which he pledged. Then rising from his chair, and as- suming a determined manner, he replied, 'I trust I have long since made my peace with the King of Kings. No personal consideration shall induce me to abandon the righteous cause of my country. Tell Governor Gage it is the advice of Samuel Adams to him no longer to insult the feelings of an exas- perated people." On this account Governor Gage issued his famous procla- mation offering pardon to all who should submit: ''Excepting only from the benefit of such pardon, Samuel Adams and John Hancock, whose offenses are of too flagitious a nature to admit of any other consideration but that of con- dign punishment." "When it was decided to call the Continental Congress in 1774, he was a member of the assembly, and knew full well the need of boldness and secrecy to succeed in sending to it delegates from Massachusetts. For this purpose a canvas was made of a sufficient number of patriots to pass the resolutions to authorize these delegates to attend and act for Massa- chusetts. When the time for action came the doorkeeper was ordered to suffer no one to enter or leave the hall, and for better security Adams locked the door and put the key in his pocket. The resolutions were passed, Samuel Adams, Thomas Cushing, Robert Treat Paine, John Adams and James Bowdoin elected delegates, the expense estimated and funds for payment thereof voted. The loyalist members were dumbfounded. Feigning sick- ness, one of them was allowed to leave, hurried to the Gov- ernor and informed him of the audacity of what was being 70 THE CONSTITUTION AND ITS FRAMERS done. Governor Gage at once sent his Secretary to dissolve the Assembly, but that worthy was unable to enter the As- sembly room, and read the Governor's order from the steps. Their work accomplished, the Assembly obeyed the Governor's mandate and dissolved. For the next seven years Adams was continued a member of that Congress. To give his part in it would be to write its history. Of all its members, he was one whose confidence in ultimate victory never waned, whose zeal never flagged. History tells how difficult it was to secure the vote for independence. State instructions against it barred the action of some who were as thoroughly convinced as he that inde- pendence was the only path to civil and religious liberty; the only escape from subjection that equaled abject slavery. The cautious prudence of others held their action in check, though their convictions were the same. The timidity of a few added to their hesitation. The natural love of some for their an- cestral land restrained them. To pass the resolution and fail to sustain it meant death as a traitor to every man who voted for it. All these influences combined to delay, if not prevent a favorable vote. At this supreme hour of American history he rose to the supreme height of his life. With tireless energy and cease- less activity in public address of fervid eloquence and impas- sioned personal appeal all his tremendous powers of head and heart were exerted on the wavering, the weak and the doubt- ful to consummate the achievement his life was devoted to with the faith of a martyr and the zeal of utmost conscientious conviction. It is safe to say that but for the herculean efforts of this one man the resolution to declare our independence would never have been carried when it was, if it ever would have been. Thoroughly convinced that, while he who doubted might not be a dastard, he who doubted and delayed was damned and the cause of freedom with him, he crowded every hour with THE SIGNEES OF THE DECLARATION 71 argument and appeal until the crisis of his and his country's life was crowned with success. His outburst in support of the Declaration of Independence, "If nine hundred and ninety-nine out of every thousand perish, let us persist in the struggle," was no mere passionate utter- ance but his sincere sentiment. Said John Adams, his distant relative, "If the American Revolution was a blessing and not a curse, the name and char- acter of Samuel Adams ought to be preserved. It will bear a strict and critical examination even by the inveterate malice of his enemies." Josiah Quincy said that many in England considered him the first politician in the world. Said George Bancroft: "He was a masterly statesman, and the ablest political writer in New England. No blandish- ments of flattery could lull his vigilance, no sophistry deceive his penetration. Difficulties could not discourage his decision, nor danger appall his fortitude. He never, from jealousy, checked the advancement of others; and in accomplishing great deeds he took to himself no praise. Seeking fame as little as fortune, and office less than either, he aimed steadily at the good of his country and the best interests of mankind. For himself and for others he held that all sorrows and all losses were to be encountered, rather than that liberty should perish." In a work upon the "American Rebellion," published by Mr. Galloway in London in 1780, it is said of Samuel Adams : "He eats little, drinks little, sleeps little, thinks much, and is most indefatigable in the pursuit of his object. It was this man who, by his superior application, managed at once the factions in congress at Philadelphia and the factions of New England. ' ' He has always been understood to have been the leader, if not organizer, of the celebrated "Boston Tea Party," who, dressed as Indians, emptied the cargoes of tea into the harbor of Boston. (The last survivor of this "Tea Party," Father 72 THE CONSTITUTION AND ITS TEAMEES Kennison, died in Chicago, Illinois, at the remarkable age of nearly one hundred and sixteen years, and near his grave in Lincoln Park the Sons of the American Revolution and the Daughters of the American Revolution joined in erecting a monument in 1903.) The year 1777 was one of the gloomiest of the war. The congress had dwindled to twenty-eight members in attendance when safety forced it to adjourn from Philadelphia to Lan- caster. At a meeting of several of its leaders the conversation showed how hopeless and despondent they were. Adams was the only cheerful one of all, and in answer to their forebodings said: ''Gentlemen, your spirits appear to be heavily oppressed with our public calamities. I hope you do not despair of our final success?" It was answered, ''That the chance was des- perate." Mr. Adams replied, "If this be our language, it is so, indeed. If we wear long faces they will become fashionable. The people take their tone from ours, and if we despair, can it be expected that they will continue their effort in what we conceive to be a hopeless cause? Let us banish such feelings, and show a spirit that will keep alive the confidence of the people, rather than damp their courage. Better tidings will soon arrive. Our cause is just and righteous, and we shall never be abandoned by Heaven while we show ourselves worthy of its aid and protection." His words were almost prophetic. Within a few days the news arrived of the glorious success of our cause at Saratoga, which gave brightness to our prospects and confidence to our hopes. When peace was concluded he was one of the first to plead for such dignity of action by the United States as would pre- serve and give stability and honor to what had been achieved. Said he : "The name only of independence is not worth the blood of a single citizen, A navy must support our independence. THE SIGNERS OF THE DECLARATION 73 This must hereafter be maintained, under God, by the wisdom and vigor of their own councils and their own strength. Their policy will lead them, if they mean to form any connexion with Europe, to make themselves respectable in the eyes of the nations, by holding up to them the benefits of their trade. Trade must be so free to all as to make it the interest of each to protect it till they are able to protect it themselves. This the United States must do by a navy. Till they shall have erected a powerful navy they will be liable to insults which may injure and depreciate their characters as a sovereign and independent state ; and while they may be incapable of resist- ing it themselves, no friendly power may venture to, or can, resent it on their behalf. The United States must, then, build a navy. They have, or may have, all the materials in plenty. But what will ships of war avail them without seamen? And where will they find a nursery for seamen but in the fishery?" In the Massachusetts convention called to pass upon the adoption of the Constitution he long hesitated to give his favorable support because he felt it injudiciously lessened the powers of the States. Some of the amendments proposed by him were adopted in the first ten amendments thereto. With this in view he helped secure its adoption. Concerning this he wrote : ''I was particularly afraid that, unless great care should be taken to prevent it, the constitution in the administration of it would gradually but swiftly and imperceptibly run into a consolidated government, pervading and legislating through all the states, not for federal purposes only, as it professes, but in all cases whatsoever; such a government would soon totally annihilate the sovereignty of the several states so neces- sary to the support of the confederated commonwealth, and sink both in despotism. I mean, my friend, to let you know how deeply I am impressed with a sense of the importance of amendments; that the good people may clearly see the dis- tinction, for there is a distinction, between the federal powers vested in congress and the sovereign authority belonging to 74 THE CONSTITUTION AND ITS FEAMEES the several states, which is the palladium of the private and personal rights of the citizens." In his inaugural address as Governor he said : ''It is enjoined by the constitution to make a declaration upon oath, and I shall do it with cheerfulness, because the in- junction accords with my own judgment and conscience 'that the commonwealth of Massachusetts is and of right ought to be a free, sovereign, and independent state.' I shall also be called upon to make another declaration with the same sol- emnity 'to support the constitution of the United States.' I see the consistency of this, for it cannot but have been intended that these constitutions should mutually aid and support each other. It is my humble opinion that, while the commonwealth of Massachusetts maintains her own just authority, weight and dignity, she will be among the firmest pillars of the federal union. May the administration of the federal government, and those of the several states of the Union, be guided by the unerring finger of heaven ! Each of them, and all of them, united will then, if the people are wise, be as prosperous as the wisdom of human institutions and the circumstances of human society will admit." In 1797 he received fifteen of the electoral votes of Virginia for President, while her own son, Thomas Jefi^erson, received twenty. He was one of the most devoted followers of Jefferson's political policy. In 1789 he was elected Lieutenant Governor and held that office until 1794, when he succeeded Hancock as Governor of Massachusetts, and was annually reelected until his retirement from public life in 1797. He died October 2, 1803. Says an early and one of his great biographers : "In person he was of the middle size, with a countenance full of expression, and showing the remarkable firmness of his character; in manners and deportment he was sincere and un- affected; in conversation, pleasing and instructive; and in THE SIGNERS OF THE DECLARATION 75 friendship, steadfast and affectionate. As a writer he was in- defatigable when he thought his literary efforts could tend to promote his liberal and patriotic views ; and although most of his productions have suffered that oblivion, to which the best efforts of temporary politics are generally destined, tliose which remain, or which a knowledge is yet preserved, give abundant proof of the strength and fervor of his diction, the soundness of his politics, the warmth of his heart, and the piety and sin- cerity of his devotion. As an orator he was peculiarly fitted for the times and circumstances on which he had fallen. His language was pure, concise and impressive ; he was more logical than figurative; and his arguments were addressed rather to the understanding than the feelings: yet these he could often deeply interest when the importance and dignity of his subject led him to give free vent to the enthusiasm and patriotic ar- dor, with which his heart so often glowed; and if we are to judge by the fairest of all tests, the effect upon his hearers, few speakers of ancient or modern times could be named as his superior. As a statesman the great trait in the character of Mr. Adams was the unyielding firmness with which he pursued the course which his judgment had determined as the correct one. He possessed an energy of will that never faltered in the purpose of counteracting the arbitrary plans of the English cabinet, and which gradually engaged him to strive for the independence of the country. Every part of his character conduced to this determination. His private habits, which were simple, frugal and unostentatious, led him to despise the luxury and parade affected by the crown officers ; his religious tenets, which made him loathe the very name of the English Church, preserved in his mind the memory of ancient perse- cutions as vividly as if they had happened yesterday, and as anxiously as if they might be repeated tomorrow ; his detesta- tion of royalty, and privileged classes, which no man could have felt more deeply — all these circumstances stimulated him to persevere in a course which he conscientiously believed it to be his duty to pursue for the welfare of his country. The 76 THE CONSTITUTION AND ITS FEAMERS motives by which he was actuated were not a sudden ebullition of temper, nor a transient impulse of resentment, but they were deliberate, methodical and unyielding. There was no pause, no despondency; ev.ery day and every hour were em- ployed in some contribution towards the main design. ''The very faults of his character tended, in some degree, to render his services more useful by converging his exertions to one point and preventing their being weakened by in- dulgence or liberality towards different opinions. There was some tinge of bigotry and narrowness both in his religion and politics. He was a strict Calvinist ; and probably no individual of his day had so much of the feelings of the ancient Puritans as he possessed. In politics, he was so jealous of delegated power that he would not have given our constitutions inherent force enough for their own preservation. He attached an ex- clusive value to the habits and principles in which he had been educated, and wished to adjust wide concerns too closely after a particular model. ''With this somewhat austere spirit, however, there was nothing ferocious, or gloomy, or arrogant in his demeanor. His aspect was mild, dignified and gentlemanly. In his own state, or in the congress of the Union, he was always the ad- vocate of the strongest measures ; and in the darkest hour he never wavered or desponded. He engaged in the cause with all the zeal of a reformer, the confidence of an enthusiast, and the cheerfulness of a voluntary martyr. It was not by bril- liancy of talents, or profoundness of learning, that he rendered such essential service to the cause of the revolution; but by his resolute decision, his unceasing watchfulness, and his heroic perseverance. In addition to these qualities his efforts were consecrated by his entire superiority to pecuniary considera- tions; he, like most of his colleagues, proved the nobleness of their cause by the virtue of their conduct ; and Samuel Adams, after being so many years in the public service, and having filled so many eminent stations, must have been buried at the THE SIGNERS OF THE DECLARATION 77 public expense, if the afflicting death of an only son had not remedied this honorable poverty." John Ruskin wrote, "Wealth is the possession of the valu- able by the valiant. That man is the richest who, having per- fected the functions of his own life, has also the widest helpful interest." In this sense, America will never have a richer citi- zen than was Samuel Adams. To the plain, liberty-loving peo- ple of free America, aye, of the world, he will ever * ' Be the Herald of Light and the Bearer of Love Till the stock of the Puritan dies." John Adams. The tombstone of Henry Adams in the Quincy graveyard reads he "took his flight from the dragon Persecution in Devonshire, and alighted with eight sons near Mount WoUas- ton." From him, and also John Alden, whose winning Priscilla, the Puritan maiden Longfellow has given lasting memory, was descended John Adams, born at Braintree, Massachusetts, Oc- tober 30, 1735. After graduating at Harvard in 1751, where he established a reputation for "honesty, openness and decision of character," as well as diligent application, he taught school while prepar- ing for the bar. It is related that Jeremy Gridley, Attorney- General of the province, with an air of great secrecy, took him to a private room, pointed to a well-filled ease of books and said, "There is the secret of my eminence, of which you may avail yourself if you please." He took the hint, became one of the best read lawyers of the day, and achieved distinction as advocate, jurist and author before the Revolution. The study of government and public affairs was in the very air of his times. As early as 1755 he wrote this prophetic letter : "Soon after the reformation a few people came over into this new world for conscience sake. Perhaps this apparently 78 THE CONSTITUTION AND ITS FEAMERS trivial incident may transfer the great seat of empire into America. It looks likely to me if we can remove the turbulent Gallicks; our people, according to the exactest computations will in another century become more numerous than England herself. Should this be the case, since we have, I may say, all the naval stores of the nation in our hands, it will be easy to obtain the mastery of the seas ; and then the united force of all Europe will not be able to subdue us. The only way to keep us from setting up ourselves is to disunite us." Shortly after his admission to the bar he heard James Otis make his masterly argument against the justice and legality of the "writs of assistance." No event of his life exerted more lasting influence upon him. Years after he said, ''Mr. Otis' oration against writs of assistance breathed into this nation the breath of life. American independence was then and there born. Every man of an immense audience appeared to me to go away, as I did, ready to take arms against writs of assistance. Then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain." The American Revolution was started by the arbitrary acts of the Colonial governors, and forced to consummation by the arbitrary acts of Parliament in taxing without allowing them representation or voice as to that taxation. That, in their contention, our fathers stood upon hereditary English ground, and were fighting over the very same battles their fathers had fought was never more clearly shown than by her own peerless statesman, Edmund Burke, when he said, "They are not only devoted to liberty but to liberty according to English ideas and on English principles. The great contests for free- dom in this country were from the earliest times chiefly upon the question of taxing. On this point of taxes the ablest pens and most eloquent tongues have been exercised; the greatest spirits have acted and suffered. Our House of Commons has taken infinite pains to inculcate, as a fundamental principle, that, in all monarchies, the people must in effect themselves, mediately or immediately, possess the power of granting their THE SIGNEES OF THE DECLARATION 79 own money, or no shadow of liberty could subsist. The colo- nies draw from you, as with their life-blood, these ideas and principles. Their love of liberty, as with you, fixed and at- tached on this specific point of taxing. Liberty might be safe or might be endangered in twenty other particulars without their being much pleased or alarmed. Here they felt its pulse ; and, as they found that beat, they thought themselves sick or sound," The first suggestion of a convention of the colonies for concert of action was at a Boston town meeting in 1764. But it went no further than suggestion. Each colony was singly seeking relief for itself. Just after this appeared his famous "Essay on the Canon and Feudal Law," that at once lifted him to a level with the ablest leaders of the country. These extracts show how worthy perpetual memory are its forceful truths : "We have been told that 'the word rights is an offensive expression.' That 'the king, his ministry and parliament will not endure to hear Americans talk of their rights.' That 'Britain is the mother and we the children, that a filial duty and submission is due from us to her,' and that 'we ought to doubt our own judgment and presume that she is right, even when she seems to us to shake the foundations of government. ' That 'Britain is immensely rich and great and powerful; has fleets and armies at her command, which have been the dread and terror of the universe, and that she will force her own judgment into execution, right or wrong.' But let me entreat you, sir, to pause ; do you consider yourself as a missionary of loyalty or of rebellion? Are you not representing your king, his ministry and parliament as tyrants — imperious, un- relenting tyrants — by such reasoning as this? Is not this rep- resenting your most gracious sovereign as endeavoring to de- stroy the foundations of his own throne?" "Is there not something extremely fallacious in the com- monplace images of mother country and children colonies? 80 THE CONSTITUTION AND ITS FEAMEES Are we children of Great Britain any more than the cities of London, Exeter and Bath 1 Are we not brethren and fellow- subjects with those in Britain, only under a somewhat different method of taxation? But admitting we are children, have not children a right to complain when their parents are attempt- ing to break their limbs, to administer poison, or to sell them to enemies for slaves'?" Perceiving his intellectual power, the English governer of- fered him the tempting and profitable position of Advocate General in the court of admiralty, which was promptly de- clined. When the militia of Boston were assembled upon the oc- currence of the ' 'Boston Massacre," he served in the ranks as a common soldier. Yet he successfully defended Captain Preston, of the British army, who commanded the squad of soldiers that fired upon the mob and committed what is called that Massacre. It was at this time, 1770, that he began his official public career as a member of the Massachusetts General Court. In 1773, though not a member, he prepared the reply of that body to the address of the Governor, which Benjamin Franklin thought so highly of that he had it published and circulated in England. In 1774 when it was resolved to send delegates to a "meet- ing of committees from the several colonies to consult upon the present state of the country and the miseries to which we are and must be reduced by the operation of certain acts of parlia- ment, and to deliberate and determine upon wise and proper measures, to be by them recommended to all the colonies, for the recovery and establishment of our just rights and liber- ties, civil and religious ; and the restoration of union and har- mony between Great Britain and America, which is most ardently desired by all good men," he was appointed one of the delegates. He was entreated not to accept this position ; that Great Britain was determined to enforce her rule; her power was THE SIGNERS OF THE DECLARATION 81 irresistible ; and destruction was the certain fate of all who opposed her. "Mr. Adams' reply was that he was well convinced of such a aetermination on the part of the British government, and that his course was fixed by that very belief, that he had been uniform and constant in opposition ; as to his fate the die was cast, the Rubicon was passed — and sink or swim, live or die, to survive or perish with his country was his unalterable reso- lution." He became one of the leaders of that congress, of which Lord Chatham said : "That he had studied and admired the free states of an- tiquity, the master spirits of the world; but that for solidity of reasoning, force of sagacity and wisdom of conclusion no body of men could stand in preference to this congress." It is an historic fact that when that congress adjourned a large majority of its members believed Great Britain would hear their complaints, right their wrongs, and harmony be- tween crown and colonies be restored. As was the custom then, he entered the list of writers to the public under the nom de plume of "Novanglus," and gave to the press not only among the most forceful but learned of all this class of appeals to the people. In answering Attorney General Sewall as to the right and value of resistance to tyranny he wrote ; ''The resistance to Charles the First and the case of Crom- well, no doubt, he means. But the people of England, and the cause of liberty, truth, virtue and humanity gained infinite advantages by that resistance. In all human probability lib- erty, civil and religious — not only in England but in all Europe — would have been lost. Did not the people gain by the re- sistance to James the Second? Did not the Romans gain by the resistance to Tarquin ? Throughout that resistance and the liberty that was restored by it would the great Roman orators, poets and historians, the great teachers of humanity and po- liteness, the pride of human nature, and the delight and glory 82 THE CONSTITUTION AND ITS FRAMERS of mankind for seventeen hundred years ever have existed? Did not the Eomans gain by the resistance to the Decemvirs ? Did not the English gain by resistance to John, when Magna Charta was obtained? Did not the seven United Provinces gain by resistance to Philip, Alva, and Granvell? Did not the Swiss Cantons, the Genevans and Grissons gain by resistance to Albert and Gessler?" That this should reach the point of independence he did not contend, but says : "What does he mean by independence? Does he mean independent of the croWh of Great Britain, and an independent republic in America, or a confederation of independent repub- lics ? No doubt he intended the undistinguishing should under- stand him so. If he did, nothing can be more wicked or a greater slander on the whigs, because he knows there is not a man in the province, among the whigs, nor ever was, who har- bors a wish of that sort." In this day it is hard to believe that John Adams so wrote, and that such were the sentiments of the American people in 1775. It was upon his motion, supported by a speech of remark- able eloquence, and seconded by Samuel Adams, that Wash- ington was chosen by congress as commander-in-chief of the American armies. The first actual step toward independence was the resolu- tion offered by him in May, 1776, that the colonies should form governments independent of the crown. Of his efforts favoring independence Thomas Jefferson said, ''John Adams was our Colossus on the floor; not graceful, not elegant, not always fluent in his public addresses, he yet came out with a power both of thought and of expression that moved us from our seats." At another time, speaking of the Declara- tion of Independence, "John Adams was the great pillar of its support on the floor of congress; its ablest advocate and defender against the multifarious assaults it encountered." Of the adoption of the Declaration he wrote his wife : THE SIGNERS OF THE DECLARATION 83 ''Yesterday the greatest question was decided that was ever debated in America, and greater, perhaps, never was or will be decided among men. A resolution was passed, without one dissenting colony, 'that these United States are, and of right ought to be, free and independent states.' The day is passed. The Fourth of July, 1776, will be a memorable epoch in the history of America. I am apt to believe it will be cele- brated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliver- ance by solemn acts of devotion to Almighty God. It ought to be solemnized with pomps, shows, games, sports, guns, bells, bonfires and illuminations from one end of the continent to the other from this time forward forever. You will think me transported with enthusiasm, but I am not. I am well aware of the toil, and blood, and treasure that it will cost to maintain this declaration and support and defend these states; yet, through all the gloom, I can see the rays of light and glory. I can see that the end is worth more than all the means, and that posterity will triumph, although you and I may rue, which I hope we shall not." He was not only kept in Congress, but in 1776 elected to the Council of Massachusetts and Chief Justice. The latter office he declined in order to give his time to legislative duties. Just after the defeat of the Americans at the battle of Flatbush, Lord Howe proposed negotiations with Congress for a settlement of all controversies. Adams, in the debate, op- posed it as certain to be fruitless, but congress thought other- wise, and sent him, Benjamin Franklin and Edward Rutledge to confer with Lord Howe. They were escorted to the British General between lines of twenty thousand soldiers, so drawn up as to awe them with the power of Great Britain. Lord Howe frankly told them he could not recognize them as com- missioners from congress, but as private citizens of the colo- nies, meaning, of course, British subjects. They boldly de- clined to be considered in any other light than as commis- 84 THE CONSTITUTION AND ITS FRAMEES sioners from congress, Adams saying, ''You may view me in any light you please except in that of a British subject." The conference proved fruitless, as Adams had predicted. During 1776 and 1777 he- vs^as a member of ninety different committees and chairman of twenty-five. Says a learned writer, "His duties must have been more multifarious and severe than those of any officer under any government in the world." In December, 1777, he was sent as one of our commission- ers to France. English ships patrolled the Atlantic; the risk of his capture on the voyage was imminent, and, if that oc- curred, imprisonment certain. En route the captain of the vessel sighted an English ship and asked his consent to attack it, but conditioned that he sliould stay in a place of safety below decks. In the fight the captain found him, musket in hand, with the marines, and say- ing that he was ordered to take him in safety to Europe, picked Adams up in his arms and carried him below. In 1779 he returned and served in the convention to frame a constitution for Massachusetts. In the latter part of this year he was appointed Minister Plenipotentiary to negotiate a treaty of peace with Great Britain. "He subsequently received letters of credence from con- gress as their minister plenipotentiary to their 'high mighti- ness,' and another to his serene highness the Prince of Orange, as stadtholder of the United Provinces. By this accumulation of trusts he was minister plenipotentiary for making peace; minister plenipotentiary for making a treaty of commerce with Great Britain; minister plenipotentiary to their high mighti- nesses the States General; minister plenipotentiary to his se- rene highness the Prince of Orange and stadtholder; minister plenipotentiary for pledging the faith of the United States to the armed neutrality; and, what perhaps at that critical mo- ment was of as much importance to the United States as any of those powers, he was commissioner for negotiating a loan THE SIGNERS OF THE DECLAEATION 85 of money to the amount of ten millions of dollars, upon which depended the support of our army at home and our ambassa- dors abroad." His chief mission was, of course, to secure peace and a more delicate and trying mission no man ever had. France, the ally to whom we owed so much, had to be consulted. Other nations from which loans had been secured were concerned, and they must be advised with. The proposal for peace must be induced from, not made to the British authorities. These complications demanded diplomacy and statesmanship of the first rank, and these he exhibited. His greatest difficulty was with France. Vergennes, her Prime Minister, desired to dic- tate in every movement. Adams, learning he could do better for his country if he acted alone, was endeavoring to act inde- pendently, yet at the same time not to offend France. The French Minister at Philadelphia remonstrated with congress as to Adams' conduct without previous consent of France, and that body almost completely tied his hands by instructing him to "undertake nothing in the negotiation for peace or truce without the knowledge and concurrence" of the French Ministers. At last congress gave him the aid of Benjamin Franklin, John Jay, Henry Laurens and Thomas Jefferson. Better than the congress that did not give him adequate support, he saw the selfish motives that prompted France and writhed under the instructions to the combined commis- sioners to "govern themselves by the advice and opinion' of the ministers and King of France." There was not only this burdfen, but money to continue the war was in more and more urgent demand, and that he must raise in France and Holland. At last the surrender of Cornwallis prompted the British Ministers to make definite proposals ; his associates joined with him in the policy of acting independently of France, and the provisional treaty was signed November 30, 1782; the final treaty nearly a year later, September 3, 1783. 86 THE CONSTITUTION AND ITS FEAMEKS He remained in France during the year 1784 negotiating treaties with other nations, and in 1785 was appointed our first Minister to England. On his presentation as Minister to the King the latter shrewdly said, "There is an opinion among some people that you are not the most attached of all your countrymen to the manners of France," for France was dissatisfied with the treaty, its manner of negotiation, and especially with Adams. - He answered, ''I must avow to your majesty I have no attachment but to my own country. ' ' Quickly the King replied, "An honest man will never have any other." Many eminent Europeans had written severe criticisms of the Articles of Confederation and the State Constitutions of America. He answered these in a masterly treatise of three volumes, entitled, "The Defence of the American Constitutions." This able and exhaustive work had large circulation in the old as well as the new world. In addition to his onerous diplomatic duties he gave ex- haustive study to the literary, scientific and educational insti- tutions and systems of Europe, and one of our great biog- raphers says : "There is scarcely an institution in his native state for the encouragement of arts, sciences and letters to which he did not, after his return from Europe, largely contribute." After an absence of over eight years he returned to America in 1788, and was elected first Vice-President of the United States, was reelected in 1792, serving eight years, and in 1796 our second President by three votes over Thomas Jefferson. He was bitterly attacked in his candidacy as having a pref- erence for Monarchicah institutions. On taking his seat as Vice-President, Jefferson condemned this charge against his successful rival, saying : "The chief magistracy had been justly confided to the eminent character who preceded me, whose talents and integ- THE SIGNERS OF THE DECLAEATION 87 rity have been known and revered by me through a long course of years ; have been the foundation of a cordial and uninter- rupted friendship between us; and I devoutly pray that he may be long preserved for the government, the happiness and prosperity of our country." During the campaign Jefferson said to some of his own sup- porters, who thus declaimed against Adams : ''Gentlemen, you do not know that man; there is not upon this earth a more perfectly honest man that John Adams. Con- cealment is no part of his character; of that he is utterly in- capable. It is not in his nature to meditate anything that he would not publish to the world. The measures of the general government are a fair subject for difference of opinion, but do not found your opinions on the notion that there is the smallest spice of dishonesty, moral or political, in the charac- ter of John Adams, for I know him well, and I repeat that a man more perfectly honest never issued from the hands of his Creator." His administration was patriotic to the utmost, but not popular. He favored the building of a navy, which was not favored. His treaty made with France saved us from war with that nation, but cost him his reelection. He fully realized this and said he would ask no other inscription on his tomb than, "Here lies John Adams, who took upon himself the responsi- bility of peace with France." After his retirement in 1801 he was offered, but declined, the nomination for Governor of Massachusetts. The remainder of his life he passed at Quincy, Massachusetts, where he died. Though opposed to the war of 1812, he wrote to a friend: ' ' I think, with you, that it is the duty of every considerate man to support the national authorities, in whose hands soever they may be; though I will not say whatever their measures may be." "When a loan was sought to raise money for that war and efforts were made to prevent capital being invested in it, he 88 THE CONSTITUTION AND ITS FEAMERS promptly came to the front and the first certificate for that loan was issued on his investment. In 1815 he saw his son, who was afterwards President, at the head of the commission that negotiated the second treaty of peace with Great Britain. In 1820 the convention called to frame the new constitution for Massachusetts paid him this deserved tribute : "Whereas the honorable John Adams, a member of this convention, and elected the president thereof, has, for more than half a century, devoted the great powers of his mind and his profound wisdom and learning, to the service of his country and mankind: ''In fearlessly vindicating the rights of the North American provinces against the usurpations and encroachments of the superintendent government : "In diffusing a knowledge of the principles of civil liberty among his fellow subjects, and exciting them to a firm and resolute defense of the privileges of freemen : "In early conceiving, asserting and maintaining the justice and practicability of establishing the independence of the United States of America: "In giving the powerful aid of his political knowledge in the formation of the constitution of this his native state, which constitution became in a great measure the model of those which were subsequently formed: "In conciliating the favor of foreign powers, and obtain- ing their countenance and support in the arduous struggle for independence : "In negotiating the treaty of peace, which secured forever the sovereignty of the United States, and in defeating all at- tempts to prevent it, and especially in preserving in that treaty the vital interest of the New England states : "In demonstrating to the world in his defense of the con- stitutions of the several United States, the contested principle, since admitted as an axiom, that checks and balances, in legis- lative power, are essential to true liberty : THE SIGNERS OF THE DECLARATION 89 "In devoting his time and talents to the service of the nation, in the high and important trusts of Vice-President and President of the United States: "And lastly, in passing an honorable old age in dignified retirement, in the practice of all the domestic virtues, thus exhibiting to his countrymen and to posterity an example of true greatness of mind and of genuine patriotism; therefore, "Resolved, That the members of this convention, represent- ing the people of the commonwealth of Massachusetts, do joy- fully avail themselves of this opportunity to testify their re- spect and gratitude to this eminent patriot and statesman, for the great services rendered by him to his country, and their high gratification that at this late period of life he is per- mitted, by Divine Providence, to assist them with his counsel in revising the constitution which, forty years ago, his wisdom and prudence assisted to form." He declined to preside over the convention on account of his age, but gave his aid in framing that constitution. In 1764 he was married to Abigail, daughter of Rev. William Smith, a woman of unusual excellence of head and heart. Says Sanderson: "With true sympathy in his feelings she unrepiningly sub- mitted to the frequent separations which his devotion to the general cause occasioned ; and he fully appreciated her worth ; and could never, in the heaviest trials of his life, speak of her without emotions of tenderness and gratitude, that would suf- fuse his eyes and impede his utterance. There has been pre- served a letter written by her to a friend, at one of the most gloomy periods of war, in which she thus expressed the noble patriotism which she cherished in common with her husband, 'Heaven is our witness, that we do not rejoice in the effusion of blood or the carnage of the human species ; but having been forced to draw the sword, we are determined never to sheathe it slaves of Britain. Our cause, sir, is, I trust, the cause of truth and justice, and will finally prevail, though the combined force of earth and hell shall rise against it. To this cause I 90 THE CONSTITUTION AND ITS FEAMEKS have sacrificed much of my own personal happiness, by giving up to the councils of America one of my nearest connections, and living for more than three years in a state of widow- hood.' " Their happy, mutually helpful married life lasted for fifty- four years. He lived to see his oldest son, John Quincy Adams, take the upward career of honor in the service of the country they both gave their lives' full measure of devotion until he became its President in 1824. On July 4, 1826, on his death-bed, he was asked to suggest a toast for the day's celebration, and gave ''Independence for- ever ! ' ' They were the last intelligible words he ever uttered. That day he died. His political foe, his personal friend of a life time ; his rival whom he defeated and who defeated him for the Presidency; his associate with whom he acted more intimately than any other member of the committee in drafting the Declaration of Independence fifty years before, Thomas Jefferson, had but a few hours before on the same day gone where rivalries end and friendships are eternal. Twin stars in the firmament of Ameri- can glory, in life and death, they forever light the pathway of American patriotism, and teach our youth the grandeur of lives of industry, of purity, of unselfish and heroic service to the great cause of humanity and liberty. Robert Treat Paine Robert Treat Paine was born in Boston, March 11, ITSl^ and died May 11, 1814. His father was a minister, but failing health forced him to abandon the pulpit, and he became a merchant. His mother, a Miss Treat, was the daughter of an eminent minister and a grand-daughter of Governor Treat of Connecticut. He was, by heredity, intellectual and moral. He entered Harvard at the age of fourteen and graduated therefrom at an early age. THE SIGNERS OF THE DECLARATION 91 He taught school to help support his parents, and made a tour and study of European countries ; studied theology and became a chaplain with the provincial troops. He was induced to study law by Benjamin Pratt, a celebrated lawyer of Suffolk county, Massachusetts, afterwards Chief Justice of the colony of New York. He first located at Boston, but removed to Taunton. He was employed by the citizens of Boston to conduct the prosecution against Captain Preston and his men for the "Bos- ton Massacre." He was chosen a member of the General Assembly from Taunton, was speaker, helped draft the Constitution of Massa- chusetts, became Attorney General by the unanimous vote of the Assembly, and from 1790 to 1804 was a judge of the Massa- chusetts Supreme Court. He was a member of the Continental Congress from 1774 to 1778, and also in 1774 and 1775 a member of the Provincial Congress which sat at Concord. He was the principal author of the address by the Provincial Congress of Massachusetts to the people of England, which the Continental Congress so ap- proved that they ordered it to be published. In the Continental Congress he was chairman of the com- mittee to promote the manufacture of gunpowder and a lead- ing member of the committee for providing the munitions of war. He was an ardent supporter of the ratification by his State of the Constitution of the United States, and of the first two administrations under it. On resigning the office of Judge in 1804, he was elected a Counsellor of the commonwealth. He was one of the founders of the American Academy, established in Massachusetts in 1780, and was a Counsellor of that society until his death. He was honored with the degree of LL.D. by Harvard. He was a man of unostentatious but sincere piety; of the plain and simple, but laboriously useful life that marked so many of the leaders of his day. His eloquence, sound judg- 92 THE CONSTITUTION AND ITS FRAMERS ment, pious and irreproachable character made him one of the most influential orators and writers of the period. Said Dr. M'Kean, in pronouncing his funeral oration, ''His intellectual, moral and religious character were strongly marked with sterling integrity, and uprightness eminently directed his usual course of domestic and social duty. Justice was the constant aim of his official services. He enjoyed his faculties unimpaired to the last; retained his interest in his friends and country; its religious, civil and literary institu- tions ; rejoiced in its good ; was impressed with its dangers and prayed for its peace." Elbridge Gerry (See Framers of the Constitution, page 254.) For Bliode Island Stephen Hopkins Stephen Hopkins was born in Scituate, Rhode Island, March 7, 1707. His great grandfather was one of the first settlers of Providence. His education was in the primitive country school, but by self-education he became the most famous mathematician of his day. He entered the public service as town clerk of Scituate in 1731 ; in 1735 was chosen president of the town council, to which position he was reelected until he left his farm, re- moved to Providence and entered upon a commercial career in 1742. From 1732 to 1738 he was a member of the general assembly of his state ; in 1736 appointed one of the judges, and in 1739 chief justice of the court of common pleas. In 1744 he was again elected to the assembly and chosen speaker, and again in 1754 for the fourteenth time elected a member of the assembly. From 1751 to 1754 he was chief justice of the superior court and in the latter year was a member of the celebrated THE SIGNERS OF THE DECLARATION 93 Albany convention and one of the committee who drew up the plan for the union of the colonies at that convention. In 1756 he was elected governor of Rhode Island, and reelected at intervals, holding that office in all for seven years until 1767, when he resigned. His address to the people of his state on resigning, partly as follows, may well be cherished by every community in our country : ''Permit me, therefore, to remind my countrymen, of the blood, the sufferings, the hardships, and labour, of their ancestors, in purchasing the liberty and privileges they might peacefully enjoy. How can they answer it to their posterity, to fame, to honour, to honesty, if they do not possess those in- estimable blessings with grateful hearts, with purity of morals, and transmit them with safety to the next generation? Noth- ing is desired but that every man in the community may act up to the dignity of his own proper character. Let every free- man carefully consider the particular duty allotted to him as such, by the constitution; let him give his suffrage agreeable to his oath, with candour, for the person he sincerely thinks best qualified; let him shun the man who speaks to him to persuade him how to vote ; let him despise the man who offers him an office, and spurn the sordid wretch that would give him a bribe ; let him think it his duty to give his vote according to his conscience, and not depend on others to do his duty for him; let him know that, as duty is not local, so neither is capacity or fitness for office confined to this or that town or place. Those, by such means made officers, and magistrates, I would humbly entreat to consider, that a burden, not a bene- fit, is given to them; that their turn has arrived to serve the commonwealth, not themselves ; that it is a great honour to be esteemed capable, and to be really worthy, of serving their country, that their own discreet and exemplary behaviour is their chiefest and best authority to do good in their offices ; that, it is vain to command others to practise what we our- selves omit, or to abstain from what they see us do ; that, where 94 THE CONSTITUTION AND ITS FEAMEES moderation and example are insufficient to suppress .vice, power ought to be used even to its utmost severity, if neces- sary; and, above all, that justice should be, in all cases and under all circumstances, equally impartially, and expeditiously administered." From 1765 on, his contributions to the press on American rights were among the most influential in rousing patriotic sentiment. From 1772 to 1775 he was again a member of the general assembly, in the latter year holding at the same time the high offices of member of the assembly, Chief Justice of the Superior Court, and delegate to the Continental Congress. He was sent to the latter in 1774, took his seat on the first day, and was a member of the first two committees appointed to state the rights of the colonies, and to report the statutes affecting the trade and manufacture of the colonies. In the Rhode Island assembly in 1774 he procured the passage of the law prohibiting the further importation of slaves into the colony, and set an example by emancipating his own slaves. For many years he suffered from a nervous affection, and his tremulous signature to the Declaration is due to that fact — he was compelled to guide his right hand with the left in writing. In 1776 he was chosen president of the commissioners of the New England states who met for the purpose of preparing for their defense. His last service in the Continental Congress was in 1778. He was on the committee to prepare the Articles of Con- federation, and, from his commercial and business experience, of great service on the naval committee. He became one of the best read men of his day. His ob- servations on the transit of Venus in 1769, that enlisted the in- terest of astronomers and scientists throughout the world, evoked the following compliment by the American Philosoph- ical Society : THE SIGNERS OF THE DECLARATION 95 ""Much might be said, with respect to your honour's su- perior abilities in mathematics and natural philosophy; but, without flattery, these are the least of your acquirements, when compared with your profound skill in civil police, and the wise government of a people." He was a chief promoter of the public library in Provi- dence; of the American Philosophical Society; and for many years chancellor of the college of Rhode Island. The free school system found in him an earnest advocate. He said : *'As it is confessed by all who have considered the subject, that nothing tends so much to the good of the commonwealth, as a proper culture of the minds of the rising generations ; and as genius is often found in indigent, as well as affluent circum- stances, all institutions of learning become so much the more useful, as they are the more free, and within the reach of the poor as well as the rich, in partaking of a virtuous and liberal education." He was a practical farmer ; a ship builder and owner ; and interested in the manufactures that made pig iron and hollow ware, as w^ell as cannon for our army. "While Chief Justice of the Supreme Court of Rhode Island under British rule, the King's revenue schooner, Gaspee, was seized and burned. An order came from the British ministry to send the offenders to England for trial. The matter came before Judge Hopkins, who refused to obey the order, holding that it was contrary to justice to transport offenders for trial. He was twice married, both wives belonging to the Quakers, whose principles he professed, at whose place of worship he was a regular attendant, and whose meetings were often held at his house. His domestic bereavements were great. Of his five sons, one died in childhood ; another of smallpox in Spain while com- manding one of his ships ; another was lost with his ship and 96 THE CONSTITUTION AND ITS FRAMEES all on board; the fourth was murdered by Indians; but one of his two daughters lived to maturity. He died in his seventy-ninth year, July 13, 1785, at New- port, Rhode Island. Says Sanderson: "In an age fruitful in the production of eminent men, he was one among the most eminent. Warmed by an inextinguish- able love of liberty and considering the happiness of his coun- try as the first object of pursuit, he obtained a perfect ac- quaintance with the history of mankind, the policies of the civilized world, the principles and systems of law, and the profound art of governing the hearts, as well as the persons, of men. Under the British administration, as a father to the people, and the guardian of their rights, liberties, and priv- ileges, he invariably and with unshaken resolution, opposed the strides of lawless power ; and, with equal wisdom and firmness, entered the list of fame, and was one of those unparalleled leg- islators, who framed for the United States, the glorious prin- ciples of their revolution. He had scarcely attained the age of manhood, when he was called into the service of his country; and from that period his whole life was devoted to the pros- perity and welfare of the public. A skilful legislator, an im- partial judge, a learned chancellor, an able representative, and an upright governor — he alternately sustained those im- portant offices, with dignity and moderation. A decided ad- vocate, and zealous supporter, both of civil and religious lib- erty, he was the friend of his country, and the patron of all good works. "Possessed of a sound, discriminating mind, and a clear and comprehensive understanding, he was alike distinguished for his public and private virtues, being as useful a private citizen, as he was an able and faithful public officer. An uni- versal benevolence adorned his virtues, and his great study and delight was in doing good. Candid and upright in all his dealings with the world, he was more attentive to the concerns of his public stations, than to his pecuniary and private affairs. It is the testimony of a survivor, who was intimately ac- THE SIGNERS OF THE DECLAEATION 97 quainted with him during the last forty-five years of his life, that they were passed in a 'useful and honourable manner.' A friend to the poor, the fatherless, and the widow, he often tenderly advised and counselled them ; maintaining their rights, and ministering to their comforts. Free of access, open and candid in his manners, his doors were as open as his heart to the voice and relief of affliction; and so genuine was his charity, that it was remarked by his friends, that he conferred more benefits on his political enemies, than on them. An affec- tionate husband, and a tender parent, he was greatly attached to the regular habits of domestic life. Exemplary, quiet, and serene, in his family, he governed his children and domestics in an easy and affectionate manner. "As in life he had despised the follies, so in death he rose superior to the fears, of an ignorant and licentious world ; and he expected with patience, and met with pious and philosophic intrepidity, the stroke of death. The judges of the courts ; the president, corporation, and students of the college; a great number of distinguished characters from different parts of the state; a prodigious concourse of respectable citizens; and a numerous train of mourning relatives, composed the funeral procession, which, on the fifteenth of July, 1785, followed the remains of Stephen Hopkins to his tomb. 'Blessed are the dead which die in the Lord ; they rest from their labours, and their works do follow them.' " William EUery William Ellery was born in Newport, Rhode Island, Decem- ber 22, 1727, and there died February 15, 1820. After graduating at Harvard College, and a successful career as a merchant, in which he amassed a considerable for- tune, he became a lawyer, achieved a distinguished reputation as such, and became Chief Justice of the Supreme Court of Rhode Island. From 1776 to 1785, except two years, he was a member of the Continental Congress, and was especially serviceable as a 98 THE CONSTITUTION AND ITS FEAMEES member of the Marine Committee, the Postal Committee and the Treasury Board. He was always one of the most strenuous advocates for the abolition of slavery. It will be remembered that in 1784 a committee, of which Thomas Jefferson was chairman, reported an ordinance for the government of the "Northwest territory," and the states to be formed therefrom, in which was this clause that became part of the famous ordinance of 1787, and almost the exact language of the thirteenth amendment to the Con- stitution : ''That after the year 1800 there shall be neither slavery nor involuntary servitude in any of the said states, otherwise than in punishment of crimes, whereof the party shall have been convicted." He is the same Mr. Ellery to whom Daniel Webster re- ferred in his celebrated reply to Eobert Y. Hayne, as second- ing the motion of Rufus King the next year, 1785, to restore this clause to the ordinance, and add thereto : "And that this regulation shall be an article of compact, and remain a fundamental principle of the Constitution be- tween the thirteen original States, and each of these States described in the resolve." In the invasion of Rhode Island by the British, his signing the Declaration of Independence made him the especial object of vindictive vengeance, and he was despoiled by them of prop- erty of great value. His attainments as a scholar and a lawyer were of the highest order. He died holding a copy of Cicero's works in his hand. He said that he was determined to see how all looked as they signed the Declaration that might be their death warrant, and eyed each closely as he affixed his signature thereto, and declared that unalterable resolution was^ displayed in every countenance. He closed his public career with his services in the Con- tinental Congress, and for the remaining thirty-five years of THE SIGNERS OF THE DECLARATION 99 his life devoted himself to private business in the midst of a community that gave him universal honor. For Connecticut. Roger Sherman (See Framers of the Constitution, page 271.) Samuel Huntington The family of Samuel Huntington was among the early set- tlers of Connecticut. His father vv^as a farmer ; his mother a vroman noted for her piety and native talent. He was born at Windham, Connecticut, July 3, 1731, the eldest of a large family. His brothers were liberally educated, one at Yale, and several became ministers of the Gospel, but he stayed at home to help his father in their education, and himself never went beyond the common schools. Yet he kept the poor boy 's nightly vigils with his books, and at twenty-two entered upon the practice of the law. By 1760 he had acquired an excellent practice, and provincial fame, and located at Nor- wich. In 1764 he was elected to the provincial assembly; in 1765 was appointed King's attorney; in 1774 associate judge of the Superior Court ; in 1775 member of the Council of Connecticut ; and in the same year elected to the Continental Congress, of which he continued a member until 1780, when he returned to resume the positions of judge and in the council, during all these busy years held for him. In 1779 he was elected to the highest office in the country — president of the Continental Congress, and in 1780 reelected. To that high office his associate statesmen were reluctant to nominate a successor while hoping for his return, and upon his retirement presented him their unanimous vote of thanks "in testimony of their approbation of his conduct in the chair, and in the execution of public business." He was our first Cincinnatus, veritably rising from plow- boy to president. 100 THE CONSTITUTION AND ITS FEAMERS Again in 1782 he was elected to the Congress, but could not attend; was reelected in 1783, and did attend, with that year closing his national career. In 1784 he was appointed Chief Justice of the Superior Court ; the next year elected lieutenant-governor ; in 1786 gov- ernor, and annually reelected until his death at Norwich, Con- necticut, January 5, 1796. He was of medium size and dark complexion; his manners formal and reserved; his bearing dignified. He was not an orator, but of judicial cast of mind, a man whose extraordinary good sense, sound judgment and tireless industry commended him to and won for him the exalted sta- tions he filled. He was much averse to pageantry and display, and believed it the duty of those called to conspicious place in a Republic to set the example of plain living, and by force thereof suppress extravagance in public and private life. He was devoted to his church; occasionally filled the pul- pit; and made his daily and domestic life that of a sincere, unostentatious Christian. He married Martha, daughter of Rev. Ebenzer Devotion, a woman whose pious, cultured rearing made her a fit companion. They were childless and adopted the son and daughter of his brother, the Rev. Joseph Huntington. That adopted son, Samuel Huntington, became the governor of Ohio. So lived Samuel Huntington the quiet, busy, blameless life of laborious honor, and left a blessed memory to light the foot- steps of American boys, however humble, who by patient in- dustry, preservation of character and cultivation of mind, may highly serve their families, their fellows and their country. William Williams The "Williams family were "Welsh, one of whose members located at Roxbury, Massachusetts, in 1630. "William Williams was born at Lebanon, Connecticut, April 8, 1731, where his father, following in the steps of his grand- THE SIGNEES OF THE DECLAEATION 101 father as a minister, had been pastor of the Congregational church for fifty-four years, had reared a family of five sons, four of whom graduated at Yale, and this one at Harvard, and all of whom became worthy and successful citizens, and three daughters. He began the study of theology under his father, but his country called him to a less peaceful sphere of activity. In 1755 he marched with the troop under the command of his relative. Col. Ephraim Williams, against the French and Indians at Lake George. In the engagement there Colonel Williams, who was the founder of Williams College, at Williamsport, Massa- chusetts, and for whom the college and town were named, was killed, and young Williams returned to his home. The supercilious air of the British officers, and their ignor- ance of, or inattention to American interests in this campaign, disgusted him, as like conduct did many others, and convinced him that aliens, having nothing in common with the natives of a country, could not properly care for, protect, or develop it; that for successful government a people must, of themselves, and for themselves, govern themselves. In 1776 he was elected town clerk, and annually reelected for forty-five years. About the same time he was elected to the Connecticut assembly, of which he was a member for many years, and at one time speaker. In 1780 he was elected councillor, and annually reelected for twenty-four years, resigning in 1804, and retaining the office of probate judge, which he held for forty years. As was the custom of the day, many of these different offices he held at the same time. It is said that for ninety sessions of the legislature he was never absent from his seat, except in 1776 and 1777, when he was in the Continental Congress — in fact, his whole mature life was devoted to the civil and military service of his country. He was a speaker of some note, a writer of greater ability, and did much to arouse his countrymen to resist British op- pression. For that country he gave up what he had acquired 102 THE CONSTITUTION AND ITS FEAMBES by judicious mercantile investment. The debts of those owing him and who fell in battle, were cancelled by him, and he always refused the fees due his office from the widow. It is said that no decision of his in the forty years of his judicial service of probate judge was ever reversed. During the war he was constant in gathering food, clothing and supplies for the army, and in 1781 gave his house entirely to the officers of Lauren's command who were stationed at Lebanon. Once at a meeting of the Council of Safety, his associates were discussing their probable fate in event the colonies should lose in the war for independence. Mr. Williams was sure his hostile efforts, his writings, and his signing the Declaration, would give him the gallows. Mr. Hillhouse said he had not been so prominent, and would try to act for the best advantage. Mr. Huntington, an able lawyer, and one of the judges of the Superior Court, said he had neither signed the Declaration, nor written anything hostile to the British government, and would escape the gallows. Whereupon, Mr. Williams hotly replied, ''Then, sir, you ought to be hanged for not doing your duty." Connecticut has always been the land of the common school. "They raise men and women there." From the sale of public lands a fund was raised, that was distributed among the towns to be used as a school fund. Many towns during the revolu- tion lost their fund. The authorities of Lebanon, with utmost confidence in Mr. Williams^ placed their fund with him. With all his public burdens, he so cared for it, that after the war he turned over both principal and interest, which became a pro- ductive fund for the schools of Lebanon. "Well done, good and faithful servant, ' ' never was more fitly said to mortal than to him. He was elected to the convention to pass upon ratifying the , Constitution of the United States, and, though his con- stituents opposed it, he zealously labored for it, and was after- wards thanked by them for so doing. In 1772 he married Mary, daughter of Governor Jonathan THE SIGNEES OF THE DECLARATION 103 Trumbull, by whom he had three children, two sons and a daughter. A devoted father, the death of his oldest son was a fatal blow, and at the place of his birth he passed away August 11, 1811. He was of medium size ; erect as an Indian ; hair and eyes black; Eoman nose; complexion fair. He was a man of sincere piety, of inflexible honesty, of genial good humor. In the semi-annual elections of his more than fifty years of office holding, he is said to have never solicited a vote — a worthy example to the politicians of the nation of which he may be called one of the fathers and founders. Oliver Wolcott Henry Wolcott, ancestor of Oliver, being an Independent in religion, and under government displeasure in consequence, emigrated to Massachusetts in 1630, settling at Dorchester, afterwards at Windsor, Connecticut, and was for many years a member of the Connecticut assembly. His son was one of the patentees in the charter granted to Connecticut by Charles II. His grandson, Roger, one of the most distinguished men in the state's history, was at one time governor. For two hundred years some of the family were constantly in the public service as members of the assembly, judges or otherwise. Oliver, the youngest son of Roger, was born at Windsor, November 26, 1726, and graduated at Yale in 1747. The same year he served as captain of a company in the frontier war. He began the study of medicine, but was appointed the first sheriff of Litchfield county on its organization in 1751; promoted to counsellor in 1774, and annually reelected until 1786. He was at the same time chief judge of the Court of Common Pleas, and for many years judge of the Probate Court. In the militia he filled every office from captain to major general. In 1775 the Continental Congress appointed him one 104 THE CONSTITUTION AND ITS FEAMEES of the commissioners for Indian affairs for the northern depart- ment, a position of great importance, as upon their success depended the neutrality of the Indians during the approach- ing war. "While so engaged he was influential in settling the dispute as to boundaries between Connecticut and Pennsyl- vania, Vermont and New York, and uniting the New England people in support of independence. He was sent as a delegate to the Continental Congress in January, 1776 ; returned in August to command fourteen regi- ments of Connecticut militia sent to aid in the defense of New York; resumed his seat in Congress in November; in 1777 raised several thousand men to aid General Putnam, and com- manded a troop of some 2,000 militia in the army sent against General Burgoyne; returned to Congress in February, 1778; was in the field commanding a division of militia resisting the British invasion of Connecticut in 1779 ; in congress from 1781 to 1783 ; in 1784 and 1785 arranged a treaty of peace with the Six Nations of Indians; from 1786 to 1796 annually elected lieutenant-governor, when he was elected governor, which office he held at the time of his death at Litchfield, Connecticut, December 1, 1797. This brief record shows a busy and serviceable life of blameless honor. In 1755 he married Miss Laura Collins, of Guilford, who died in 1795. It was due to her frugality and management that his patrimonial estate was preserved, their children educated, and he enabled to be so constantly in the country's service. To the mothers no less than to the fathers is due the successful struggle for independence. He was tall, erect, and of great physical as well as mental strength. He was neither an orator, nor profoundly learned. His busy life was crowded with deeds. For his gallantry he was made a brigadier general on the THE SIGNEES OF THE DECLARATION 105 field at Saratoga and rose to the rank of major general in the Continental Army. For New York William Floyd Wealtii and station with poverty and obscurity clasped hands equally patriotic in the unselfish, and self-sacrificing heroism of our nation's founding. Their blended biographies tell that "Honor and shame from no condition rise, Act well your part, there all the honor lies." William Floyd was born in Brookhaven, Long Island, De- cember 17, 1734, the son of a wealthy landholder, who left him at an early age the chief heir of his fortune. He was of Welsh descent, his grandfather having emigrated from Wales to Long Island in 1680. His life was one of luxury and social distinction until his energies were enlisted in the cause of freedom, when he be- came one of the most aggressive of revolutionary patriots. He was elected to the first Continental Congress and con- tinued a member throughout the entire revolution, closing his long service therein April 26, 1783. He was appointed to command the Long Island militia prior to his election to Congress, and by the activity he displayed forced the British to abandon the invasion of the island first threatened by them. During his congressional career he was constant in com- mittee service, his business acumen making him of great prac- tical service in providing the ways and means for maintaining the war. While he was in Congress, Long Island was overrun and oc- cupied by the British, his family driven from home, his house occupied by the enemy, his lands devastated, and he robbed of its income during the entire seven years' struggle. The rich as well as the poor sacrificed and suffered to save and establish our liberty. 106 THE CONSTITUTION AND ITS FEAMERS In May, 1777, the New York convention voted a resolution of thanks to him and his associates in the Congress for their faithful services to the colony and the country. The latter part of that year he entered the Senate of New York at the first session under the state's new constitution, and gave ma- terial aid in framing the new code of laws suitable to the new conditions. His reports to that body, in which he remained a member while at the same period in Congress, on financial mat- ters, taxation and currency were models of political economy and judicious statesmanship. In 1779 the legislature placed him on the committee to make provisions against the monopolies which acquired control of supplies, and whose greed raised prices until the country was threatened with famine. Ours are not the only times when monopolies clutched the throat of the country. In the Continental Congress he had become a member of the admiralty and treasury board. In 1779 the Senate of New York requested his return to that body from the Congress for the all-important considera- tion of the currency question. In it he took a firm stand, but with the minority, against making bills of credit a legal tender ; and for the necessity of enlarging the powers of the confed- erated government, whose weakness was painfully demonstrat- ing its inability to cope with the necessities of united national action. Returning to Congress, he was engrossed with the distract- ing claims of some of the states to the "Western lands, which were sowing the seeds of discord among the colonies, so need- ful of harmony. In 1783, after seven years' absence from his wrecked and despoiled home, domestic necessities forced him to retire from the national legislature and attempt the rehabilitation of his estate, now but little more than bare land, and from which his family had been exiled during that time. He was, however, continued a senator in New York's leg- THE SIGNERS OF THE DECLARATION 107 islature until 1789, where he presided in absence of the lieutenant-governor. There, with Lewis Morris, Ezra L 'Hommidieu, Zephania Piatt, David Gelston, Samuel Jones and others honored in the state 's history, he helped to prepare the code of laws that made New York a leader in the state legislation of the country to protect and secure property rights, and promote public and private prosperity. Says Sanderson : ''The early education of General Floyd had not extended to the refinements of metaphysical science, and although his understanding was enriched with extensive reading, and stored with a great fund of useful knowledge, the early formation of his mind contributed to confirm the bent of his natural genius, which classed him unequivocally with the former. He was not of that number who astonish by the splendour of their conceptions, or amuse or interest us by the brilliancy of their fancy, and the ingenuity of their speculations. His thoughts were the representations of real existences, and his plans were regulated by a full view of their practicability; his reasoning was the logic of nature, and his conclusions, the demonstrations of experience. Hence it arose, that in the accomplishment of his purposes, he seemed insensible to every difficulty; obstruc- tions wasted away before his perseverance, and his resolution and firmness triumphed over every obstacle. He was remarka- ble for the justness of his observations, and the accuracy of his judgment, and many anecdotes are related of his coolness under sudden embarrassments. In his conduct, he was methodi- cal, and particularly systematic in the observance of general principles, which seemed to be strongly defined in his mind; and every idea of transgressing them was banished from his thoughts. "His person was of a middle stature, with nothing particu- larly striking. But there was a natural dignity in his deport- ment, which never failed to impress beholders. As a politician his integrity was unblemished, nor is it known that, during 108 THE CONSTITUTION AND ITS FRAMERS the height of party animosity, his motives were ever impeached. He seldom participated in debate ; his opinions were the result of his own reflections, and he left others to the same resource. He pursued his object openly and fearlessly; and disdained to resort to artifice to secure its accomplishment. His political course was uniform and independent, and marked with a candor and sincerity which attracted the approbation of those who differed from him in opinion. The most flattering com- mentary upon his public life will be found in the frequent and constant proofs of popular favor, which he received for more than fifty years. "In private life he was fond of society, but always observed a measured decorum, which repressed familiarity, and chilled every approach at intimacy. He was highly respected in the society in which he lived, and left to his descendants a name of which they will long he proud." In 1800 he was one of New York's presidential electors, and warmly supported Thomas Jefferson for President against Aaron Burr of his own state — twice thereafter he served in the same high position. In 1801 he served in the convention to revise the constitu- tion, and was prevailed upon to again enter the Senate of his state, but the infirmities of advancing age barred much of his active duty therein. At the venerable age of eighty-seven, August 4, 1821, in Oneida County, New York, he was gathered to his fathers, his years full of honor, his life a lesson that riches are best used when devoted to public good. Philip Livingston Philip Livingston was born in Albany, New York, January 15, 1716, and died in New York City, June 12, 1778. He was a member of that illustrious family, descended from Lord Livingston, guardian of Mary, Queen of Scots, which con- tributed so many of its sons to the galaxy of statesmen and jurists, honored in and makers of American history. THE SIGNERS OF THE DECLARATION 109 Robert Livingston, the first of the family in America, like William Penn, obtained by purchase from the Indians the title to a vast tract of land on the Hudson, which was confirmed by the English governor, Dongan, and by special patent of George I. created "The Manor of Livingston," giving the proprietor judicial rights, as well as the right to representation in the Provincial Congress. Philip Livingston graduated at Yale College, and became one of the leading importers of New York City, Said Charles Hardy, ''Among the considerable merchants of this city, no one is more esteemed for energy, promptness, honesty and pub- lic spirit than Philip Livingston." In 1754 he was elected one of the seven aldermen of New York City, and held that posi- tion for nine years. The same year he was elected to the Pro- vincial Assembly, and with a brief interval continued a mem- ber until its dissolution in 1769. The occasion of that interval displayed the courage and the popularity of the man. He had just been elected president of the assembly when he opposed the taxation schemes of Great Britain, and was unseated by the Tory majority. His constituents at once returned him. From that time he became a leader in arousing the spirit of opposition to British aggression, and was one of the principal patriots who occasioned the calling of the Stamp Act Congress, in which he took a prominent part. The assembly elected in 1768 was overwhelmingly Ameri- can in sentiment. Among its members were George Clinton, the first governor, and Pierre Van Cortland, the first lieuten- ant-governor, Generals Philip Schuyler and Abraham Ten Broeck, Charles De Witt and Henry Wisner. Livingston was unanimously elected speaker of this assembly, which was so outspoken for colonial rights that the royal governor dis- banded it. In 1774 he drew up a spirited address to the English lieuten- ant-governor, Colden, which won the admiration of his own and the other colonies. In that year he was sent to the Con-* tinental Congress, of which he continued a member until his 110 THE CONSTITUTION AND ITS FEAMEES death. "With Richard Henry Lee and John Jay he assisted in preparing the two state papers put forth by the first congress. He was on many of the principal committees, notably the treas- ury board and the marine committee, on which his ability and experience as a business man made him most efficient. He was the correspondent, and became the intimate friend of Edmund Burke, whose stand in the British parliament was largely due to the information given him by Mr. Livingston, as shown by the use of that information in Burke's celebrated speeches in behalf of the oppressed colonies. At the same time that he was a member of the Continental Congress he was the president of the New York assembly. When the adoption of the Declaration of Independence hung trembling in the bal- ance, it was the eloquence and influence of Philip Livingston, who had so much to lose if disaster befell the undertaking, that induced that assembly to vote the instructions to the dele- gates from this state to sign that instrument. His fruitful labors in the Continental Congress and his own state, in a grateful country's memory, place him high among the un- selfish, courageous patriots who dared their all for the cause of liberty and humanity. He was a senator in the first legislature of reorganized New York, and one of the f ramers of that state 's constitution. His attendance at the last session of the Continental Congress at which he was present was at the special request of the New York assembly. He was in feeble health, and his obedience to this call of honor hastened his death, thus verily giving his life in the service of the country, to aid which he had disposed of a great part of his large estate. He married Christina, daughter of Col. Dierck Ten Broeck, by whom he had five sons and three daughters. His home on Brooklyn Heights was one of the famous man- sions of the city. There Washington held his council of war when it was decided that the Americans should abandon Long Island to the British. That palatial home the British turned into a hospital for their soldiers. THE SIGNEES OF THE DECLARATION m He was a man of active and sincere piety, and contributed greatly to the business, moral and intellectual advancenient of New York, as shown by his being one of the founders of King's College, of the New York Society Library, of the New York Chamber of Commerce, and of the New York Hospital. He also founded the chair of divinity at Yale College that bears his name, and was one of the chief contributors to the building of the first Methodist church erected in America. His great and useful erudition, his vast experience and sound judgment, his active philanthropy made his death a na- tional calamity. He was universally mourned, his funeral at- tended by the entire Continental Congress, the members of the state assembly, and the day thereof observed as a day of mourning throughout the entire state of New York. Francis Lewis Francis Lewis was born in Landaff, Wales, in March, 1713 ; was educated at the celebrated Westminster School, London; early became a successful merchant; emigrated to New York in 1735 ; and became one of its most extensive traders with for- eign countries. One of his first shipments to Europe was a cargo of wheat, which it took both New York and Philadelphia to supply, and was the subject of much comment abroad. He took an active part in the colonial wars with the French and Indians, and was made a prisoner when Oswego was cap- tured by Montcalm. For his valiant services in these wars the British government gave him five thousand acres of land. It is related, but is of doubtful authenticity, that Montcalm gave Lewis to the Indian chief ; that the chief found the Welch language, which Lewis spoke fluently, so closely resembled the Indian tongue that he asked leave to return him to his people, but the request was denied. After these wars Lewis became one of the most active oppo- nents of British encroachment on American rights ; was a lead- ing member of the Stamp Act Congress in 1765 ; and was one of 112 THE CONSTITUTION AND ITS FEAMEES the first to enrol his name among the "Sons of Liberty." His mercantile establishment was a leading house in New York. In 1775 he was elected a delegate from New York to the Continental Congress and was continued a member until 1779. He was not a speaker, and took no part in its debates, but in the committee work of procuring supplies and munitions of war rendered efficient service, and on his retiring from Con- gress was appointed a commissioner for the board of admiralty. When first elected to Congress he removed his family and household goods to his palatial country home on Long Island. "When the British army overran that island his signing the Declaration made him the object of special vindictiveness. Every vestige of his property was destroyed, his wife impris- oned, and so cruelly treated that Congress took official action concerning the brutality. From the effects of this inhumanity, after a lingering illness, she died. From affluence he was reduced to abject poverty. His lot was the hardest of any of the patriots held in the country's reverent memory as signers of the Declaration of Independ- ence. He died in New York City, December 30, 1803. Lewis Morris The Morris family is of German origin, and traces its ancestry back to a successful invader of Ireland in the reign of Henry II., who gave him a large property in Wales in com- pensation for his conquest in Ireland. Richard Morris, a de- scendant, was a prominent leader in the armies of Cromwell and after the restoration of the king, came to New York in 1650, and purchased from the Indians a large estate in West- chester County, which was known as the manor of Morrisania. The family became one of the most noted and influential in the state. This pioneer died in 1673, leaving an only son, Lewis, who became chief justice of the province of New York; acting governor of New Jersey in 1731, and governor from 1738 to 1746. His son, Lewis 2d, was chief justice of the Vice- THE SIGNEES OF THE DECLAEATION 113 Admiralty Court and one of the most famous lawyers of the province. Lewis Morris, 3d, the signer of the Declaration of Inde- pendence, his son, was born at Morrisania in 1726. He was a graduate of Yale College, the heir of a large for- tune, and several times a member of the legislature of New York. He was one of the few prominent men too zealously in favor of independence to be sent to the Congress of 1774, which Congress was called to lay the grievances of the colonies before the British authorities and amicably induce them to do justice to and repeal the oppressive measures with which they had afflicted the American people. He entered that Congress in 1775 and was continued a member until 1777, when he was succeeded by his half brother, the illustrious Gouverneur Mor- ris, one of the foremost framers of the Constitution. No member of the Continental Congress was a more en- thusiastic and devoted advocate for independence. He rose to the rank of a major general in the Revolutionary Army, in which three of his sons served with distinction, and did effective work in organizing and equipping the militia of New York. He was an especial sufferer at the hands of the British, his estate being laid waste by them during the war. When signing the Declaration, he predicted this w^ould be done, but with the spirit of a patriot counted his loss at nothing if the independence of his country could be achieved. After the revo- lution he devoted himself to the rebuilding of his devastated estate, declined to take any further part iu official life, and at his ancestral home died January 22, 1798. For New Jersey Richard Stockton Eichard Stockton, grandfather of this signer of the Declara- tion, was a wealthy emigrant to Long Island in 1670. About 1680 he bought a tract of 6,400 acres of land in New Jersey, of which Princeton is nearly the center. There with the first settlers of that section he lived until 1705. 114 THE CONSTITUTION AND ITS FRaMERS His youngest son, John, became the owner of the family home; a liberal patron of the college at Princeton; and for many years a judge of the Court of Common Pleas. Richard, the signer, was born at this old family home, October 1, 1730, and graduated at Princeton with the highest honors of his class in 1748, the first annual commencement at Nassau Hall. He was admitted to the bar in 1754, sustained his early promise of a brilliant career, and extended his practice to Pennsylvania, where he became intimate with John Dickinson and other leaders of their day. In 1766 he visited England, where his reputation for dis- tinguished ability was so well known that he was accorded unusual courtesies by the King and the most eminent men in the realm. He was presented at court by one of the royal ministers, and delivered to the King in person the address of the board of trustees of the college of New Jersey thanking his Majesty for the repeal of the stamp act, and most favorably impressing the royal ruler by his grace and accomplishments. His loyal services in Great Britain to his college were so great and so extensive, that on his return its board of trustees voted him their unanimous thanks. He was entertained by the Marquis of Rockingham, Chat- ham and other friends of the colonies, and by his firm, force- ful and intelligent portrayal of the position of the colonies added to their correct comprehension of the existing condi- tions, and fastened their friendship for us. He visited Scotland, where he was most graciously enter- tained by the illustrious Earl of Leven, and at a public dinner in his honor was accorded the high honor of the freedom of the city of Edinburgh, conferred by the unanimous vote of the Lord Provost and Council. On his visit to Paisley, near Glasgow, he met and induced the celebrated Dr. Witherspoon, who, on account of his fam- ily's home-love had declined the offered presidency of the col- THE SIGNEES OF THE DECLAEATION 115 4 lege of New Jersey, to accept that high position, and thereby- brought to American citizenship one of the most learned and loyal patriots that ever illuminated our history, a co-signer with him of the Declaration. Visiting Dublin, he was profoundly impressed by the coun- try, and people, and was ever after one of the most cordial and sympathetic of Ireland's friends. Two occurrences there nearly cost his life. He was attacked by a midnight marauder, whom he successfully repelled with a small sword, cherished afterwards by his family, and by ac- cidental delay of his baggage escaped sailing in a vessel that was wrecked, and every soul on board lost. He frequently referred to these events in which he felt he was providentially preserved. He frequently visited "Westminster Hall and studied with profound interest the efforts of such great lawyers as Sir Fletcher Norton, John Dunning, Charles Yorke, Moreton, Eyre and Blackstone ; the decisions of Mansfield, Camden, Yates, Wilmot, and Bathurst, the great jurists who glorified the Brit- ish bench ; and sought kindred instruction and high incentive from the eloquent efforts of Chatham and Burke. He often referred to the delineation of Shaksperian char- acter by Garrick, who so greatly added to the fame of the English stage. No idle curiosity prompted him and his like among our fathers in utilizing such opportunities. They teach American youth the educational value of seeing and hearing the great actors in every department of public effort; that such ad- vantages may be made the great university of after-college life, of uplifting and inspiring educational value. His account of his meeting with Chesterfield, whose reputa- tion is that of the first of English beaux, throws a better light on that remarkable character. He said he first saw in Chester- field an infirm, toothless and deaf old man, but when he began to speak his animation and intelligence made one forget his infirmities, and he saw an intelligence that charmed, and 116 THE CONSTITUTION AND ITS FRAMEES marked a man far above the mere vanities of dress and style. His large professional business during his absence had been cared for by his brother-in-law, Elias Boudinot, afterwards one of the presidents of the Continental Congress, but that he soon relinquished. Upon his return in 1768 to his native land, he was made one of the royal judges. In 1774 he became one of the judges of the Supreme Court of New Jersey, associated with his old pre- ceptor in law, David Ogden. He was then enjoying the highest honors of his state, and in the possession of an ample estate that enabled him to fill his home with an extensive library and the choicest paintings and works of art, and was an especial favorite of the British gov- ernment. When the storm of the revolution burst upon his country he gave up his places of lucrative honor with the royal govern- ment and heroically cast his lot with his native people. Like many of his patriotiq associates in the Congress, he shrunk from separation from the mother country, but toward the close of the debate on the great question of independence, joined in an able address in favor of it. He faithfully served in the laborious work of many im- portant committees of the Continental Congress. In September, 1776, the vote for governor of New Jersey was a tie between him and William Livingston. He consented to the choice of his rival and was at once unanimously elected chief justice of the state, but declined the office. With George Clymer of Pennsylvania he was sent to inspect and make provision for the northern army under General Schuyler, after completing which he resumed his seat in Con- gress. He was compelled to remove his family from his palatial home. It lay in the path of the British troops, and was com- pletely despoiled by them. His library was destroyed, his estate devastated, the paintings of himself and family pierced with bayonets, and every indignity heaped upon his inanimate THE SIGNERS OF THE DECLARATION II7 possessions. He was made a prisoner, and confined in the common jail in New York, where he was treated with such barbarity that the Congress by resolution directed General "Washington to remonstrate with General Howe about it, with the view of retaliation upon British prisoners. Many distinguished lawyers enjoyed his tutelage, among them Elias Boudinot ; "William Paterson, one of the framers of the Constitution; Joseph Reed and Jonathan D. Sergeant, of Philadelphia, and William Davies, of Virginia, all historic char- acters. He was nearly six feet tall, of commanding presence ; light gray eyes ; of hasty temper, impulsive, but not vindictive ; and of great coolness and courage in the face of crisis or danger. He was especially skillful as a swordsman, as his encounter in Ireland proved; as a horseman; and in the athletic games of the day. Upon his release from prison he returned to his ruined homestead, now but bare lands, and was compelled to accept the generosity of friends to meet actual necessity. Broken in health by the harsh severities of his imprison- ment; suffering with malignant cancer and other bodily ail- ments that made his agonies of body and mind acute, this un- complaining patriot died at his birth place February 28, 1781. Of such heroic mould were our country's founders. He saw the dawn, but never the rising sun of the Republic he gave his all — his life — to make free and independent. In grateful honor America perpetuates his memory. John Witherspoon Stubborn and hardy Scotland contributed its inflexible courage and unyielding conscience to the glory of the achieve- ment of American independence, and militant Christianity, from the pulpit, clasped hands with the heroic valor of the frontiersman in the struggle that brought into the family of nations the new republic that has bedome a world-power for 118 THE CONSTITUTION AND ITS FRAMERS peace, progress, science, art and all the accomplishments of advancing civilization. John Witherspoon was born in Gifford, Scotland, near Edin- burg, February 5, 1722. He was a direct descendant of John Knox, the hero of the reformation in Scotland. His father was a Scotch clergyman of great learning and piety, such as has generally characterized the Scotch ministry. He was educated at Edinburg, where he was noted for his discussion of theological questions ; at the age of twenty-one was licensed to preach the Gospel ; and located at Beith, in the west of Scotland, where he endeared himself to his parishion- ers. In 1746 he had an experience somewhat amusing, but not very comfortable. "While viewing the battle of Falkirk he was taken prisoner and confined in the castle of Doune. With his fellow prisoners he planned to escape by making a rope of their blankets, but the rope broke before it came his time to let himself down, whereby some of the prisoners were badly in- jured, and he decided to remain until liberated in a less risky manner. From Beith he went to Paisley, then a flourishing town noted for its manufactures and the intelligence of its people. There he gained a high reputation as a preacher, and was in- dted to take charge of churches in Dublin and also at Rotter- dam, both of which he declined. At this time his high reputation brought him the offer of the presidency of the college of New Jersey at Princeton. An old bachelor relative of large fortune offered to make him his heir if he would not go to America. This did not deter his ac- ceptance, but the attachment of his wife for her native land did. Later through the able influence of Eichard Stockton, aided by Benjamin Rush, he accepted the position and in 1768 became the sixth president of the college. His fame as a scholar brought to the institution a large increase of students, THE SIGNERS OF THE DECLARATION 119 as well as needed and substantial endowments from people in all of the colonies from Massachusetts to Virginia. His great erudition introduced a new era into the educa- tional excellence of that great university, and in every depart- ment made it, what it has ever since been, one of the leading educational institutions of the country — indeed, of the world. He became thoroughly American from the day that he landed on our shores. His sense of justice, his profound knowl- edge of governmental history and of national legislation, made him one of the heartiest and ablest supporters of American rights. In 1776 he was elected to the convention to frame the con- stitution for the state of New Jersey and in that assemblage became noted as profound a statesman as he had been famous as a philosopher and minister. This led to his election to the Continental Congress in June, 1776. In debating the question as to whether the Declaration of Independence should be made, one of the members of Congress said: *'We were not yet ripe for a Declaration of Independ- ence." Dr. "Witherspoon replied: "In my judgment, sir, we are not only ripe, but rotting." He was a constant attendant upon all of the sessions until 1782, excepting the year of 1780. He was one of the most elo- quent and earnest supporters of the Declaration and of the important measures of the Congress during all of that time, and no native American son gave a more unselfish, arduous and patriotic devotion to his adopted country than did he. During the darkest hours that depressed our patriot fathers he never lost his courage or abated his confidence in the success of the struggle, but with all his Scotch persistence stood like one of the rocky mountains of his native land in his firm support of the American revolution. When our army was on the eve of dissolution, ill fed, poorly clad, and scantily equipped, he served on the committee with William Paca and George Ross to visit General Washington, and inquire into and redress the grievances of the soldiers. His cheerful and inspiring courage 120 THE CONSTITUTION AND ITS FEAMEES and his practical work did much to put new life into the failing spirits of the army. At this dark hour he joined with Richard Henry Lee and John Adams in the splendid appeal ad- dressed to the states to rouse them to renewed action. Among the many important committees upon which he served he was especially active as a member of the board of war. The admirable publications of Congress calling the Ameri- can people to seasons of fasting and prayer came from his pen. The barbarities with which American prisoners were treated by the British brought forth the protest from the committee upon which he and Gouverneur Morris were leading members and in which his position is shown in the following conclusion : "While the shadow of hope remained that our enemies could be taught by our example, to respect those laws which are held sacred among civilized nations, and to comply with the dictates of a religion which they pretend, in common with us, to believe and revere, they have been left to the influence of that religion and that example. But, since their incorrigible dispositions cannot be touched by kindness and compassion, it becomes our duty, by other means, to vindicate the rights of humanity. "We, therefore, the Congress of the United States of America, do solemnly declare and proclaim, that if our enemies presume to execute their threats, or persist in their present career of barbarity, we will take such exemplary ven- geance as shall deter others from a like conduct. We appeal to that God who seareheth the hearts of men, for the rectitude of our intentions ; and in His holy presence, declare, that as we are not moved by any light and hasty suggestions of anger or revenge, so, through every possible change of fortune, we will adhere to this our determination." He was an important member of the finance committee of Congress and of other committees that required his extensive travel throughout the country in harmonizing discordant ele- ments and reviving patriotic zeal. His firm support of the measures for a sound currency and his intelligent comprehen- sion of financial matters was second to none of the able finan- THE SIGNERS OF THE DECLARATION 121 ciers who distinguished the Continental Congress. He believed in the cultivation of a public conscience and in not making promises without shouldering the burden of their exact per- formance. His arguments against scaling the public debt and in favor of meeting it to the fullest, evinced the loftiest states- manship and highest character. He was one of the most earnest and forceful advocates for establishing a national system of government, and giving to it powers far beyond what wer& attempted in the feeble Arti- cles of Confederation, and stood far in advance of many of his fellows in his foresight of the need of a strong and central government. Had he been heeded years of struggle and suffer- ing and much precious blood might have been saved. The Constitution that thereafter created the national gov- ernment with such powers as he coveted it to have, found in him one of the ablest and most influential advocates for its adoption, and he had the gratification of seeing his state be- come the third to ratify it, and to do so by unanimous vote. At the same time that he was president of the college at Princeton he was professor of divinity therein and pastor of a Presbyterian Church. While he would have ably filled any cabinet position, even the presidency, it was in the pulpit he was at his best. He wrote out, but never read his sermons. "It was impossible to hear him without attention, or attend to him without improvement. He possessed a happy talent of unfolding the strict and proper meaning of the sacred writer, in any text from which he chose to discourse ; of concentrating and giving perfect unity to every subject which he treated; and of presenting to the hearer the most clear and compre- hensive views of it. His sermons were distinguished for their judicious and perspicuous divisions ; for mingling profound re- marks on human life with the illustration of divine truth ; and for the lucid order that reigned throughout the whole. In his discourses he loved, chiefly, to dAvell on the great doctrines of divine grace, and on the distinguishing truths of the gospel. 122 THE CONSTITUTION AND ITS FEAMERS These he brought, as far as possible, to the level of every un- derstanding and the feeling of every heart. He seldom led his hearers into speculative discussions, and never entertained them by a mere display of talents ; all ostentation in the pulpit he viewed with aversion and contempt. During the whole period of his presidency he was extremely solicitous to train those studious youths who had the ministry of the gospel in view in such a manner as to secure the greatest respectability, as well as usefulness, in that holy profession. It was his con- stant advice to young preachers, never to enter the pulpit with- out the most careful preparation ; and it was his ambition and his hope to render the sacred ministry the most learned, as well as the most pious and exemplary, body of men in the republic." He was more conspicuous in the councils of his church in Scotland and here than in the congress of his adopted country, and his writings made him a power among all the Protestant countries of Europe. He was of the orthodox school and, while a progressive man, opposed what was called the moderate or more liberal school. Speaking of one of the latter when asked if he was a moderate man, he answered, "0, yes, fierce for moderation." His "Essay on the Nature, Value and Uses of Money" has been commended by financiers as the best that ever ap- peared in this country on that intricate subject. His contributions to the press on the absorbing question of the day, "written at the dawn of the revolution, depict in striking colors the depth of his political foresight, by the recommendation of a series of important measures, almost all of which were subsequently adopted, at various periods. In the essay *0n Conducting the American Controversy,' his ideas are not less lucid than sagacious ; and his remarks 'On the Con- test Between Great Britain and America' tend to establish the fact that the people of America, so far from being seditious and factious, entertained a strong attachment to the mother country, and attached high feelings of pride to their descent; THE SIGNERS OF THE DECLARATION 123 — SO much so, indeed, that when an American spoke of going to England he always called it going home. In a communica- tion to the editor of the Scots' Magazine on the 'Ignorance of the British With Respect to America,' he elucidates the subject in a masterly manner, and concluded with the follow- ing fact : Some years ago a frigate came from England with despatches for many or most of the governors of provinces in North America. The captain had orders to go first to New York, and from thence to proceed to Georgia, the Carolinas, Virginia, Maryland, Pennsylvania and the Jerseys. "When he arrived at New York he delivered his despatches there, and. mentioned his orders. The governor told him, 'If you will give me the letters for the governors of New Jersey and Penn- sylvania, I will undertake to have them delivered in forty-eight hours; but if you take the route prescribed to you, perhaps they will not receive them in three months.' To which the captain replied, 'I do not care a farthing about the matter; I will stick to my instructions. ' ' ' As a rule ministers and academicians are not credited with special sagacity in the details of government or administration, the intricate questions of finance, or the profound work of con- stitutional construction, nor is this to their discredit. Yet here was a man, a student bred, a minister from man- hood's dawn, who, among the eminent men whose life work had been affairs of government or finance, knew no superior in practical suggestion or in constructive statesmanship. Almost every idea he advanced, every policy he advocated, time has shown to be correct. He opposed the fee or commission system to purchasers of army supplies and favored a salaried public service ; he op- posed the emission of paper money, and favored a system of taxation that would enable the government to pay as it prom- ised; he opposed the weak form of confederation and favored the establishment of a strong national government at the very start, a thorough system in every department. It is difficult now to realize the fact that in 1780 our army 124 THE CONSTITUTION AND ITS FRAMEES was nearly a week at a time without bread; again for as long without meat ; once or twice for three days without either, and during such times actually lived upon parched corn and pota- toes. That their clothes were in tatters, that at the battle of Eutaw Springs Gen. Greene's official report shows scores fought stark naked, and that the "tattered regimentals" was no poetic dream, but dread reality. That no pay for months and months, with all their hardships, were driving them to madness and mutiny. That our own government, that year, discredited its own depreciated paper money by offering to ac- cept coin at the rate of one dollar for every forty of its paper in public dues. As Dr. Witherspoon said, "the first great deliberate breach of public faith;" as the Duke de Vergennes denounced, "an act of bankruptcy on the part of our government." What was the only national government then had no authority whatever to collect by its own officials in the several states the share due by each to maintain the army or pay the common public expense, but was forced to leave to those states the discharge of this duty so vital to all. When the revolution began, each state, swollen with a sense of its own importance, had no other idea but that, on the achievement of independence, each would set up a separate government for itself. A lasting central government was neither looked forward to nor wished — indeed was thought im- possible, and limited as were the national powers — if any at all — given by the Articles of Confederation, it was next to im- possible to secure their adoption. "He strongly combatted the opinion expressed in congress, that a lasting confederacy among the states, for their future security and improvement, was impracticable. He declared that such sentiments were calculated greatly to derange the minds of the people, and weaken their efforts in defence of the country. 'I confess,' said he, 'it would to me greatly diminish the glory and importance of the struggle, whether considered as for the rights of mankind in general, or for the prosperity THE SIGNERS OF THE DECLARATION 125 and happiness of this continent in future times. It would quite depreciate the object of hope, as well as place it at a greater distance. For what would it signify to risk our possessions and shed our blood to set ourselves free from the encroach- ments and oppression of Great Britain, with a certainty, as soon as peace was settled upon them, of a more lasting war — a more unnatural, more bloody and much more hopeless war among the colonies themselves ? Some of us consider ourselves as acting for posterity at present, having little expectation of living to see all things fully settled and the good consequences of liberty taking effect. But how much more uncertain the hope of seeing the internal contests of the colonies settled upon a lasting and equitable footing?' 'If, at present, when the danger is yet imminent, when it is so far from being over that it is but coming to its height, we shall find it impossible to agree upon the terms of this confederacy, what madness is it to suppose that there ever will be a time, or that circumstances will so change, as to make it even probable that it will be done at an after season? Will not the very same difficulties that are in our way be in the way of those who shall come after us ? Is it possible that they should be ignorant of them, or inat- tentive to them? Will they not have the same jealousies of each other, the same attachment to local prejudices and par- ticular interests? So certain is this that I look upon it as on the repentance of a sinner — every day's delay, though it adds to the necessity, yet augments the difficulty and takes from the inclination." A sentiment expressed in this debate, that it was to be expected from the nature of men that a time must come when a confederacy would be dissolved and broken to pieces, and which seemed to create an indifference as to the success of the measure, produced the following burst of eloquence: 'I am none of those who either deny or conceal the depravity of human nature, till it is purified by the light of truth and re- newed by the spirit of the living God. Yet I apprehend there is no force in that reasoning at all. Shall we establish nothing 126 THE CONSTITUTION AND ITS FRAMEES good, because we know it cannot be eternal? Shall we live without government, because every constitution has its old age and its period? Because we know that we shall die, shall we take no pains to preserve or lengthen out life? Far from it, sir; it only requires the more watchful attention to settle the government on the best principles and in the wisest man- ner, that it may last as long as the nature of things will ad- mit.' Dr. Witherspoon concluded his eloquent arguments in favor of a well-planned confederation in the following terms: 'For all these reasons, sir, I humbly apprehend that every argu- ment from honor, interest, safety and necessity, conspire in pressing us to a confederacy; and if it be seriously attempted I hope, by the blessing of God upon our endeavors, it will be happily accomplished.' " His reading of character was almost intuitive. His knowl- edge of men, of human nature, was greater than his knowledge of books. His fondness for the young was a marked characteristic, and made his life as an educator distinctly serviceable. Some of his writings were of satirical character, and evince a talent equal to Swift, while in good humored wit he had few superiors. When it was proposed by congress to present a sword to the tardy officer who brought the news of Burgoyne's sur- render, he moved to amend by presenting him, not a sword, but a pair of spurs. He was twice married. His first wife was one of the noble Scotch mothers, pious and benevolent, but of very limited education. Of their three sons, the eldest, while holding the rank of major, was killed at the battle of Germantown ; the second son became a physician of reputable practice ; the third, a lawyer, located in North Carolina. The elder daughter married Dr. Samuel Smith, who succeeded him as president of the college; the other. Dr. David Ramsay, the historian. THE SIGNEES OF THE UECLAKATION 127 His second marriage was in his old age, to a young woman, and subjected him to severe criticism. He was over six feet in height, of imposing build, dignified demeanor, and is said to have possessed more of what is called presence than any man in his time save Washington. He died at Princeton, New Jersey, November 15, 1794. No public character in our history displayed greater versa- tility of talent than this remarkable man. His career in congress proved him to be not only an orator of the first rank, but a statesman of profound and practical knowledge of government. "Whether on the floor as a debater, or in the laborious work of the committee, or in conference with commanders at the front, or the rank and file in the field, he displayed discretion, tact and judgment of the highest. His burning patriotism was an inspiration to the abused sol- dier, the misused officer, the heroes who bore the brunt of un- paid and unprovided for service. His recent coming to the country kept him free from the thraldom of local jealousies and the intoxication of colonial vanity and sectional prejudice that so hampered many in agreeing to national action. He saw and felt that we were no more than fighting the same battle our English ancestors had fought at home for centuries — the right to representation in being taxed, and the right to local self-government, where the local needs were so utterly misunderstood in the ancestral home. But few of our leaders except Washington, took so broad a national view of our needs and situation as he. Nor are they so much to blame. He had no bred in the bone fear of a central and supreme authority as their past experiences gave them, and that made, first colonial, later, state supremacy so much with many of our people. The common evils that crushed, the uniform oppressions that weighed upon and galled each alike, he fully comprehended, appreciated and detested. These his British antecedents made him as keenly sensitive to as any colonist. With less preju- diced and clearer view he could see the necessity of united action under a central government, strong enough in its own 138 THE CONSTITUTION AND ITS PEAMEES conferred and possessed powers to enforce its own decrees and reach the entire people without the halting intermediary action of the state authority. Hence, at the start, he denounced the weakness of the articles of confederation and wisely contended that the first need was a definite and authoritative united gov- ernment possessed of national powers wherein it was of su- preme authority. The wisdom of his advocacy for such national government became more and more apparent as time passed, and Iqd leaders and the people to the same opinion. He saw in the constitu- tional convention the crowning of his hopes and labors, and no one lent more influential aid in securing the adoption of its immortal work by his own and the other states. With this accomplished he left the stage of public life and devoted his remaining years to the care and development of the great university at whose call he honored our country with his citizenship and splendid services, and to which he had given the life of his son and his own years of devoted patriotism. Francis Hopkinson. Francis Hopkinson was born in Philadelphia, September 21, 1737, and died May 9, 1791. His father was an Englishman who came to this country as a British official; his mother, a woman of high attainments, a niece of the Bishop of Worcester. His father died when Francis was fourteen years of age, and his mental and moral training was due to his widowed mother. He became an adept in science, was aii intimate friend of Benjamin Franklin. In some of the publications of that day it is stated that he first called Franklin's attention to attracting electricity by means of a pointed instead of a blunt instrument, so as to relieve the attraction from the explosion and shock which, before that discovery, had attended it. His mother, appreciating his genius, made every sacrifice to accomplish his education, and he was a member of the first THE SIGNEES OF THE DECLAEATION I39 class that graduated from the College of Philadelphia, after- wards the University of Pennsylvania. He became an eminent lawyer and an intimate and esteemed friend of the celebrities of his day. Of him Dr. Benjamin Rush wrote: "He excelled in music and poetry and had some knowledge in painting. These arts did not monopolize all the powers of his mind. He was well skilled in many practical and useful sciences, particularly mathematics and natural philosophy, and had a general ac- quaintance with anatomy, chemistry and natural history; but his forte was humor and satire, in both of which he was not surpassed by Lucian, Swift or Rabelais. Th-ese extraordinary powers were consecrated to the advancement of patriotism, virtue and science." In 1765 he enlarged his culture by a visit to England, and in 1768 married Miss Ann Borden, of Bordentown, New Jersey. He was an active contributor to the publications of the period in support of the claims of the colonies against British aggression. He was a poet of celebrity. His most famous poem, "The Battle of the Kegs," was one of the most popular of the Revo- lutionary poems, and a stinging satire upon the British. He was a member of the Continental Congress, was one of the framers of the articles of confederation, and for ten years a judge of the admiralty court ; and after the organization of the United States was a judge of the United States district court until his death. He was one of the most influential advocates for the rati- fication of the federal constitution. His sudden death from apoplexy in the fifty-third year of his age closed his useful life. Said Dr. Rush: "His person was a little below the common size. His features small, but extremely animated. His speech was quick, and all his motions seemed to partake of the un- ceasing activity and versatility of the powers of his mind. "It only remains to add to this account of Mr. Hopkinson, 130 THE CONSTITUTION AND ITS FEAMEES that the various causes which contributed to the establishment of the independence and federal government of the United States will not be fully traced unless much is ascribed to the irresistible influence of the ridicule which he poured forth, from time to time, upon the enemies of those great political events." He left, besides his widow, two sons and three daughters; one son, Joseph Hopkinson, became distinguished as an orator, at the bar and in congress. John Hart. John Hart was born in Hopewell, New Jersey, in 1708. He was a farmer and also a lawyer, and acquired the sobriquet of ''Honest John Hart." He was for twenty years a member of the colonial legislature, and a member of the Continental Con- gress from 1774 to 1777. Notwithstanding the amiability of character that endeared him to his neighbors and gave him his name, he was the object of furious hatred by the British and hunted by them from place to place until the surrender of the Hessians at Trenton. He was a man of advanced years and quiet disposition; did not take an active part in the proceedings of the congress, and represented the industrious and well-to-do farmers of the colonies, who, with their more gifted fellows, staked their all for their country's freedom. He was a devoted member of the Baptist Church and gave to that which he attended at Hope- well the ground on which its church stood and for a cemetery adjoining. He was known as a sincere Christian and for his just and honest life. He died in 1780. Abraham Clark. Abraham Clark was born on a farm near Elizabethtown, New Jersey, February 15, 1726. He made a thorough study of the law, but never attempted SIGNERS OF THE DECLARATION OF INDEPENDENCE 1. JOHN HANCOCK, Massachusetts (i. lOHN ADAMS, Massachusetts 2. lOSlAH BARTLETT, New Hampshire 7. ROBERT TREAT PAINE, Massachusetts 3. William Whipple, New Hampshire S. ELBRIDOE CERRY, Massachusetts 4. MATTHEW THORNTON, New Hampshire 9. STEPHEN HOPKINS, Rhode Island 5. SAMUEL ADAMS, Massachusetts 10. WILLIAM ELLERY, Rhode Island SIGNERS OF THE DECLARATION OF INDEPENDENCE 1. ROGER SHERMAN, Connecticut 2. SAMUEL HUNTINGTON, Connecticut 3. WILLIAM WILLIAMS, Connecticut 4. OLIVER WOLCOTT, Connecticut 5. WILLIAM FLOYD, New York 6. PHILIP LIVINGSTON, New York 7. FRANCIS LEW IS, New York S. LEWIS MORKIS, New York 9. RICHARD STOCKTON, New Jersey 10. lOHN WITHERSPOON, New Jersey n. FRANCIS HOPKINSON, New Jersey 12. JOHN HART, New Jersey SIGNERS OF THE DECLARATION OF INDEPENDENCE 1. ABRAHAM CLAKK, New Jer.sev 2. ROBEKT MORRIS, Pennsvlvan'ia 3. BEN 1 AMI N RUSH, Peiinsvlvania 4. BKNIAMIN KRANKLIN, "Pennsvlvania 5. JOHN MORTON, Pennsylvania 6. GEORGE CLYMER, Fennsvlvania 7. JAMES SMITH, Pennsvlvania ,S. GEORGE TAYLOR, Pennsvlvania 9. JAMES WILSON, Pennsvlvania 1(1. (^.EoRGK R()>S. Pennsvlvania n. CAESAR RODNEY. Delaware 12. GEORG.E READ, Delaware SIGNERS OF THE DECLARATION OF INDEPENDENCE 1. THOMAS McKEAN, Delaware 7. RICHARD HENRY LEE, Virginia 2. SAMUEL CHASE, Maryland 8. THOMAS lEFFERSON, Virginia 3. WILLIAM PACA, Maryland 9. BENJAMIN HARRISON, Virginia 4. THOMAS STONE, Maryland 10. THOMAS NELSON, JR., Virginia 5. CHARLES CARROLL,' of Carrollton, Md. 11. FRANCIS LIGHTFOOT LEE, Virginia 6. GEORGE WYTHE. Virginia 12. CARTER BRAXTON, Virginia SIGNERS OF THE DECLARATION OF INDEPENDENCE 1. WILLIAM HOOPER, North Carolina 6. THOMAS LYNCH, |R., South Carolina 2. JOSEPH HEWES, North Carolina 7. ARTHUR MIDDLETON, South Carolina 3. JOHN PENN, North Carolina 8. BUTTON GWINNETT, Georgia 4. EDWARD KUTLEDGE, South Carolina 9. LYMAN HALL, Georgia 5. THOS.HEYWARDJR., South Carolina 10. GEORGE WALTON, Georgia THE SIGNERS OF THE DECLARATION 131 its practice, giving his advice free of charge until he became known as the ''poor man's counsellor." Under British rule he was sheriff of Essex county and clerk of the colonial assembly. His good judgment made his selection frequent throughout the state to arbitrate matters in and threatening litigation, and this universal regard sent him, in 1776, with New Jersey's notable delegation to the Continental Congress. He continued a member, excepting the session of 1779, imtil 1783, and again in 1788. "Mr. Clark applied himself zealously to the discharge of his new duties and was, for a long time, one of the leading members of the Jersey delegation. His industry, abilities and perseverance in the business of committees, and his plain, clear view of general measures rendered him a valuable member of the house, while his patriotism and integrity attracted the respect and admiration of his colleagues. "During this long period of service his necessary intimacy with the proceedings of congress and the course and nature of the arduous and protracted affairs, which frequently demanded a great extent of memory and attention, rendered him an active and useful member." During this time he was, also, a member of the state legis- lature and was the author of a measure known as "Clark's Law," to simplify the practice in New Jersey. "Mr. Clark possessed the reputation of being a rigid econo- mist in all things relating to the public treasure. Having, dur- ing the impoverished state of the country, strongly opposed a proposition of communication for pay made in behalf of the of&cers of the revolutionary army, they became his decided enemies and united their influence with the legal interest in opposing his popularity. In justification of the course which he had pursued he maintained that he, as well as many other civil officers, had cheerfully sacrificed a large share of property and domestic enjoyment for the public benefit, and that he con- sidered the officers of the army, in common with himself, his 133 THE CONSTITUTION AND ITS FEAMEES family, and all others, as fully compensated for years of suf- fering and privation by the result of the contest." He was a delegate to the Annapolis convention, one of the first and most constant advocates for a more stable and efficient national government and was elected a delegate to, but re- fused to attend, the constitutional convention. His opposition to the constitution as first submitted, and until the amendments thereto were adopted, with his stand on other matters, for a while kept him out of public station, but he was elected to the house of representatives in the second congress of the United States, and remained an active member of that house until near the close of his life. He was one of the most influential supporters of Madison's memorable resolutions in 1794 relative to American commerce, and took a distinguished part in the long and exciting debate that resulted over them. His own resolution to prohibit all intercourse with Great Britain until our citizens were compensated for injuries sus- tained by British armed vessels, and the western posts given up, passed the house and was defeated in the senate by the vote of Vice-President Adams, there being a tie in the vote of the senators. "Patriotism was the most distinguishing trait in the charac- ter of this plain and pious man. In private life he was reserved and contemplative ; preferring retirement to company, and reflection to amusement, he appeared to be continually ab- sorbed in the affairs of the public. Limited in his circum- stances, moderate in his desires, and unambitious of wealth, he was far from being parsimonious in his private concerns, although a rigid economist in public affairs. His person was of the common height, his form slender, and his eyebrows heavy, which gave an appearance of austerity to his coun- tenance. His habits were extremely temperate, and his manner thoughtful and sedate." He died of sunstroke, September 15, 1794, and his tomb at Rahway, where he died, bears this inscription : THE SIGNERS OF TITE DECLARATION" 133 "Firm and decided as a patriot, Zealous and faithful as a friend to the public, He loved his country, And adhered to her cause In the darkest hours of her struggles against oppression. ' ' For Pennsylvania. Robert Morris. (See Framers of the Constitution, page 351.) Benjamin Rush. Every calling, creed and civilization contributed to the achievement of our independence. As the fires of Corinth melted the various metals wrought into her buildings and fused them into the new and hitherto unknown metal called Corinthian brass, so the fires of American patriotism fused into a new and distinct American character the liberty-loving people of every clime and tongue. The great-grandfather of Benjamin Rush served creditably as captain of cavalry under Cromwell, and when the monarchy was restored came to Pennsylvania about the time William Penn started its settlement. He was born at Philadelphia, December 29, 1745. His father's death, when he was six years old, left him and a younger brother to his mother's care. This revolutionary mother displayed what history so often tells of woman's worthy work. She removed from her little farm to Phila- delphia, and went into a small commercial business to educate and prepare her sons for useful life. She, herself, taught them the rudiments of English, and when Benjamin was nine years of age sent him to the school at Nottingham, Maryland, con- ducted by his uncle, the celebrated Dr. Findley, afterwards president of the college at Princeton. The moral as well as mental instruction of this great man made a lasting impression on his, to-be, distinguished pupil. At the age of sixteen he graduated at Princeton, and was 134 THE CONSTITUTION AND ITS FRAMERS induced by Dr. Findley to study medicine under the eminent Dr. Redman of Philadelphia. During the six years he spent with Dr. Redman he said he missed only two days from con- stant duty. As has been said so often, genius is only another name for hard work ; for constant, steady application. After attending a course of lectures by Dr. Shippen, the first course of medical lectures delivered in the colonies, he spent two years at Edinburgh, Scotland, the medical school there being the most celebrated in Europe. "While there he formed an intimate friendship with Dr. Witherspoon that was cherished by both for a lifetime, and joined in the efforts of Richard Stockton to induce that co-signer of the Declaration to come to America and accept the presidency of the college at Princeton. The winter of 1768 he spent in attending the hospitals and medical lectures in London, and followed this with a year's similar experience in Paris, when he returned home. The edu- cational value of this, as of all travel by an observing person, was incalculable. It refined his native gifts and made him a gentleman of rarest polish. His genial nature and affable and polished address soon made him a social favorite. The sunshine that he carried into the sick-room so cheered his patients that the influence of mind over body, of the elevation of spirits, aided his treatment and made all the more efiicacious what was administered. There is much in inspiring the faith, stimulating the courage and allaying fear, as well as in drugs, in medical treatment. The yellow fever epidemic in Philadelphia in 1793 was one of the most malignant and horrible scourges that ever af- flicted it, and gave him conspicuous reputation. The entire business of the city was abandoned, and at one time there were only three physicians to attend over six thousand sufferers. His labors were incessant, regardless of personal risk or com- pensation. His labors rose to the height of the loftiest humanity. His health broke down, and he was entreated to leave to save his own life. He replied, '^That he would not THE SIGNERS OF THE DECLARATION I35 abandon the post which Providence had assigned him ; that he thought it his duty, not only to sacrifice pleasures and repose, but life, if necessary, for the safety of his patients." For his course in that epidemic and his writings upon the treatment of yellow fever, the celebrated Dr. Zimmerman, of France, said: "He conducted himself with such distinguished merit that, not only the city of Philadelphia, but all humanity, should join in building a monument to him." For these, in 1805, the King of Prussia and Queen of Etruria each gave him a gold medal, and the Emperor of Russia a diamond ring, while innumerable distinguished so- cieties made him an honorary member. Yet he met with the reward so often paid achievement. In private circles and public print he was denounced with all the scurrilous venom that malice and jealousy could invent, stig- matized as a murderer, threatened with prosecution and ex- pulsion from the city, until, at last, he was compelled to appeal to the law for protection. His treatment of other diseases, especially of the lungs, was equally efficacious and progressive. These achievements brought him into demand as an in- structor. From a small class the attendance grew until, in 1812, more than four hundred and fifty pupils attended at one time, and more than two thousand who attended his lectures spread over his own and other countries to extend his teach- ings and his fame. In 1769 he was chosen professor of chemistry in the College of Philadelphia ; in 1789, to the chair of the theory and prac- tice of medicine ; in 1791, when this became the University of Pennsylvania, professor of the institutes of medicine and clini- cal practice, and, in 1786, of the practice of physics. His lectures were not only the wise instruction of trained culture and practical experience, but so happily delivered and couched in such felicitous phrase that he charmed as well as instructed his hearers. He founded the first dispensary in the United States and 136 THE CONSTITUTION AND ITS FRAMERS was one of the founders and president of the Philadelphia Medical Society. His profession has perpetuated his memory in the celebrated Rush Medical College, of Chicago, Illinois, and in other medi- cal colleges of similar name- in many of our cities. Nor in medicine alone did he win distinction. He was the principal agent in founding Dickinson College ; founder and vice-president of the Philadelphia Bible Society ; vice-president of the American Philosophical Society, of the Society for the Abolition of Slavery, and a member of many such organizations in America and Europe. His published writings comprise seven volumes, one of which is a collection of essays on philosophy, morals and literature. Said Dr. Ramsey: "It is a matter of wonder how a physician who had so many patients to attend, a professor with so many pupils to instruct, could find leisure to write so much, and at the same time so well." His life well points the epigram: "When you wish something done, and well done, go to a busy man to do it." Ail intimate and esteemed friend of most of the revolu- tionary leaders, and his sympathies enlisted to the utmost in the claims of colonial rights, he became an influential writer for and molder of public opinion in behalf of the assertion of American rights. He was elected to the Continental Congress in July, after the Declaration of Independence was adopted, but under a rule of the congress was permitted to sign it. In 1777 he was appointed physician general of the military hospitals. He was a member of the Pennsylvania convention to consider the ratification of the constitution of the United States, wherein he gave the best of his efforts and influence in favor thereof; and for fourteen years was president of the government mint at Philadelphia. He was an influential advocate for the establishment of free schools throughout the country, for the abolition of capita] punishment, and did much to secure its repeal in Pennsylvania THE SIGNERS OF THE DECLARATION 137 for all crimes except murder in the first degree ; for moral, as the basis of all mental instruction, as a necessity for repub- lican institutions, dependent as much, if not more, upon public virtue than any other attribute or acquisition of man ; and for temperance and abstention from the use of all narcotics and stimulants, whose enervating effects he portrayed with graphic force. He was as noted for his sincere and unostentatious piety, for his faithful observance of religious duties and Christian obligations, as for his great and varied learning and tireless industry. The church had no more devoted or constant wor- shiper. He was tall, slender but well porportioned, had an uncom- monly large and prominent forehead, Roman nose, blue eyes, expressive mouth and features. After a brief illness he died of typhus, or spotted fever, then epidemic in Philadelphia, on April 19, 1813. Benjamin Franklin. (See Framers of the Constitution, page 326.) John Morton. The ancestors of John Morton were among the first Swedish settlers who located on the Delaware river, and spelled their name Morten. He was born in 1724, near Ridley, in the county of Chester, then part of Pennsylvania, now Delaware. He spent only three months in school but was tenderly cared for and instructed by his step-father, John Sketchley, and followed the occupations of farmer and surveyor. In 1764 he was appointed a justice of the peace and soon after elected to the general assembly of Pennsylvania, of which, for a number of years, he was a member and speaker. With John Dickinson and George Bryan he was sent as a delegate from Pennsylvania to the Stamp Act Congress in 1765 and, on his return, elected sheriff of the county. His self-education had undoubtedly been superior, for he was chosen president-judge of the court of quarter sessions 138 THE CONSTITUTION AND ITS FEAMEES and common pleas and appointed one of the judges of the supreme court of Pennsylvania. In July, 1774, he was chosen a delegate from Pennsylvania to the Continental Congress, again in 1775, while speaker of the Pennsylvania Assembly, and again in 1776. Pennsylvania had voted against making the declaration of independence and the vote of her five delegates stood two for and two against it. His vote decided the vote of his state, and so decided the vote in favor of that immortal measure. This act alienated many of his friends. On his death bed he told his family that his vote for independence would prove to be the most illustrious act of his life. So it proved to be. He was chairman of the committee of the whole in organiz- ing the confederation under the articles agreed to in congress in 1777. By sheer force of industrious application this unschooled plowboy rose from the furrow to a seat in the highest court of his state, to the presiding office in its assembly, to member- ship in the great congress of his country, where, by his vote was decided the most momentous question in American his- tory. The alienation of his friends on account of this heroic act of courageous patriotism preyed upon his sensitive nature and was believed to have hastened his death, which occurred at his birthplace in April, 1777. All honor to his memory ! George Clymer. (See Framers of the Constitution, page 319.) James Smith. James Smith was the most peculiar character of all the signers of the Declaration of Independence. He was born in Ireland, in 1720, according to some author- ity, in 1713, to others. His exact date. of birth he would never tell. His father brought the family to Pennsylvania about 1730, THE SIGNERS OF THE DECLARATION I39 acquired a considerable estate and educated this son at the College of Philadelphia. He studied law and as soon as admitted to the bar removed to the western part of the state, where he acquired extensive landed interests, and finally settled at York, where for many years he was the only lawyer. He was famous for his wit and humor, his droll anecdotes and his contempt for the pedantic. At the beginning of the revolution he was well advanced in years, possessed of considerable property, and largely in- terested in the manufacture of iron, as well as a lawyer of ex- tensive practice. Being sent as a delegate from York to the provincial con- vention to consider the state of affairs in 1774, and composed of the best talent of the province, he differed from the too pacific tone of Dickinson and other leaders, returned home to raise and become captain of the first volunteer troops raised in Pennsylvania to resist the soldiers of Great Britain, and when they increased to a regiment was elected their colonel. At the next state convention in January, 1775, he warmly supported the resolution: "If the British administration should determine by force to effect a submission to the late arbitrary acts of the British parliament, in such a situation we hold it our indispensable duty to resist such force, and at every hazard to defend the rights and liberties of America." He was far in advance of his associates in advocating inde- pendence. When that convention in November 1775 passed the resolution instructing the state's delegates in congress to oppose "separation from our mother country, or a change of this form of government," his active opposition to it brought him into special prominence. He was one of the leaders in the convention of June, 1776, in which Dr. Benjamin Rush proposed and he seconded the resolution instructing Pennsylvania's delegation in the con- gress to vote for independence, and on the same day was ap- 140 THE CONSTITUTION AND ITS FRAMEES pointed with Dr. Kush and Colonel Bayard to raise a corps of military for the protection of Philadelphia. On July 20, 1776, he was elected to congress, but retained his seat in the state convention until the following August, when he entered congress and signed the declaration. These colony or state instructions, binding their delegates and varying in tenor, did much throughout the whole war to hinder not oiily the Declaration of Independence, but many important and needful measures. In March, 1777, he declined a reelection to congress, but the grave turn in affairs induced him to accept it in December of that year. He continued a member until the last of the year 1778, when he permanently retired from political life. He was a man of deep religious conviction and would never tolerate a jest upon sacred subjects in his presence. His love for and veneration of "Washington was a marked characteristic. "With all the fierce and fearless courage of his race he instantly resented any insinuation against the goodness or greatness of the "first American." For over sixty years he was in active practice as a lawyer, and died at York, Pennsylvania, the oldest and longest in service of the Pennsylvania bar, July 11, 1806. George Taylor. George Taylor was born in Ireland in 1716, the son of a clergyman, who gave him an excellent education and was pre- paring him for the practice of medicine, when he suddenly emigrated to Pennsylvania. He had left home penniless, and when he reached America bound himself for a term of years to a man by the name of Savage, in order to pay the expenses of his passage from Ireland, and was known as a "redemp- tioner." In him, therefore, the humblest labor of the country had its representative among the signers of the Declaration of Independence. His employer put him to work shoveling coal into the fur- naces. His blistered hands showed that he was unaccustomed THE SIGNEES OF THE DECLARATION 141 to such hard labor. This attracted the sympathy of the master and his intelligence that master's regard, who promoted him to a clerkship. His ability soon made him one of the most im- portant of the employees. Upon the death of Mr. Savage, Taylor married his widow, and amassed a large fortune in the manufacture of iron. He was a member of the Pennsylvania assembly from 1764 to 1770, and judge of the Northumberland county court. In the legis- lature and in the Continental Congress, to which he was sent in 1776, he was known as one of the quiet but industrious mem- bers who could be counted upon for diligent committee work. He was not in the congress when the vote was taken upon declaring independence, but entered the congress in company with George Ross, George Clymer, James Smith and Dr. Benja- min Eush, and signed it after it was engrossed. He died at Easton, Pennsylvania, February 23, 1781. James Wilson. (See Framers of the Constitution, Page 360.) George Ross. George Ross, son of an Episcopal minister, was born at Newcastle, Delaware, in 1730; was the product of his father's home education, became a lawyer and located at Lancaster, Pennsylvania, then a frontier town, where he was appointed prosecutor for the king. He entered the Pennsylvania assembly in 1768 and con- tinued a member until 1774, when he was sent to the Continen- tal Congress, in which he was a member until ill health forced his resignation in 1777. On his return home he declined the presentation of a mag- nificent set of plate tendered by his constituents for his services in the assembly and Continental Congress, on the ground that his services were over-rated by his fellow citizens; that in bestowing them he had been impelled solely by his sense of duty, and that every man should contribute all his energy to promote at such a period the public welfare, without expecting pecuniary rewards. 143 THE CONSTITUTION AND ITS FRAMERS His special service was in the Pennsylvania assembly, Grov- ernor Penn and many of the members opposing independence, Ross, among other leading members, advocating it. His serv- ices on various committees to raise and equip troops, and pre- pare the many legislative measures to enable his state to do its part in the struggle, were as important as those rendered by many in the national congress. In 1779 he was appointed a judge of the Pennsylvania court of admiralty, but lived to discharge his duties as such for but a few months, dying at Lancaster, Pennsylvania, in July, 1779. Says a distinguished contemporary: "In his domestic habits he was kind, generous and much beloved; in his professional career zealous and honorable ; as a politician always active and honorable; an honest man and an upright judge." For Delaware. Caesar Rodney. Caesar Rodney, born at Dover, Delaware, October 2, 1728, was the descendant of the De Rodeney family, one of the old and historical members of the British nobility. He inherited a considerable fortune, commenced his official life as sheriff and then was elected judge of all the lower courts of Kent county. He was a member of the Delaware assembly in 1762, as- sociated with Thomas M'Kean on its most important commit- tee, that of correspondence ; one of Delaware 's representatives in the Stamp Act Congress, and with M'Kean and George Read prepared the address to the king on the repeal of the stamp act. In the Delaware assemblies from 1766 to 1768 he vigorously supported the bill, that was defeated, to prohibit the importa- tion of slaves into the state. In the growing contest between the American people and parliament he was chosen by the assembly to prepare the ad- dress to the king, which closed as follows: THE SIGNERS OF THE DECLARATION 143 "The sense of our deplorable condition will, we hope, plead with your majesty in our behalf for the freedom we take in dutifully remonstrating against the proceedings of a British parliament, confessedly the wisest and greatest assembly upon earth. But if our fellow-subjects of Great Britain, who derive no authority from us, who cannot in our humble opinion repre- sent us, and to whom we will not yield in loyalty and affection to your majesty, can, at their will and pleasure, of right give and grant away our property ; if they can enforce an implicit obedience to every order or act of theirs for that purpose, and deprive all or any of the assemblies on this continent of the power of legislation, for differing with them in opinion in matters which intimately affect their rights and interests, and every thing that is dear and valuable to Englishmen, we can- not imagine a case more miserable; we cannot think that we shall have even the shadow of liberty left. "We conceive it to be an inherent right in your majesty's subjects, derived to them from God and nature, handed down from their ancestors, and confirmed by your royal predecessors and the constitution, in person or by their representatives, to give and grant to their sovereign those things which their own labors and their own cares have acquired and saved, and in such proportions, and at such times, as the national honor and interest may re- quire. Your majesty's faithful subjects of this government have enjoyed this inestimable privilege uninterrupted from its first existence till of late. They have at all times cheerfully contributed, to the utmost of their abilities, for your majesty's service, as often as your royal requisitions were made known ; and they cannot now, but with the greatest uneasiness and dis- tress of mind, part with the power of demonstrating their loyalty and affection to their beloved king." This feeling and humble address is but one of similar tenor sent the king from each and all of the colonies. They show, beyond all cavil or question, how reluctant the colonies were to sever their relations with Great Britain; how they strove to avoid the last dread step of throwing off the galling yoke 144 THE CONSTITUTION AND ITS FEAMEES by setting up an independent government of their own. Strange, strange indeed, that such loyal appeals should have met with deaf ears; that the eyes of the British ruler should have been so blinded ; his hearty his judgment so at fault. In 1769 he was elected speaker of the Delaware Assembly. This position he held for several years. He was also made chairman of the committee on correspondence with the other colonies, whereby he made the intimate acquaintance of the leading men of all the colonies. In 1774 he was sent to the Continental Congress, and while there appointed brigadier general of the Delaware troops. While away from congress in 1776, engaged in the most important mission of arousing the people of his state to pre- pare for the crisis he saw was coming, he received an urgent call from Thomas M'Kean to return to his seat in the congress, as every vote was needed to secure the adoption of the resolu- tion to declare independence. He left posthaste, arriving just in time to east his decisive vote in favor of it, making, as he wrote, 'Hhe important day which restores to every American his birthright, a day which every freeman will record with gratitude, and the millions of posterity read of with rapture. ' ' There were many in Delaware who opposed independence, and this heroic act cost him and Thomas M'Kean their seats in the next congress. He then turned his entire attention to raising and equip- ping the Delaware troops. His efficient efforts brought this letter from Washington in February, 1777 : "The readiness with which you took the field at the period most critical to our affairs, the industry you used in bringing out the militia of the Delaware state, and the alertness ob- served by you in forwarding on the troops from Trenton, re- flect the highest honor on your character and place your attachment to the cause in the most distinguished point of view. They claim my sineerest thanks, and I am happy in this opportunity of giving them to you." Just at this time he was elected to, but declined, the posi- THE SIGNEES OF THE DECLAEATION 145 tion of judge of the supreme court of Delaware, in order to serve his country as a soldier, and became one of the most trusted of Washington's aids. In 1778 the patriots of Delaware gained the ascendancy and again sent him to congress, but he remained in the state as- sembly to secure needed legislation by it, when he was elected president of the state. This important office he held for four years, rendering a helpful service beyond what he could have done in congress or the military field. ''By his firm and liberal conduct he secured the universal esteem of every portion of the people, and by the decided tone of his measures he increased the strength and augmented the resources of the general government. At length, however, fatigued with the arduousness of his duties, he determined to retire from office, and in the year 1782 declined a reelection. His constituents, however, would not permit him to retire from public life, for he was immediately chosen a delegate to con- gress, as he also was in the succeeding year." His impersonal hostility to the country's foes and his humanity was shown by his conduct while governor in this incident : The indiscreet activity of a leading Tory so infuriated the community that a mob was organized to lynch him. Rodney heard of it and had him brought to his own house. The mob assembled before the house and demanded the Tory. Rodney calmly appeared before them, told them, as the Tory had sur- rendered to him, he would see that justice was done in a legal way, but would protect him until that was done. The mob took the governor's word and dispersed. He was so grievously afflicted with cancer of the face that for many years he had to conceal the disfiguration by wearing a green cloth. Despite his affliction he was noted for his good humor and vivacity and exceeding fondness of a joke. The delegates from Virginia were prone to plume them- selves on the greatness of their, then, most populous state. These eulogies their associates sarcastically designated as 146 THE CONSTITUTION AND ITS FEAMEES dominionism. On one occasion, when Virginia was about to be invaded, Benjamin Harrison, stout of frame and of athletic build, was imploring that hurried aid be sent, and pictured the "Old Dominion" as destitute of every means for defence. The congress was amazed at this statement from a Virginia delegate. Rodney, pale and emaciated to skeleton thinness, rose in his peculiar way, began with a crocodile sympathy to deplore the melancholy and prostrate condition of his neigh- boring, extensive and heretofore "powerful" state of Vir- ginia. "But," said he, in a voice elevated an octave higher than concert pitch, "let her be of good cheer; she has a friend in need; Delaware will take her under its protection and insure her safety." Harrison was astounded, but joined (for he relished a good hit, for or against him) in the laugh; and the subject lay over to another day. The fatal cancer was then fast consuming his life. Yet his iron will sustained him until he saw independence realized, his country triumphant. Universally beloved and mourned, he died at Dover Dela- ware, June 29, 1784. George Read. (See Framers of the Constitution, page 389.) For Delaioare. Thomas M'Kean. Thomas M'Kean, son of an Irish emigrant, was born near New London, Pennsylvania, March 19, 1734, and was educated at the celebrated school of Dr. Allison at New London. He supplemented a course of study in a law office by two years as deputy to the prothonotary of the court of common pleas, where he acquired a practical knowledge of legal pro- cedure that enabled him to rapidly advance in his profession. In 1756 the attorney general of Pennsylvania surprised him with the appointment as king's attorney for Sussex county, Delaware, and in 1757 he was elected clerk of the Pennsyl- THE SIGNERS OF THE DECLAEATION 147 vania assembly, his first intimation of the honor being a notice from Benjamin Chew, the speaker, of his election. In 1762 he was selected with Caesar Rodney, by the legis- lature, to revise the laws of the state of Delaware, and in the same year elected to the assembly, to which he was reelected for seventeen successive years, though repeatedly endeavoring to escape a reelection. Having achieved the reputation of being one of the most famous lawyers and legislators of his state, he, with Caesar Rodney, was sent as a delegate from Delaware to the Stamp Act Congress in 1765, where, with Thomas Lynch and James Otis, he framed the address of the colonies to the British par- liament. His denunciation of Timothy Ruggles, the Tory president of this congress, for refusing to sign this address, on the ground that it was against his conscience, was so bitter that it provoked a challenge to a duel, but the members of the con- gress prevented it. On their return he and Rodney received the unanimous vote of thanks of the Delaware assembly, and he was elected a judge of the court of common pleas and quarter sessions. In Novem- ber, 1765, he was a member of this court that ordered all its officers to use unstamped paper in their duties, the first court of the colonies to make such order. In 1771 he was appointed by the king's commissioners col- lector of the port of New Castle ; in 1772 was elected speaker of the house of representatives. His active opposition to British aggression had already made him a conspicuous character when he was elected to the first Continental Congress, and, it is claimed, he was the only man whose service continued unbroken in congress from the first until peace was declared in 1783. Another remarkable circumstance was that, while he repre- sented the state of Delaware in and was at one time president of the congress, from 1777 he held the office and discharged the duties of chief justice of Pennsylvania. His is the only 148 THE CONSTITUTION AND ITS FKAMERS instance in our history where two states at the same time kept the same man in highest public station. His eminent abilities as jurist and legislator caused his ap- pointment upon many important committees, notably that to prepare the Articles of Confederation. He was one of the most zealous advocates for the Declara- tion of Independence. His name did not appear in the jour- nals of the congress, which he explains in this letter of his- toric value : "Philadelphia, September 26th, 1796. "Sir: Your favor of the nineteenth instant, respecting the Declaration of Independence, should not have remained so long unanswered if the duties of my office of chief justice had not engrossed my whole attention while the court was sitting. "For several years past I have been taught to think less unfavorably of scepticism than formerly. So many things have been misrepresented, misstated, and erroneously printed (with seeming authenticity) under my own eye, as in my opinion to render those who doubt of every thing not alto- gether inexcusable. The publication of the Declaration of Independence on the fourth of July, 1776, as printed in the Journals of Congress (vol. ii, p. 241) and also in the acts of most public bodies since, so far as respects the names of the delegates or deputies who made that declaration, has led to the above reflection. By the printed publications referred to, it would appear as if the fifty-five gentlemen, whose names are there printed, and none other, were on that day personally present in congress and assenting to the declaration ; whereas, the truth is otherwise. The following gentlemen were not members of congress on the fourth of July, 1776, namely: Matthew Thornton, Benjamin Rush, George Clymer, James Smith, George Taylor and George Ross. The five last named were not chosen delegates until the twentieth day of thai month; the first not until the twelfth day of September fol- lowing, nor did he take his seat in congress until the fourth of November, which was four months after. The Journals of THE SIGNERS OF THE DECLARATION 149 Congress (vol. ii, p. 277 and 442) as well as those of the as- sembly of the state of Pennsylvania (p. 53) and of the general assembly of New Hampshire, establish these facts. Although the six gentlemen named had been very active in the American cause, and some of them, to my own knowledge, warmly in favor of independence, previous to the day on which it was declared, yet I personally know that none of them were in congress on that day. "Modesty should not rob any man of his just honor, when by that honor his modesty cannot be offended. My name is not in the printed Journals of Congress, as a party to the Declaration of Independence, and this, like an error in the first concoction, has vitiated most of the subsequent publications, and yet the fact is that I was then a member of congress for the state of Delaware, was personally present in congress, and voted in favor of independence on the fourth of July, 1776, and signed the declaration after it had been engrossed on parch- ment, where my name, in my own handwriting, still appears. Henry Wisner, of the state of New York, was also in congress, and voted for independence. "I do not know how the misstatement in the printed jour- nal has happened. The manuscript public journal has no names annexed to the Declaration of Independence, nor has the secret journal; but it appears by the latter that on the nineteenth day of July, 1776, the congress directed that it should be engrossed on parchment, and signed by every mem- ber, and that it was so produced on the second of August, and signed. This is interlined in the secret journal, in the handwriting of Charles Thompson, esquire, the secretary. The present secretary of state of the United States and myself have lately inspected the journals and seen this. The journal was first printed by Mr. John Dunlap, in 1778, and probably copies, with the names then signed to it, were printed in August, 1776, and that Mr. Dunlap printed the names from one of them. "I have now, sir, given you a true, though brief, history of 150 THE CONSTITUTION AND ITS FEAMERS this affair ; and, as you are engaged in publishing a new edition of the Laws of Pennsylvania, I am obliged to you for afford- ing the favorable opportunity of conveying to you this in- formation, authorizing you to make any use of it you please. "I am, sir, with particular esteem, "Your most obedient servant, "THOMAS M'KEAN. "Alexander James Dallas, Esq., "Secretary of State for Pennsylvania." Immediately after the vote in favor of declaring inde- pendence, M'Kean, with a Philadelphia regiment, of which he was Colonel, joined the army under Washington in New Jersey, and was in active service for several months. During the year 1777 he filled the dual offices of president of the state of Delaware and chief justice of Pennsylvania. The latter exalted station he continued to hold for twenty-two years. During his long congressional service, he never received in any year sufficient salary to cover his expenses of the year, and during the years 1779 and 1780 was not offered and did not receive a cent. This at a time, too, when his eminent ability and wide-spread fame would easily have secured the most lu- crative law practice in the country. He vainly besought the legislature of Delaware to elect some other in his stead to congress, but over his repeated re- quests was again and again elected. Yet his high positions, though unsought and actually forced upon him, were not held free from the shafts always hurled at those who do things. The jealous envy that dawdles and dreams is always active in carping criticism of achievement. Its energy never uplifts self or fellow, but is exhaustless in effort to drag down and destroy. The press was filled with denunciation of his holding dual positions and from different states. In holding high official station in two states, his position THE SIGNERS OF THE DECLARATION 151 was unique, but many eminent men held two or more official seats at the same time in the same state. One of the most notable of these was Roger Sherman, of Connecticut. At the same time the following statesmen served in congress and as chief justice in their states, William Henry Drayton, in South Carolina ; William Paca, in Maryland ; John Jay, in New York, and Samuel Huntington, while president of the Continental Congress, was a judge of the supreme court of Connecticut, while many other members of congress held judicial or legis- lative offices at the same time in their respective states. As chief justice his decisions at times clashed with public sentiment, and showed his courage as well as impartial fair- ness, superior to praise or clamor. When the British took Philadelphia two Americans, Roberts and Carlisle, entered the royal service. They were captured, tried in 1778 for treason, convicted and executed. His ruling in their case meant certain death if the revolution failed, or he should be taken by the enemy. On the other hand, his decision in 1781 in favor of Samuel Chapman, who was attainted for treason (1 Dallas, 53), and in allowing the writs of habeas corpus in favor of some twenty persons confined on treasonable charges were in direct con- flict with the feelings of his own infuriated people, and his own state executive authority. His upholding the civil against the military authority was one of the most notable that ever occurred in our history. He had issued a warrant for libel against Colonel Robert L. Hooper, who applied to the famous General Nathaniel Greene to know if he should respect it. General Greene wrote to Judge M 'Kean that he could not, without great necessity, con- sent to Colonel Hooper's absence in obedience to the warrant. From the judge, who was as devoted patriot as Greene, as well as one of the warmest admirers of that great soldier, came the following stinging reply: 152 THE CONSTITUTION AND ITS FEAMEES ''Yorktown, June 9, 1778. ''Sir: I have just now received your favor of the third instant, and am not a little surprised that the sheriff of Northampton county should have permitted Colonel Robert L. Hooper, after he was arrested by virtue of my precept, to wait upon you, until he had appeared before me. "You say, sir, 'Colonel Hooper waited upon me to communi- cate his situation, and to know if the circumstances of the army would admit of his absence ; but, as the army is just upon the wing, and part of it will, in all probability, march through his district, I could not, without great necessity, consent to his being absent, as there is no other person that can give the necessary aid upon this occasion.' "I do not think, sir, that the absence, sickness, or even death, of Mr, Hooper, could be attended with such a conse- quence that no other person could be found who could give- the necessary aid upon this occasion; but, what attracts my attention the most, is your observation that you cannot, with- out great necessity, consent to his being absent. As to that, sir, I shall not ask your consent, nor that of any other per- son, in or out of the army, whether my precept shall be obeyed or not, in Pennsylvania. "The warrant for the arrest of Mr. Hooper being special, no other magistrate can take cognizance thereof but myself. The mode you propose, of giving bail, cannot be adopted, for many reasons. "I should be very sorry to find that the execution of criminal law should impede the operations of the army, in any instance; but much more so, to find the latter impede the for- mer. "I am, sir, with great respect, "Your most obedient humble servant, "THOMAS M'KEAN. "Major-General Greene." THE SIGNERS OF THE DECLARATION 153 By his eminent biographer this was said of his judicial career : "Mr, M'Kean industriously devoted himself to the dis- charge of the duties of chief justice until the year 1799, when he was elected governor of the commonwealth of Pennsylvania. In all the qualifications of the judge, it may, without hesita- tion be said that he had few equals in this, or any other country. The dignity which the supreme court of Pennsyl- vania preserved, and the reverence which it inspired, while he presided over it, and his judicial opinions, at a period when the law of the state was unsettled, and when a master mind was requisite to reduce it to a system, have established for him the reputation of being one of the ablest lawyers of his country. His memory is, to the present day, held in profound respect and veneration in the courts of justice, and successive judges have, by their unvarying testimony, given unfading lustre to his judicial fame. 'Chief Justice M'Kean,' observes a late judge of the supreme court of Pennsylvania, 'was a great man ; his merit in the profession of the law, and as a judge, has never been sufficiently appreciated. It is only since I have been upon the bench that I have been able to conceive a just idea of the greatness of his merit. His legal learning was profound and accurate. "The lucidity of his explication, and the perspicuity of his language, which is the first excellence in the communication of ideas, was perfect; but I never saw equalled his dignity of manner in delivering a charge to a jury, or on a law argument, to the bar. But what is still more, his comprehension of mind in taking notes, so as to embrace the substance, and yet omit nothing material, has appeared to me inimitable.' " While not a member of the Constitutional Convention, his work and influence in favor of its adoption was as important and salutary as if he had been. He was a member of the Pennsylvania convention called to ratify or reject it. With James Wilson, he led the members 154 THE CONSTITUTION AND ITS FEAMEES who favored its adoption, closing his masterly argument with this simple, yet clear and forceful summary: "I. If you do it, you strengthen the government and people of these United States, and will thereby have the wisdom and assistance of all the states. "II. You will settle, establish and firmly perpetuate our independence, by destroying the vain hopes of all its enemies, both at home and abroad. III. You will encourage your allies to join with you; nay, to depend, that what had been stipulated or shall hereafter be stipulated and agreed upon, will be punctually performed ; and other nations will be induced to enter into treaties with you. ''IV. It will have a tendency to break our parties and divisions, and by that means, lay a firm and solid foundation for the future tranquillity and happiness of the United States in general, and of this state in particular. "V. It will invigorate your commerce, and encourage ship building. "VI. It will have a tendency, not only to prevent any other nation from making war upon you, but from offering you any wrong, or even insult. "In short, the advantages that must result from it are obviously so numerous and important, and have been so fully and ably pointed out by others, that it appears to be un- necessary to enlarge on this head. "The law, sir, has been my study from infancy, and my only profession. I have gone through the circle of office, in the legislative, executive and judicial departments of govern- ment; and from all my study, observation and experience, I must declare that from a full examination and due considera- tion of this system it appears to me the best the world has yet seen. "I congratulate you on the fair prospect of its being adopted, and am happy in the expectation of seeing ac- complished what has been long my ardent wish — that you will THE SIGNERS OF THE DECLARATION I55 hereafter have a salutary permanency in magistracy, and stability in the laws. ' ' In 1789 he was elected to the convention to revise the Con- stitution of Pennsylvania, and was made chairman, when that body resolved itself into a committee of the whole to pre- pare that important document. This kept him much from the floor, but his advocacy of two houses, instead of the one there- tofore known ; the independence and distinct demarcations of the powers of the executive, legislative and judicial depart- ments met with success. The provision therein, "for the establishment of schools throughout the state, in such manner that the poor may be taught gratis," was made on his proposition. He was progressive, yet prudently conservative, and one of his utterances in this day of so much legislation may well be recalled : "I dislike innovations, especially in the administration of justice, and I would avoid tampering with constitutions of government as with edge-tools." On his retirement from the chair it was resolved by unani- mous vote, "that the thanks of the committee be given to the honorable Mr. M'Kean, for his able and impartial conduct, while chairman thereof." On his election to the governorship the people of Philadel- phia presented him with an address concluding with this testimony of his w^orth : "In an integrity, which has stood the test of half a century, and in a firmness that neither cabal nor faction has been able to shake, and in principles which stood unmoved amid the trials and perils of a revolution, we cannot but rely with confidence. On you, sir, not only the eyes of republican Pennsylvania, but the eyes of the republicans throughout the union, are fixed; on you, a momentous trust has devolved, which engages all their attention and affections, and it is with pride, with honest pride, we avow our confidence, that the chief magistrate of 156 THE CONSTITUTION AND ITS FEAMEES Pennsylvania will exhibit to the United States an illustrious example." During his term as governor party spirit ran high, and he was partisan in his removals from office. An effort was made to impeach him, but failed. He was earnestly solicited to become a candidate for vice president in 1804, but declined the use of his name. Having served as governor for nine years he retired from public life in 1808, his only part thereafter being in 1814, when a public meeting was called to express the public sentiment over our second war with Great Britain, and, as chairman of which he made the only address, with all the patriotic fire of his young manhood, closing with, ''there are now but two parties, our country and its invaders." His intimacy and friendly correspondence with the great men of the revolution was lifelong. John Adams wrote in 1824: "Thomas M'Kean and Caesar Kodney were among the Patrick Henrys, the Christopher Gadsdens, the Thomas Jeffer- sons, the Samuel Adams, the Roger Shermans — the best tried and firmest pillars of the revolution." Thomas Jefferson: "He was among the soundest, firmest and most zealous of republicans with whom it has been my fortune to act through life." He was conferred the degree of LL.D. by Princeton and Dartmouth colleges, was a member of the Philadelphia Society for the Promotion of Agriculture, of the Society of Cincin- nati, a trustee of the University of Pennsylvania, and president of the Hibernian Society. In person he was tall, erect and well proportioned, with great firmness of countenance and dignified manners. He was twice married. He outlived the hostilities of a heated and conspicuous pub- lic career of over half a century, and when beyong eighty-three years of age, died at Philadelphia, June 24, 1817, was mourned THE SIGNERS OF THE DECLARATION 157 by the entire country for whose liberties he had staked his life. For Maryland Samuel Chase Samuel Chase was born in Somerset, Maryland, April 17, 1741, and died June 19, 1811. He was a member of the Colonial Legislature for twenty years, a member of the Maryland committee of correspondence, and of the Continental Congress from 1774 to 1779. He was most efficient in changing the sentiment of Maryland, se- curing the repeal of the instructions given the delegation from that state to vote against independence, and an instruction that authorized him and his colleagues to vote for the declaration. He was judge of the Maryland criminal court, chief justice of that state's superior court, and a justice of its supreme court. His life was an eventful and stormy one. While judge of the criminal court at Baltimore, two very popular men were arrested and refused to give bail. Judge Chase ordered the sheriff to summon a posse comitatus and take them to jail. The sheriff reported that all whom he summoned refused to serve. ''Summon me, then," ordered the judge. The sheriff obeyed, and the judge left the bench, seized the rebellious prisoners and was marching them to jail, when they took dis- cretion to be the better part of valor and gave the required bail. An effort was made to impeach him, but it failed. He was appointed a justice of the supreme court of the United States in 1796, and served in that exalted station for fifteen years. He was tried under articles of impeachment while holding that position, but was acquitted. He was a very decided, positive character, and one of the greatest of our early jurists. William Paca William Paca, scion of a family long known in Maryland for high civic virtues, as well as wealth and influence, was 158 THE CONSTITUTION AND ITS FEAMEPS born at Wye Hall, Hartford county, Maryland, October 31, 1740. He was classically educated at the Philadelphia college, and in law at Annapolis, Maryland, and in London, England. In 1761 he was elected to the Maryland Legislature with his college friend, Samuel Chase, both becoming early prominent therein, he being chosen one of the commissioners under whose charge the state capital building was erected; and in the troublous times preceding the revolution, a member of the committee of correspondence. From 1774 to 1779 he was a member of the Continental Con- gress. He and his associates were held in check by the per- emptory instruction of the Maryland legislature not to con- sent to any proposition to declare the colonies independent. The repeal of this instruction was effected on June 28, 1776, enabling them to vote as they wished for the Declaration of Independence. From 1777 to 1779 he was a member of the Maryland senate, chief justice of the Maryland supreme court from 1778 to 1782, when he was elected governor, filling that office for one year, and being reelected to the same exalted station in 1786, when he again served as governor for one year. In the state convention called to decide upon the ratifica- tion of the Constitution, he was ardently in favor of it and influential in its adoption. He was appointed by "Washington the first district judge of the United States court for Maryland, in 1789, and held that most honorable office at the time of his death, at Wye Hall, in 1799. Thomas Stone Thomas Stone was born in Charles county, Maryland, in 1743, and died, at Port Tobacco, Maryland, October 5, 1787. He was educated under a celebrated Scotch teacher, and adopted the profession of the law. He was many times a member of the Maryland assembly, a member of the Con- tinental Congress from 1775 to 1779, and again from 1783 to THE SIGNEES OF THE DECLARATION 159 1784, being at one time president pro tempore of that body; and among other committees served on the committee to pre- pare the Articles of Confederation. He was a direct descendant of "William Stone, governor of Maryland, during the time of Cromwell, and by heredity and rearing a lover of the rights of the common people. The delegates from Maryland were burdened with the severest instructions against independence of those from any colony. It was only by the utmost exertions by him and kindred patriots that these instructions were finally so changed as to allow them to vote for it. He was not a brilliant or learned man, but practical and persistent and rendered useful service in congress and the legislature of his state. He declined an appointment to the constitutional conven- tion, but ably supported its adoption by his state. Charles Carroll History tells, to their eternal honor, that the Catholic pro- prietors of Maryland were the first authorities in America to grant religious liberty. Devoted to their church, as Catholics always are, surrounded on every side by religious persecution, they set on these shores the rule of doing unto others as they would be done by, and gave to all freedom to worship at any shrine they chose to bend a knee. Charles Carroll, grandfather of the signer, came from Ire- land to Baltimore in 1691 as judge and register of the land office, and agent and receiver of rents for Lord Baltimore. His son, Charles, born in 1702, was active in the provincial government, and a leader of the Maryland Catholics. With the increase of Protestant emigration, the generous and christian tolerance of the Catholics was returned by legis- lative and personal persecution that disgraced our country's annals. He, with a large portion of the Catholics, decided to 160 THE CONSTITUTION AND ITS FEAMEES seek distant parts of the country on account of this brutality, and while on a visit to France, he applied for a grant of a large tract belonging to France in Louisiana, where they might en- joy that unmolested religious. liberty they had accorded to, but had been denied by their fellows. Unable to secure it, he returned to Maryland. Returning sense of justice relaxed the rigor of the laws against the Catholics, and the Western emigration was abandoned. The heredity of such ancestry made of Charles Carroll, of Carrollton, who was born at Annapolis, September 8, 1737, an hereditary lover of liberty and one of the fittest signers of the greater Magna Charta of freedom — our Declaration of Inde- pendence. His father was one of the wealthiest men in the whole coun- try, and educated him in France at St. Omers and Rheims. He then took a course in civil law at Bourges and Paris, complet- ing his legal course at the Temple, London. After an absence of nineteen years, he returned to Balti- more in 1764, one of our country's most cultured men. With Chase, Stone, Paca and Dulany he led in the resistance to the growing abuses of the British authorities. Against the enforcement of fees by Governor Eden's proclamation, without consulting the legislature, he became the first writer of the period, proclaiming that, "in a land of freedom, this arbitrary exertion of prerogative will not, must not, be endured." ''The talent and firmness evinced by Mr. Carroll in his con- test with Dulany raised him at once to a high station in the confidence of the people ; and we find him, during the years 1773-74-75, actively engaged in all the measures which were taken in opposition to the course of Great Britain's colonial policy. From the earliest symptoms of discontent, Mr, Carroll foresaw the issue, and made up his mind to abide it." This boldness by one whose large property made it all the graver risk, met with universal applause. The people of An- napolis published this grateful commendation of his able and THE SIGNERS OF THE DECLARATION IQI heroic course, signed by William Paca and Mr. Matthews, delegated to prepare it : ''The free and independent citizens of Annapolis, the metropolis of Maryland, who have lately honored us with the public character of representatives, impressed with a just sense of the signal services which you have done your country, in- structed us, on the day of our election, to return you their hearty thanks. Public gratitude, sir, for public services, is the patriot's due; and we are proud to observe the generous feel- ings of our fellow citizens towards an advocate of liberty." When it became generally known that Mr. Carroll was the writer of the pieces signed "First Citizen," the people of An- napolis, not satisfied with the letter of their delegates, came in a body to thank him for his exertions in their behalf and de- fense of their rights. He sprang at once to a leadership in public regard and confidence. That he early, and in advance of most, correctly saw the coming conflict, is shown in the following historic record : Once, when conversing with Samuel Chase, in 1771 or 1772, the latter remarked, "Carroll, we have completely writ- ten them down." "And do you think," Mr. Carroll asked, "that writing will settle the question between us?" "To be sure," replied Mr. Chase. "What else can we resort to?" "The bayonet, ' ' was the answer. ' ' Our arguments will only raise the feelings of the people to that pitch, when open war will be looked to as the arbiter of the dispute." To the sneer of a member of parliament, that six thousand English soldiers would march from end to end of the con- tinent, he wrote in reply : ' ' So they may, but they will be masters of the spot only on which they encamp. They will find naught but enemies before and around them. If w^e are beaten on the plains, we will re- treat to our mountains and defy them. Our resources will in- crease with our difficulties. Necessity will force us to exertion : until, tired of combatting in vain against a spirit which victory after victory cannot subdue, your armies will evacuate our soil, 162 THE CONSTITUTION AND ITS FEAMEES and your country retire, an immense loser, from the contest. No, sir, we have made up our minds to abide the issue of the approaching struggle, and though much blood be spilt, we have no doubt of our ultimate success." "When it was attempted to land a cargo of tea at Annapolis, as at Boston, he advised the owner of the vessel to burn ship and cargo. His advice was followed and with sails set and colors flying the ship was set on fire and burned to the water's «dge. In 1775 he was chosen a member of the first committee on observation at Annapolis and a member of the Maryland con- vention. In 1776 he was sent by the congress with Benjamin Franklin and Samuel Chase in the fruitless effort to induce Canada to join the other colonies, his prominence as a Catholic being one of his recommendations for that important mission. In 1775 he had vigorously opposed the instructions of Mary- land to her delegation in congress "to disavow in the most solemn manner, all design of the colonies of independence." Returning to the convention in 1776, after his trip to Canada, he urged the recall of this instruction, and in its stead adopting an instruction "to concur with the other colonies, or a majority of them, in declaring the colonies free and inde- pendent states." No time was to be lost. The vote of every colony was needed. His great efforts were rewarded with success on July 2, 1776, and he was sent as one of the delegates to congress to cast the vote of Maryland for independence. He did not arrive in time to cast that vote, but the instruction had the de- sired result, Maryland's vote was cast for independence and he had the honor of signing the immortal Declaration he had done so much to make possible. He continued in congress until 1778, at the same time re- taining his seat in the Maryland convention, and in 1787 was elected a delegate to, but ill-health prevented his attending, the National Constitutional Convention. THE SIGNEES OF THE DECLAEATION 163 In 1776 he aided in framing the constitution of Maryland, was elected to the first senate under it, remained a member of that body until elected one of Maryland's first United States senators in 1788, returned to the state senate in 1791, and closed his public career therein in 1804. When he signed the Declaration of Independence and the members of congress were joking as to their fate, if doomed to defeat, one of them facetiously said as he signed, "There goes a few millions." His stake was large in a financial as well as personal sense, and he put his identity beyond all question by adding "of Carrollton" to his name. This was from no purse-proud feeling, but, as there was an- other Charles Carroll, to designate which one he was, and bear the penalty, if such should ever be, for his courageous act. In 1768 he married the amiable Miss Mary Darnell. In 1825 one of his granddaughters married the Marquis of Wellesley, viceroy of Ireland, thus becoming vice queen of Ireland one hundred and forty years after her ancient ancestor left it, and wife of one of the highest officials of the country against which her grandfather had borne so conspicuous a part. As the Bishop of England said, "that in the land from which his fathers fled in fear, his daughter's daughter now reigned a queen. ' ' He was below middle size, slight of frame. His face was strongly marked, his eye quick and piercing, his whole coun- tenance expressive of energy and determination. His man- ners easy, affable and graceful; in all the elegancies and ob- servances of polite society few men were his superiors." He died at Baltimore, November 14, 1832, the last survivor of the signers of the Declaration of Independence. As such, as well as in tribute of his eminent christian char- acter and splendid accomplishments, he was the object of universal reverential regard during the last years of his long and illustrious life. 164 THE CONSTITUTION AND ITS FEAMEES For Virginia George Wythe (See Framers of the Constitution, page 432.) Richard Henry Lee The Lee family is one of the oldest and most distinguished in Virginia, The first Richard Henry Lee, was instrumental, above all others, in procuring for Virginia its title as an in- dependent dominion, and in consequence of her adherence to him, Charles II had the arms of Virginia quartered on the escutcheon of his kingdom. His second son, Richard Henry Lee, was made a member and subsequently president of the king's council in the colony. The third Richard Henry Lee, son of Thomas, was born at Stratford, "Westmoreland county, Virginia, January 20, 1732, and given the most liberal educational advantages in this country and in England. Returning to Virginia he pursued a course of self-education in the home of his brother, who was possessed of an extensive library. Ethics and the philosophy of history were favorite studies and his compositions thereon, preserved by the family, show, not only his diligence as a student, but also his high order of intellect. With Washington he served under Braddock in his disastrous campaign. He began his political career in the House of Burgesses in 1757 The first debate in which he took part was in favor of prohibiting the importation of slaves into Virginia, in which the following were in part his eloquent words : ''Nor, sir, are these the only reasons to be urged against the importation. In my opinion, not the cruelties practiced in the conquest of Spanish America, not the savage barbarities of a Saracen, can be more big with atrocity than our cruel trade to Africa. There we encourage those poor ignorant people to wage eternal war against each other; not nation against na- tion, but father against son, children against parents, and brothers against brothers ; whereby parental and filial affection THE SIGNERS OF THE DECLARATION 165 is terribly violated; that by war, stealth or surprise, we Christians may be furnished with our fellow creatures, who are no longer to be considered as created in the image of God, as well as ourselves, and equally entitled to liberty and free- dom, by the great law of nature, but they are to be deprived, forever deprived, of all the comforts of life, and to be made the most miserable of all the human race. I have seen it ob- served by a great writer, that Christianity, by introducing into Europe the truest principles of humanity, universal benev- olence and brotherly love, had happily abolished civil slavery. Let us, who profess the same religion, practice its precepts, and by agreeing to this duty, convince the world that we know and practice our true interests, and that we pay a proper re- gard to the dictates of justice and humanity." The address to the king and the remonstrance to parliament against the Stamp Act and against the taxation of Virginia people without allowing them representation, directed to be made by the committee of the House of Burgesses, were both prepared by him. The celebrated resolutions of Patrick Henry in 1765, found in him a supporter second only to Henry. It was through their united eloquence that these resolutions were carried. He formed the first association in Virginia, wherein he united all classes, the descendants of the cavaliers, as well as those of humbler origin, to resist these growing infringements of their rights. This article of that association, being one of the articles signed by all of its members shows the spirit that ani- mated the men who dared its perils : "As the Stamp Act does absolutely direct the property of the people to be taken from them, without their consent ex- pressed by their representatives, and in many cases it de- prives the British-American subject of his right to be tried by jury, we do determine, at every hazard, and paying no regard to death, to exert every faculty to prevent the execution of the Stamp Act, in every instance, within the colony." At the head of the members of this association, he went to 166 THE CONSTITUTION AND ITS FRAMEES the house of the English official who had them in charge, com- pelled him to give up the stamp papers, destroy his commis- sion, and swear he would no further distribute such stamps. As he was a man of large property this act subjected him not only to severe punishment for the offence, but confiscation of his property by the British authorities. The honor of originating the committees of correspondence, "to watch the conduct of the British parliament, to spread more widely correct information on topics connected with the interests of the colonies, and to form a closer union of the men of influence in each," is claimed by the friends of both for him and Samuel Adams. Colonel Gadsden, of South Carolina, stated that in 1768 Mr. Lee solicited him to become a member of a society, "the object of which was to obtain a mutual pledge from the members to write for the public journals or papers of their respective colonies, and to converse with and inform the people on the subject of their rights and wrongs, and upon all seasonable oc- casions to impress upon their minds the necessity of a struggle with Great Britain for the ultimate establishment of inde- pendence." In 1774, with Washington and Patrick Henry, he was sent as a delegate to the Continental Congress. In this body he at once took first rank and was made a member of its leading committees, especially that to prepare the addresses to the king of England, to the British people and to the colonies, and is credited with having written these addresses, as well as the second address to the the British in 1775 in the name of the congress of that year. It was this address that evoked from Lord Chatham this tribute : "When you consider their decency, firmness and wisdom, you cannot but respect their cause and wish to make it your own. For myself, I must declare and avow that in all my read- ing, and it has been my favorite pursuit, that for solidity of reasoning, force of sagacity, and wisdom of conclusion, under THE SIGNERS OF THE DECLARATION 167 all the circumstances, no nation or body of men, can stand in preference to the general congress at Philadelphia." Virginia had instructed her delegates in 1776 to propose a Declaration of Independence by the congress, and Lee was chosen to present the resolution. His eloquent address in favor if it closes as follows : ''Why then, sir, why do we longer delay? Why still de- liberate? Let this happy day give birth to an American re- public. Let her arise, not to devastate and to conquer, but to reestablish the reign of peace and law. The eyes of Europe are fixed upon us ; she demands of us a living example of freedom, that may exhibit a contrast, in the felicity of the citizen, to the ever increasing tyranny which desolates her polluted shores. She invites us to prepare an asylum, where the unhappy may find solace, and the persecuted repose. She entreats us to cultivate a propitious soil, where that generous plant which first sprung and grew in England, but is now withered by the poisonous blasts of tyranny, may revive and flourish, sheltering under its salubrious and interminable shade all the unfortunate of the human race. If we are not this day wanting in our duty, the names of the American legislators of 1776 will be placed by posterity at the side of Theseus, Lycur- gus and Romulus, of the three Williams of Nassau, and of all of those whose memory has been, and ever will be, dear to virtuous men and good citizens." Critical illness in his family just at this time called him home, or he would have been chairman of the committee that prepared that immortal Declaration. Thomas Jefferson took his place, and by its drafting won the immortality which would have been his had this been the only achievement of his life. Despite this fact, he was charged at home with toryism and disaffection to his country and obtained leave from congress to return home and answer this infamous accusation of malicious envy. He demanded an investigation by the Virginia assembly, and the venerable George Wythe voiced his vindication in these words : J.68 THE CONSTITUTION AND ITS FEAMEES "Tt is with peculiar pleasure, sir, that I obey this com- mand of the house, because it gives me an opportunity while I am performing an act of duty to them, to perform an act of justice to yourself. Serving with you in congress, and at- tentively observing your conduct there, I thought that you manifested in the American cause a zeal truly patriotic ; and as far as I could judge, exerted the abilities for which you are confessedly distinguished, to promote the good and prosperity of your own country in particular, and of the United States in general. That the tribute of praise deserved may reward those who do well, and encourage others to follow your ex- ample, the house have come to this resolutioji ; That the thanks of this house be given by the speaker to Eichard Henry Lee, Esq., for the faithful services he has rendered his country, in discharge of his duty as one of the delegates from this state in general congress." He was again a member of the Continental Congress from 1778 to 1780, 1784 to 1787, and president of that congress in 1784. He also saw active service in the field with the Virginia militia during this period, and during the years from 1780 to 1782 declined a seat in the congress in order that he might serve in the assembly of his state, where he and Patrick Henry were known as the most eloquent orators of that distinguished body. He opposed the adoption of the constitution, without ad- ditional amendments, in the Virginia convention called to pass upon adopting it, because of his fear that it would make of the national government a consolidated government that would lead to despotism and the overthrow of local self-government in the states, but when it was adopted, he became its firm sup- porter. It was due to the influence of him and others who cherished the same opinions that the first ten amendments to the con- stitution, which may be considered part of the original, were so early adopted. He was elected one of Virginia 's first United States senators THE SIGNERS OF THE DECLARATION 169 in 1789, serving three years, when his failing health compelled him to retire from public life. Upon this event the senate and house of delegates of Virginia unanimously agreed to the fol- lowing vote of thanks : "That the speaker be desired to convey to Richard Henry Lee, Esq., the respects of the senate ; that they sincerely sym- pathize with him in those infirmities which have deprived their country of his' valuable services; and that they ardently wish he may, in his retirement, with uninterrupted happiness close the evening of a life, in which he hath so conspicuously shone forth as a statesman and a patriot; that while mindful of his many exertions to promote the public interests, they are par- ticularly thankful for his conduct as a member of the legisla- ture of the United States." He was a man of commanding presence, of splendid voice, of wide culture in all the graces of the speaker and uni- versally regarded as second to no orator of his time. Neither his state nor the Continental Congress knew a more impas- sioned or eloquent statesman. "While the state papers prepared by him are models of elegant diction and forceful argument, like Patrick Henry and Henry Clay, he shone brightest when facing an audience and thrilling them with his earnest and lofty eloquence. His health steadily declined after leaving the United States senate until his death at Chantilly, Virginia, June 19, 1794. Thomas Jefferson The ancestors of Thomas Jefferson came to Virginia among the first settlers. They were among the pioneers of poverty whose hardy industry brought prosperity. His father, Peter Jefferson, was sufficiently prominent to be chosen in 1747 one of the commissioners to fix the dividing line between Virginia and North Carolina, and on his death left his son, Thomas, an ample fortune. The son was born at Shadwell, Albermarle county, April 13, 1743, and was educated at the College of William and Mary. He studied law under the celebrated 170 THE CONSTITUTION AND ITS PEAMEES George Wythe, who bequeathed him his law library, and ac- quired such proficiency that he edited a volume of reports of the decisions of the supreme court of Virginia, but his whole life was occupied in political activity: In 1769 he entered upon.his political career as a member of the Virginia legislature, which closed forty years thereafter as President of the United States. Many ties of blood, education and interest made Virginia peculiarly attached to England. Washington and many of her sons, had served in the British army. They gloried in their English origin and citizenship. Only when driven to despera- tion did they resist the wrongs done the colonies, which he describes as follows : ''The colonies were taxed internally and externally; their essential interests sacrificed to individuals in Great Britain; their legislatures suspended ; charters annulled; trials by juries taken away; their persons subjected to transportation across the Atlantic, and to trial before foreign jurisdictions for redress thought beneath answer; themselves published as cowards in the councils of their mother country and courts of Europe ; armed troops sent among&t them to enforce submission to these violences, and actual hostilities commenced against them. No alternative was presented but resistance, or uncon- ditional submission. Between these there could be no hesita- tion. They closed in the appeal to arms." In March 1773 he was made a member of the first com- mittee of correspondence established by the colonies, anc^ the next year wrote to the king of England his famous address entitled, ''Summary View of the Eights of British America," for which Lord Dunmore threatened to prosecute him for treason. In 1775 he framed the reply of the Virginia legislature to the resolution of the British parliament presented by Lord Dunmore, which our history preserves as one of the most able and eloquent of state papers, and which concludes as fol- lows : THE SIGNERS OF THE DECLARATION 171 "These, my lord, are our sentiments on this important sub- ject, which we offer only as an individual part of this whole empire. Final determination we leave to the general congress now sitting, before whom we shall lay the papers your lord- ship has communicated to us. For ourselves, we have ex- hausted every mode of application which our invention could suggest as proper and promising. We have decently remon- strated with parliament, they have added new injuries to the old; we have wearied our king with supplications, he has not deigned to answer us; we have appealed to the native honor and justice of the British nation, their efforts in our favor have hitherto been ineffectual. What then remains to be done ? That we commit our injuries to the even handed justice of that Being who doth no wrong, earnestly beseeching him to illuminate the councils, and prosper the endeavors of those to whom America hath confided her hopes; that through their wise directions, we may again see reunited the blessings of liberty, prosperity and harmony with Great Britain." He had been elected the previous March to the Continental Congress, and soon after his entry was made a member of the committee to draw up the address setting forth the reasons for the colonies taking up arms, which was written with that remarkable ability that characterized all his public utterances. In June, 1776, he was appointed chairman of the committee to draft the Declaration of Independence, the other members being John Adams, Benjamin Franklin, Roger Sherman and R. R. Livingston. Mr. Adams' account ot the writing of that Declaration, so dear to every American, is as follows : "The committee met, discussed the subject, and then ap. pointed Mr. Jefferson and me to make the draft, I suppose be- cause we were the two first on the list. "The sub-committee met. Jefferson proposed to me to make the draft. I said, 'I will not.' 'You should do it.' 'Oh, no.' 'Why will you not? You ought to do it.' 'I will not. "Why?' 'Reasons enough.' 'What can be your reasons?' 'Reason first, 172 THE CONSTITUTION AND ITS FEAMEES you are a Virginian, and a Virginian ought to appear at the head of this business. Eeason second, I am obnoxious, suspected and unpopular. You are very much otherwise. Reason third, you can write ten times better than I can.' 'Well,' said Jefferson, 'if you are decided, I will do as well as I can.' 'Very well, when you have drawn it up we will have a meeting,' " Mr. Adams adds it was reported without change by the committee, when congress cut off about a quarter of it, and some of the best of it. This is how Thomas Jefferson, the statesman who never made a speech, came to immortalize himself in the writing of the Declaration of Independence. His part in that congress was one of the highest importance and greatest activity, but along the lines of the general con- cerns of the country. His career therein was brief. He was appointed with Ben- jamin Franklin and Silas Deane, a commissioner to visit and form with France a treaty of alliance, which he declined, re- signing his position in congress in October to return to and assist in the formation of a constitution for Virginia. In that legislature he opposed the proposition to create a dictator for Virginia, and was appointed chairman of the committee con- sisting of himself, Edmund Pendleton, George Wythe, George Mason and Thomas Ludwell Lee, who during the next two years performed the gigantic task of revising the laws of Vir- ginia, His kindness and courtesy to the British prisoners taken at Saratoga and confined in Virginia brought from them the most cordial expressions of gratitude, and showed a humanity above carrying in and adding to the horrors of war a personal enmity, or vindictive spirit. In 1779 he was elected governor of Virginia to succeed Patrick Henry. The state was then being overrun by the enemy, and the duties of his great office were never more try- ing, or performed with more distinguished success, yet in the THE SIGNERS OF THE DECLARATION 173 legislature that met after he retired from the governorship it was moved to censure him for negligence in his duties. That body voted down the resolution and tendered him its unanimous thanks for his attentive administration. In 1781 he wrote a book entitled "Notes on Virginia," which was translated into French, and but for his illustrious political career would have made him noted for scientific re- search. In 1783 he was returned to congress, where he crowned the successful close of the great drama of the revolution, in reporting the treaty of peace with Great Britain, and aided Gouverneur Morris in establishing our decimal system of cur- rency. In 1784 he anticipated the great ordinance of 1787 for the government of the Northwest territory, by proposing, in re- gard thereto and the states to be formed therefrom : "That after the year 1800 of the Christian era, there shall be neither slavery nor involuntary servitude in any of the said states, otherwise than in punishment of crimes, whereof the party shall have been convicted to have been personally guilty." But the proposition was rejected. In 1784 he was appointed associate minister with John Adams and Benjamin Franklin to negotiate treaties of com- merce in Europe, and in 1785 to succeed Franklin as minister to France, continuing in that high position until October, 1789. During this time he travelled in Holland and Italy, and developed that hostility to monarchy, disgust of parade of ap- parel, the pomp and tinsel of courts, and love for republican government that made his subsequent career so distinguished for democratic sentiment. From France he wrote an elaborate commendation, as well as criticism of the proposed constitution.. His criticism was the lack of a bill of rights, of the more distinct guarantee of trial by jury ; and that it did not provide against the reelection of the president. He feared the despotism of central authority, 174 THE CONSTITUTION AND ITS FRAMEES and the power of the president to secure his continuance in of- fice. He vigorously contended against what was termed an energetic central government giving tranquillity, using this re- markable language : "In Turkey, where the sole nod of the despot is death, in- surrections are the events of every day. Compare again the ferocious depredations of their insurgents with the order, the moderation, and the almost self-extinguishment of ours, and say, finally, whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain and the most legitimate engine of govern- ment. Educate and inform the whole mass of the people, en- able them to see that it is their interest to preserve peace and order, and they will preserve it; and it requires no very high degree of education to convince them of this ; they are the only sure reliance for the preservation of our liberty. After all, it is my principle that the will of the majority should prevail. If they approve the proposed constitution in all its parts, I shall concur in it cheerfully, in hopes they will amend it, whenever they shall find it works wrong. This reliance cannot deceive us, as long as we remain virtuous ; and I think we shall be so, as long as agriculture is our principle object, which will be the case while there remain vacant lands in any part of America. When we get piled upon one another in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating one another as they do there." On his return to America in 1789 Washington made him our first secretary of state. His varied and distinguished services in that high ofiice would require a volume to recount. They are written in the most glorious pages of American history. He retired from this exalted station in 1793, and held no public place for several years. This period he devoted to the education of his children, the improvement of his estate, and the pursuit of his philosophical studies, to which he was always passionately devoted. The Duke de Liancourt who visited him wrote: THE SIGNERS OF THE DECLAEATION 175 "He possesses a stock of information not inferior to that of any other man. In Europe, he would hold a distinguished rank among men of letters, and as such he has already ap- peared there. At present he is employed with activity and perseverance in the management of his farms and buildings, and he orders, directs and pursues, in the minutest detail, every branch of business relating to them. The author of this sketch found him in the midst of a harvest, from which the scorching heat of the sun does not prevent his attendance. His negroes are nourished, clothed and treated as well as white servants could be. As he cannot expect any assistance from the two small neighboring towns, every article is made on his farm ; his negroes are cabinet makers, carpenters, masons, bricklayers, etc. The children he employs in a nail manufactory, which yields already a considerable profit. The young and old ne- gresses spin for the clothing of the rest. He animates them by rewards and distinctions ; in fine, his superior mind directs the management of his domestic concerns with the same abilities, activity and regularity which he evinced in the con- duct of public affairs, and which he is calculated to display in every situation of life." He was elected president of the American Philosophical So- ciety, and took an active part in its work, contributing to its publications, and extending its practical usefulness. This high honor was due to no political prominence, but to his attain- ments as a man of culture, science and the highest order of scholarship. In 1796 he was voted for as President of the United States, but John Adams, receiving the largest number of votes, was elected, and Mr. Jefferson became the vice president. In 1800 he contested for this highest office in the gift of America with Aaron Burr, was elected president by one vote, and in 1804 was reelected by an immense majority. One of the chief events of his administration was the "Louisiana Purchase," by which our country in 1803 bought from France for $15,000,000, the vast territory west of the 176 THE CONSTITUTION AND ITS FRAMERS Mississippi, now comprising all of Louisiana, Arkansas, Mis- souri, Indian Territory, Oklahoma, Nebraska, Iowa, the two Dakotas, nearly all of Minnesota, Montana, Wyoming, Kansas and a large part of Colorado. He confessed his belief that this was stretching the con- stitution, and desired an amendment thereto to cover it. He was as ardent advocate for universal freedom as Abraham Lincoln. In the Virginia assembly, prior to the revo- lution, he introduced a bill empowering masters to free their slaves. In the Declaration of Independence he had a clause condemning slavery, but it was stricken out. He was the founder of the University of Virginia and its rector until his death. The epitaph on his tomb, composed by himself, reads: "Here lies the body of Thomas Jefferson, author of the Declaration of Independence, of the Statutes of Virginia for Religious Freedom, and father of the University of Virginia." Many of the best laws of Virginia were due to his efforts. The motto on his seal was, ''Eebellion to tyrants is obedience to God." His teachings and influence dominate much ot the political thought of the country to this day. He was the founder of what is now known as the Democratic party. In consequence of his experience abroad he became morbidly suspicious of a monarchial party in the United States, and while a member of one of the most aristocratic families in Virginia, was forever after his stay in France most democratic in his habits. The two schools of political thought that will probably al- ways divide our country, that for a strong central govern- ment, a liberal construction of the constitution, on the one hand; on the other, a central government of limited and clearly defined powers, nothing left to implication, and a strict construction given to the National Constitution, took their origin while he was a member of Washington's cabinet, Alexander Hamilton being the leader on- the one side and he THE SIGNEES OF THE DECLABATION 177 on the other. One of his favorite expressions was, ''the world is governed too much ; that government is best which governs least." He has been accused of infidelity, an accusation contra- dicted by his state papers and letters for over fifty years. His second inaugural closes: "I do not fear that any motives of interest may lead me astray; I am sensible of no passion which could seduce me knowingly from the path of justice; but the weaknesses of human nature and the limits of my own understanding will produce errors of judgment sometimes injurious to your in- terests ; I shall need, therefore, all the indulgence I have here- tofore experienced — the want of it will certainly not lessen with increasing years. I shall need, too, the favor of that Being in whose hands we are, who led our forefathers, as Israel of old, from their native land, and planted them in a country flowing with all the necessaries and comforts of life, who has covered our infancy with his providence, and our riper years with his wisdom and power." In his final message to Congress, after expressing his grati- tude to the American people, he said : "Looking forward with anxiety to their future destinies, I trust that in their steady character, unshaken by difficulties, in their love of liberty, obedience to law, and support of public authorities, I see a sure guarantee of the permanence of our re- public ; and retiring from the charge of their affairs, I carry with me the consolation of a firm persuasion, that Heaven has in store for our beloved country, long ages to come of prosperity and happiness." He will live as one of the greatest, purest statesmen, and most scholarly writers America will ever honor. He never would appoint a relative to office, and lived up to the high ideal cf an eminent successor that "public office is a public trust." His old age was burdened with financial embarrassment. He had neglected his private affairs for so many years, and his 178 THE CONSTITUTION AND ITS FEAMEES lavish hospitality was taxed by entertainment of so many visitors, that he became heavily involved, and the Virginia legislature passed an act allowing him to dispose of his prop- erty by a lottery to pay his debts. In January, 1772, he married Miss Wayles, the daughter of an eminent Virginia lawyer. She died some ten years after, leaving two daughters, only one of whom lived to maturity, and to whom he was devotedly attached. On his death bed he presented her a small morocco case, which he requested her not to open until after his death. It contained an affectionate poem to her. Special exercises were held all over the country to cele- brate the fiftieth anniversary of the Declaration of Independ- ence. He was invited to join in those at Washington, but, his health forbidding, he wrote the mayor of "Washington his last letter, closing as follows : ''I should, indeed, with peculiar delight, have met and ex- changed there congratulations, personally, with the small band, the remnant of the host of worthies who joined with us, on that day, in the bold and doubtful election we were to make for our country, between submission and the sword; and to have enjoyed with them the consolatory fact that our fellow citizens, after half a century of experience and prosperity, con- tinue to approve the choice we made. May it be to the world, what I believe it will be (to some parts sooner, to others later, but finally to all), the signal of arousing men to burst the chains, under which monkish ignorance and superstition had persuaded them to bind themselves, and to assume the bless- ings and security of self-government. The form which we have substituted restores the free right to the unbounded exercise of reason and freedom of opinion. All eyes are opened or opening to the rights of man. The general spread of the lights of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with sad- dles on their backs, nor a favored few, booted and spurred, THE SIGNERS OF THE DECLARATION I79 ready to ride them legitimately, by the grace of God. These are grounds of hope for others; for ourselves, let the annual return of this day forever refresh our recollections of these rights, and an undiminished devotion to them." On July third it was seen that his final hour was near. He was conscious that his earthly career was closing, and ex- pressed the wish that he might live to see the fiftieth anni- versary of what he cherished as his greatest achievement. His mind was clear and unclouded. The pathetic scene of the last hours of the patriot, longing to greet once more the dawn of that great day whose work will illuminate the pathway of lib- erty for all time, will live in his country's tenderest memory. Fifty years after the adoption of the immortal Declaration that he penned, he and John Adams, whom he succeeded as President, and who was second to him on the committee to pre- pare it, almost at the same hour, July 4, 1826, passed to the Great Beyond. His tomb is at Monticello, where he died. This sketch by a great biographer of this, one of the most remarkable characters in our history, is not only of universal interest, but teaches the lesson to ambitious youth, that op- portunity can be utilized only by preparedness, that greatness never comes by chance, but is the slow maturing fruit of steady, constant, persistent toil: ''At the time of his death Mr. Jefferson had reached the age of eighty-three years, two months and twenty-one days. In person he was six feet two inches high, erect and well formed, though thin ; his eyes were light, and full of intelli- gence ; his hair very abundant and originally red, though in his latter years, silvered with age. His complexion was fair and his countenance remarkably expressive ; his forehead broad, the nose rather larger than the common size, and the whole face square and expressive of deep thinking. In his conversa- tion he was cheerful and enthusiastic ; and his language was remarkable for its vivacity and correctness. His manners were extremely simple and unaffected ; mingled, however, with much native but unobtrusive dignity. 180 THE CONSTITUTION AND ITS FEAMEES "In his disposition Mr, Jefferson was full of liberality and benevolence; of this the neighborhood of Monticello affords in- numerable monuments, and on his own estate, such was the condition of his slaves, that in their comforts his own interests were too often entirely forgotten. He possessed uncommon fortitude and strength of mind, with great firmness and per- sonal courage — in forming his opinions he was slow and con- siderate, but when once formed, he relinquished them with great reluctance ; his equanimity and command of temper were such, that his oldest friends have remarked "that they never saw him give way to his passions ; by his domestics he was re- garded with all the warmth of filial affection. His attachment to his friends was warm and unvarying; his hospitality was far beyond his means, and left him, as we have seen, in his old age, the victim of unexpected poverty. ''The domestic habits of Mr. Jefferson were quite simple. His application was constant and excessive. He rose very early and, after his retirement from public life, devoted the morning to reading and to his correspondence, which was varied and extensive to a degree that, in his latter years, became exceed- ingly troublesome. He then rode for an hour or two, an exer- cise to which he felt all the characteristic attachment of a Vir- ginian. After dinner he returned to his studies with fresh ardor, and then devoting his evening to his family, retired to bed at a very early hour. "The studies of Mr. Jefferson were extended to almost every branch of literature and science. He was the father of some, and the patron of many of the institutions of his coun- try for their promotion. He was said to be a profound mathe- matician, and he was in the habit of obtaining from France up to the very day of his death, the most abstruse treaties on that branch of science. His acquaintance with most of the modern languages was minutely accurate ; he was a profound Greek scholar, having devoted himself during his residence in Europe to an extensive and thorough study of that language ; and he is said to have cultivated a knowledge of those dialects THE SIGNEES OF THE DECLAEATION ]81 of northern Europe, growing out of the Gothic, which are so closely connected with our own language, laws, customs and history." Thomas Jefferson's Ten Rules. 1. Never put off until tomorrow what you can do today. 2. Never trouble another for what you can do yourself. 3. Never spend your money before you have earned it. 4. Never buy what you don't want because it is cheap. 5. Pride costs more than hunger, thirst and cold. 6. We seldom repent of eating too little. 7. Nothing is troublesome that we do willingly. 8. How much pain the evils have cost us that have never happened ! 9. Take things always by the smooth handle. 10. When angry, count ten before you speak ; if very angry, count a hundred. Benjamin Harrison No American family has for a longer period maintained the highest reputation for ability and integrity than the Harrison family. Two Presidents of the United States, two mayors of the city of Chicago, congressmen, jurists, and many noted public char- acters are numbered among its members. By some historical writers it is claimed that the General Harrison, who won enduring fame as a leader during the time of Cromwell, is one of its members. The first of the American family located in Surrey County, Virginia, some time prior to 1640. His son, Benjamin, lived in that county from his birth in 1645 to his death in 1712. His son, the second Benjamin, though he died at the age of thirty-seven, had acquired a large estate and was speaker of the House of Burgesses at the time of his death. His brother, Henry, was one of the Virginia judges. The third Benjamin took but little part in public affairs; was a member of the colonial legislature at one time ; devoted his attention to his farms, and accumulated one of the largest 183 THE CONSTITUTION AND ITS FEAMEES landed estates in Virginia. He married the daughter of a Mr. Carter, the King's surveyor. Two daughters lived to maturity, one of whom married Peyton Eandolph, first president of the Continental Congress, the other his brother William. The fourth Benjamin, the signer of the Declaration of In- dependence, was born at Berkeley, Virginia, in 1740, and edu- cated at the college of William and Mary. He was elected to the House of Burgesses before he arrived at the eligible age and soon attained such prominence that the British government offered him a seat in the executive coun- cil of the colony, but the estrangement that ended in the Revo- lution was then too far advanced to permit his accepting the honor. In 1764 he was one of the committee to prepare an address to the King and remonstrance to Parliament on the treatment of the colonies. He was sent to the Continental Congress in 1774, and re- mained by successive reflections until 1777, when he resigned. He was a man of infinite humor, large framed, athletic and stout. It is said that when Hancock modestly hesitated to take the president's chair in Congress, to which he had been elected, he lifted Hancock in his arms and seated him in the chair, say- ing: "We will show the British how little we care for them by making a Massachusetts man our president, whom she has excluded from pardon by public proclamation." His grim humor at the time of the signing of the Declara- tion of Independence was equal to that of Benjamin Franklin. Elbridge Gerry, who was very slender and of light weight, was standing by him when he said, as to the prospect of all of them being hung as traitors: "It will be over with me in a minute, but you will be kicking in the air for half an hour after I am gone." He was not an orator, but one of the reliable men of the Congress, who, while they never dazzled, never disappointed. He was chairman of the committees on foreign affairs and the Board of War ; and more frequently chairman of the com- THE SIGNERS OF THE DECLARATION 183 mittee of the whole than any other member, being an excellent presiding officer. His fearless fairness is shown in this incident. The feel- ing against the Quakers was most intense ; a number were arrested as public enemies, when he defended them on the ground of their faith. Said one of their grateful leaders: ''Benjamin Harrison had talents to perceive the right and firmness enough to pursue it, however violently opposed." Upon his retiring from Congress he was elected to the Vir- ginia House of Burgesses and chosen speaker, in which office he was continued until 1782, when he was elected governor and twice thereafter reelected. He opposed the ratification of the Federal constitution be- fore the first ten amendments were made part of it. But when that was done by the Virginia convention called for that pur- pose, and of which he was a member, he ably resisted and suc- ceeded in preventing the movement of a number, who, like him, opposed it, but were preparing to carry their resentment to a hurtful extremity. His oldest son, Benjamin, was a prominent Richmond mer- chant ; his second, Carter Bassett, an eminent lawyer and mem- ber of Congress ; his third, William Henry, the ninth, his great- great-grandson, Benjamin, the twenty-third President of the United States. On the eve of being recalled by her admiring people to the governorship of Virginia, he died, April 24, 1791. Thomas Nelson, Jr. William Nelson was a successful merchant of York, Vir- ginia, who became a member and president of the executive council, and during the interim between the administrations of Lords Bottetourt and Dunmore, filled the place of governor and chief justice of the Supreme Court of the province. He was regarded as the ablest of the judges. His son, Thomas Nelson, Jr., was born at York, December 184 THE CONSTITUTION AND ITS FEAMEES 26, 1738 ; was sent to England when he was fourteen, where he remained at school and college, graduating at Trinity College, and returning to Virginia in 1761. Inheriting a handsome estate, he led the life of the cultured and wealthy Virginia planter. In 1774 he entered the House of Burgesses, over which Pey- ton Randolph, first president of the Continental Congress, pre- sided. This house passed the resolutions against the Boston port bill, for which Lord Dunmore dissolved it. Nelson was one of the eighty-nine members who met the next day, organ- ized an independent legislature, declared the invasion of their rights unwarranted, and recommended the appointment of delegates to a general congress of the colonies. He was elected to the succeeding legislature in 1775, and was one of the boldest members in advocacy of organizing a military force, though it imperilled his estate that lay nearest, where the British were sure to attack, if war ensued. Of the two regiments raised in consequence, Patrick Henry was made colonel of the first, and Nelson of the second. This position he resigned upon being elected to the Continental Congress. There he was one of the earliest advocates for declaring independ- ence, and wrote to a Virginia friend : ''Independence, confederation and foreign alliance are as formidable to some of the Congress, I fear a majority, as an apparition to a weak, enervated woman. "Would you think that we have some among us, who still expect honorable pro- posals from the administration. By heavens," he continues, his ardent feelings strongly excited by the subject, "by heav- ens, I am an infldel in politics, for I do not believe, were you to bid a thousand pounds per scruple for honor at the court of Britain, that you would get as many as would amount to an ounce. If terms should be proposed they will savour so much of despotism, that America cannot accept them. We are now carrying on a war and no war. They seize our property wherever they find it, either by land or sea; and we hesitate to retaliate, because we have a few friends in England who have ships. Away with such squeamishness, say I. What think THE SIGNERS OF THE DECLARATION 185 you of the right reverend fathers in God, the bishops. One of them refused to ordain a young gentleman, who went from this country, because he was a rebellious American ; so that un- less we submit to parliamentary oppression, we shall not have the gospel of Christ preached among us, but let every man worship God under his own fig tree." Illness forced him to resign from Congress in 1777, but the threatened invasion of Virginia called him again into service, and he was made a brigadier general, like Washington, declin- ing all pay for his services. He was also at this time elected to the Virginia legislature, when he manfully opposed the pro- posal for the state to confiscate the debts due by citizens to British subjects. He was again elected to Congress in 1779, and again forced by ill health to resign. On the appeal of Congress for funds, he raised two million dollars on his own personal security, and ^ater a vanced the money to j^ay two regiments of '"irginia troops the money due them, whereby he wrecked his ample estate. He was the most popular military officer in the state, and did much to animate the courage and inspire the self-sacrificing heroism of her soldiers. In 1781 he succeeded Jefferson as governor, and on the com- ing of Lafayette yielded his military command to the gallant Frenchman, uniting the troops in harmony and discipline. He commanded the militia at the battle of Yorktown, and when he saw his troops were avoiding it, directed the bom- bardment of his own palatial home, which Cornwallis was sup- posed to occupy. In his general orders Washington wrote : "The general would be guilty of the highest ingratitude, a crime of which he hopes he shall never be accused, if he forgot to return his sincere acknowledgments to his excellency Gov- ernor Nelson for the succours which he received from him and the militia under his command, to whose activity, emulation and bravery, the highest praises are due. The magnitude of 186 -HE CONSTITUTION AND ITS FRAMEES the acquisition will be ample compensation for the difficulties and dangers which they met with so much firmness and patriotism. ' ' His health forced him to resign the governorship in No- vember, 1781. No sooner had he done so than he was assailed in the leg- islature for arbitrary conduct as governor in raising troops and impressing supplies without the consent of the council. His vindication was complete, his acts being legalized by unanimous vote of the legislature. He refused a seat in the National Con- stitutional Convention, and opposed the ratification of the Con- stitution by Virginia. Having aided in framing his state's constitution, served with its soldiers on the field of battle, and filled the highest office in its gift, on the return of peace, broken in health and fortune, he retired from public life, and died at the place of his birth, January 4, 1789. Says Sanderson : , "He descended into the grave honored and beloved; and alas ! of his once vast estates, that honor and love was almost all that he left behind him. He had spent a princely fortune in his country's service; his horses had been taken from the plough, and sent to drag the munitions of war; his granaries had been thrown open to a starving soldiery, and his ample purse had been drained to its last dollar, when the credit of Virginia could not bring a sixpence into her treasury. Yet it was the widow of this man who, beyond eighty years of age, blind, infirm and poor, had yet to learn whether republics can be grateful." J'rancis Lightfoot Lee Francis Lightfoot Lee, brother of Richard Henry Lee, was born in Stratford, Virginia, October 14, 1734, and died at Richmond, April 3, 1797. From 1768 to 1772 he was an influential member of the Vir- ginia House of Burgesses, and from 1775 to 1779 of the Con- tinental Congress. He was active in framing the Articles of THE SIGNEES OF THE DECLARATION 187 Confederation. He was a state senator after the Revolutionary- War, but declined all other public positions. He was a man of finished education and ample fortune, who led the life of the wealthy Virginia planter, and was the charm of every social circle in which he mingled. While possessed of good ability, he lacked the ambition of his illustrious brother and led a life of quiet ease and refinement. It is told of him that when the Federal Constitution was published, some of his countrymen, who had high regard for his opinions, asked him what he thought of it. He replied that he did not pretend to be a judge of these things then ; that he was old and did not read much, but there was one thing that satisfied him, and that was that General Washington was for it, and John Warden against it. The latter was a Scotch law- yer of some distinction, who bitterly opposed American Inde- pendence as well as the adoption of the Constitution. He left no children, and he and his wife died within a few days of each other. For Virginia Carter Braxton Carter Braxton was born at Newington, the splendid coun- try home of a wealthy planter, in King and Queen county, Vir- ginia, September 10, 1736. His ancestors on both sides were among the "first families" of the Old Dominion, and until advanced in years he lived the life of the affluent and aristocratic planter with all its lavish and elegant hospitality. He was educated at the College of William and Mary. In 1757 he went to England and did not return to his native land until 1760. His father had been a member of the House of Burgesses, and to that body he was elected in 1761 ; was a warm sup- porter of Patrick Henry in 1765, when that great orator's cele- brated resolutions were passed, and continued an active mem- ber during all its stormy history until 1775, when, on the death 188 THE CONSTITUTION AND ITS FEAMEE8 of Peyton Randolph, president of the Continental Congress, he was sent as a delegate from Virginia, and signed the immortal Declaration of Independence. The first general assembly under the new Constitution paid him this high compliment : ''Saturday, October 12th, 1776. "Resolved, unanimously, that the thanks of this house are justly due to Thomas Jefferson, and Carter Braxton, Esquires, for the diligence, ability, and integrity, with which they exe- cuted the important trust reposed in them as two of the dele- gates for this county in the general congress." He was returned to the Virginia legislature in 1777, and, excepting the years 1778 and 1782, was a member until the close of 1785. He was chairman of the committee on religion, and actively supported Jefferson's measure to establish religious freedom in Virginia, and took part in much of other important commit- tee work. In 1786 he was appointed a member of the Council and continued in that important office until the spring of 1791, at intervals thereafter being chosen to, and a member of the Council at the time of his death. In his later years he embarked in commercial enterprise, for which his lack of training and manner of life unfitted him, lost all he had, disastrously involved his kindred and friends, and died a broken-hearted man on October 10, 1797. For North Carolina William Hooper William Hooper, the son of a Scotch clergyman of the same name, who, graduating at Edinburgh, came to Boston, and was chosen pastor of Trinity Church, was born there June 17, 1742, and graduated at Harvard in 1760. He studied law under James Otis, whose zeal and eloquence THE SIGNEES OF THE DECLARATION 189 in behalf of colonial rights made him historic, and followed the patriotic lead of Otis in behalf of his country. Soon after admission to the bar he removed to "Wilmington, North Carolina, when he married Miss Anne Clark, sister of General Thomas Clark, and who proved, as so many other wives of the revolution, a stimulus and aid to his patriotic efforts. He soon won prominence, and was sent to the general as- sembly, where he took such a leading part that he was elected to the Continental Congress in 1774, where he was placed on the committees to prepare a statement of the rights of the colonies, and to examine and report upon the statutes affecting the trade and manufactures of the colonies. Reelected in 1775, he was chairman, and prepared the ad- dress of the committee to the people of Jamaica. During the early part of 1776 he was recalled to North Carolina, where he prepared the forceful address of that colony to the people of Great Britain, returning to Congress in time to vote for the Declaration, and render useful service on the committee for regulating the postal service, the treasury, secret correspondence and admiralty courts. In 1777 he resigned and returned to aid his fellow patriots in his own beleaguered state. In 1786 Congress appointed him one of the judges of the court that met at Hartford to decide the dispute in regard to the territory claimed by Massachusetts and New York. After peace was concluded he exerted himself to prevent the persecution of the loyalists, and heal the wounds of the war. His health was always delicate. In 1787 he withdrew from professional and public life, and retired to Hillsborough, where he died in October, 1790, He was noted for literary accomplishment, rare conversa- tional charm, and his faith in the successful issue of the strug- gle for independence that never became depressed in the dark- est hours of the revolution. 190 THE CONSTITUTION AND ITS FRAMEES Joseph Hewes The voice of American liberty appealed too strongly to patriotic hearts for even the peaceful Quaker to resist it. The Quaker, General Nathaniel Greene, was second only to "Washington in military skill and achievement, and the Declara- tion of Independence, with the signatures of tjie devout of other denominations, carries that of the Quaker, Joseph Hewes. He was born at Kingston, New Jersey, in 1730, and edu- cated at Princeton, He became a prosperous merchant in Philadelphia, and in 1760 removed to Edenton, North Carolina. There his success as a merchant, his hospitality and his deserved reputation for honesty gave him a good name — bet- ter than great riches. He was several times a member of the legislature, and in 1774 was sent as a delegate to the First Continental Congress, and made a member of the committee to state the rights of the colonies. The North Carolina delegates were given the freest and boldest instructions from any colony; were authorized to make "any acts done by them, or consent given in behalf of this province, obligatory in honor upon every inhabitant thereof who is not an alien to his country's good, and an apostate to the liberties of America." They were, therefore, among the first and most outspoken in favor of independence. In order to bring pressure to bear by commercial England on political England in securing their rights, the people of every colony were asked to enter into an association agreeing not to import or use English goods, or export any American products to Great Britain. Says an historic writer: "The non-importation agreement thus recommended and determined to be adopted, was a very remarkable event in the annals of the revolution. It could only have been thought of by men having the most perfect confidence in the integrity and THE SIGNERS OF THE DECLARATION 191 patriotism of the people, without whose universal and strict resolution to maintain it, such a measure would be palpably unavailing. A system of privation not enforced by any law, nor guarded with any penal sanctions, but resting entirely on the deep and general sense of wrongs inflicted, and of the necessity of a united effort to obtain redress — it evinced a steady resolution, a sober patriotism, and a generous sacrifice of selfish views to the common good, unequalled in the history of the world. "If any class of people more than the rest were entitled to particular praise for the patriotic ardor which induced them to join in this combination, it was unquestionably the mercan- tile part of the community, who sacrificed not only many of the comforts and enjoyments of life, but gave up also the very means of their subsistence, in relinquishing the importing trade to which they had been accustomed to devote their capi- tal and labor." Of this association, Mr. Hewes, who had grown to be ong of the leading merchants of North Carolina, was one of the most active members, to his own great financial detriment. As affairs assumed a more warlike aspect, the Quakers held a gisneral convention, in which Congress and the prospective revolution were unsparingly denomiced, and all Quakers directed to withhold aid and encouragement to such efforts. They constituted a numerous and influential part of the Penn- sylvania and New Jersey population. Hewes, at once, severed his connection with his ancestral sect, and never again united with them. He was one of the committee to prepare the Articles of Confederation; of the secret committee to provide ways and means to prosecute the war; and the naval committee. His business ability and experience made him one of the most serviceable members of these, especially the latter two committees. Eight vessels were equipped under his especial management, and he might be said to have been de facto Sec- retary of the Navy. 192 THE CONSTITUTION AND ITS FEAMEES He continued his life of business and patriotic activity in Congress until his death at Philadelphia, November 10, 1779. Says Sanderson : "Mr. Hewes possessed a prepossessing figure and counte- nance, with great emenity of manners and an unblemished reputation for probity and honor. He left a considerable for- tune, but no children to inherit it. "His death may be called untimely v^^hen we reflect on the brighter prospects that soon after opened on the country to whose happiness he devoted himself with so much zeal, pros- pects in which he would have found a cause of infinite grati- tude and joy; but in other respects his end was more seasona- ble than that of some of his compatriots who lived to endure old age, infirmity and want; he was taken in the meridian of his usefulness, but not before he had performed enough of service to this nation to entitle him to her enduring and grate- ful recollection." John Penn John Penn's career is another of the many proofs that where there is a will there is a way to conquer adversity and overcome obstacle. He was born in Caroline county, Virginia, May 17, 1741. Though an only child, his early education was sadly neglected. Two or three years at a country school completed his course. At the age of eighteen his father's death left him a mod- erate competence. He entered the office and home of his distinguished rela- tive, Edmund Pendleton, who, as president of the Virginia Con- vention to pass upon the adoption of the constitution, gave his powerful aid in its favor, and whose ability and learning, but for his feeble health, would have made of him more of an his- toric character. Penn made the splendid library of this accomplished man his college, and achieved a liberal education, as well as such proficiency in the law that he was admitted to the bar at the THE SIGNERS OF THE DECLARATION I93 age of twenty-one. Like Patrick Henry, he was a natural-born orator, and his success at the bar was immediate. In 1774 he removed to North Carolina, and achieved such prompt distinction that he was elected to the state legislature, and also to the Continental Congress in 1775, and reelected in 1777, 1778 and 1779. When the British invasion of North Carolina was begun in 1780, he was kept at home and given almost absolute power to raise troops and provide supplies for the defense. In 1784 he was selectel by Robert Morris as fiscal agent for the government for North Carolina, and receiver of taxes. This position, requiring the highest integrity, was peculiarly vexatious in requiring him to upbraid the state authorities for failure to do the state 's financial part to the distressed national authority. He resigned the burden when he realized that his patriotic labors would accomplish no results. When peace was restored he returned to the duties of pro- fessional life and the rebuilding of the losses in property he had suffered while in public service, dying in Greenville county. North Carolina, at the early age of forty-seven, in September, 1788. Sanderson, in this tribute to him, leaves a useful lesson to the youth of America : **It is at least doubtful, whether mankind may not derive as much edification from examples like the present, as from the splendour of military exploits, or even from the discoveries of philosophical research. They extend their benefits to more individuals and excite more useful qualities, than a victory or the solution of a problem ; and they create a great number of citizens, unactuated by ambition, depending on their own in- dustry, and ready to serve their country from the best motives. They teach individuals instead of despairing of their talents, to search their minds for that divine spark, which may en- lighten them in efforts to make competence compatible with honesty, and patriotism with moderation; and they ascertain 194 THE CONSTITUTION AND ITS FEAMEES a fact of great importance to society — that in all efforts for the requirement or preservation of a free form of government, it is an error fatal to either end, and productive of the very evils intended to be removed, to suppose that mankind must be in- debted for liberty to the talents and services of a few." For South Carolina Edward Rutledge Ireland has contributed many an illustrious name to Ameri- can history; many useful and industrious citizens; many a hero in its wars, many a genial humorist to enliven with native wit, and profit with practical wisdom the country of his adop- tion. Dr. John Eutledge, an Irishman, emigrated to Charleston, South Carolina, in 1735. He there married Miss Sarah Hert, a lady of fortune, but far more, of rare personal charms of mind and person, who was noted in that cultured city for discretion, piety and wisdom. At the age of 26 she was left a widow with seven children. She proved one of the many fore-mothers to whom all honor is due. No Colonial mother with juster pride could point to her sons than Sarah Eutledge to her two, the eldest, John, who sat as chief justice of the Supreme Court of the United States (and whose biographical sketch is hereafter given among the Framers of the Constitution), and the youngest, Edward, who was born in Charleston, November 23, 1749, and there died January 23, 1800. After a limited education he entered the office of his elder brother, then the most distinguished member of the Charleston bar. He completed his legal education at the Temple, London, England. There he made a special study of the great lawyers and orators, Dunning, Wedderburne, Thurlow, Mansfield, Cam- den and Chatham, to such good effect that, with Irish gift, he THE SIGNEES OF THE DECLARATION I95 could perfectly imitate their various styles in his mature years. He was admitted to the English bar, but begun his practice upon his return home in 1773. That his eminent success was immediate is shown by his state sending him to the Continental Congress the very next year, with that state's notable contribution of eloquence, wis- dom and talent to that splendid body of men. The debates of that Congress, lost through the secrecy im- posed upon its deliberations, give no record of his part, but his committee appointments evidence his high standing. With John Adams and Richard Henry Lee, he was placed on the committee to prepare the resolution of the Congress recommending the several provinces to establish permanent, instead of temporary state governments ; with Benjamin Frank- lin and John Adams on the committee to confer with Lord Howe on the proposals he was to make to settle the controversy between mother country and colonies ; the committeeman from his state to prepare the Articles of Confederation ; and a mem- ber of the first board of war. The conference with Lord Howe led to an incident that illustrates Franklin's cunning humor. Upon leaving his lord- ship sent the commissioners to New York in his own barge. As they approached the shore Franklin began to chink some gold and silver coin in his pants' pocket, and as they landed offered a handful with ostentatious carelessness to the sailors who had rowed the boat. The officer in command would not permit them to accept the money, and Franklin returned the coin to his pocket. His companion commissioners asked why he did this, and Franklin replied: "These people think we have not a farthing of hard money in the country. I thought I would convince them of their mistake. At the same time, I knew I risked nothing by the offer which their regulations and discipline would not permit them to accept." So he ate his cake and kept it, besides giving an instructive hint to the belittling British. He was continued in the Congress until forced by sickness 196 THE CONSTITUTION AND ITS FEAMEES to resign in 1779, and was the youngest signer of the Declara- tion of Independence. At the surrender of Charleston in 1780 he was made a pris- oner and confined at St. Augustine for nearly a year. His venerable mother was the victim of a persecution by the British during their occupation of Charleston that speaks highly for the talents of this, more than Spartan, American mother. The commandant ordered her removed from her country home, and confined to the limits of the city, upon the plea that much was to be apprehended from a woman like Mrs. Rutledge. He declined an appointment as justice of the United States Supreme Court, and never again appeared on the theatre of national public service, but was frequently a member of the legislature of his state, where he was usefully active. He opposed the increase and extension of slavery, and de- nounced it as an evil imposed upon us by the British slave trader. In 1798 he was elected governor, and died while holding this highest office in the gift of his state. He was twice married, first to Harriet, daughter of Henry Middleton, second president of the Continental Congress, by whom he had two children, a son and daughter; the second time to Miss Mary Shubrick, who survived him. He was above medium size, corpulent, and of florid com- plexion. His bald head fringed with snow-white hair gave him the appearance of being a much older man than he was. While accused of vanity, he was always plain and old fash- ioned in dress, democratic in habits, and as generous friend of and sympathizer with the poor as his state ever honored with high position. Thomas Heyward, Jr. Daniel Heyward, of St. Luke's Parish, South Carolina, by his own energy and ability had become one of the wealthiest THE SIGNERS OF THE DECLARATION 197 planters in the province. There his son, Thomas, was born in 1746. As was the custom with the wealthy South Carolinians, this son received the best education that the schools there would permit of, and was then entered at the Temple, London, to prepare for the bar. The people of the colonies regarded themselves as English- men, and those able to do so sent their children to the mother country to complete their education. Unfortunately, these young colonists were treated by their English associates with somewhat of supercilious contempt, as if they were aborigines, and such treatment tended to alienate them from the English people. Nothing so galls as the feelings unjustly wounded. After completing his studies young Heyward spent several years touring the continent and studying the customs and hab- its of European people. This gave him a practical knowledge of human nature not acquired in books, for travel is a splendid college. Returning to America in 1773 he married a Miss Mathews, of his native province, and entered upon the practice of his profession. He was elected to the first revolutionary assembly and by it honored by being placed upon the Council of Safety, and in 1775 elected a delegate to the Continental Congress, in which he continued until 1778, when he was elected a judge of the civil and criminal courts of the new state government. The sentence in his court and subsequent execution of persons charged with treasonable correspondence with the British made him especially obnoxious to them. "While a judge he held a commission in the state militia and commanded a battalion of artillery at the battle of Beaufort under General Moultrie, in which battle he was wounded. His conduct of this battery at Beaufort and during the siege of Charleston was highly commended. Upon the fall of Charles- ton he was made a prisoner and confined at St. Augustine. 198 THE CONSTITUTION AND ITS FEAMEES Upon his release from prison and return to South Carolina he resumed his position as judge, which he held until 1798. He was a member of the convention in 1790 to frame a constitu- tion for the state. He was despoiled of a large part of his estate when South Carolina was overrun by the British. In 1791 he retired from public life, and died at his birth- place, March 6, 1809. Thomas Lynch, Jr. An Austrian town was once so besieged that the inhabitants, in order to defeat the invader, subsisted for some time on a field of pulse, called Lince. Their desperate valor succeeded, and in gratitude they changed the name of the town, as well as that of their chief family, to Lince or Lintz. Thereafter a branch of that family removed to England, from thence to Ireland and took the name of Lynch, Jonack Lynch, one of the descendants of this family, and the great-grandfather of Thomas Lynch, Jr., came from Ireland to South Carolina shortly after the settlement of the colony. His son acquired large tracts of land along the Santee rivers, with the island, reclaimed the swamp lands, before that considered worthless, made of them the most valuable rice farms in the state, and left a princely estate to his son, Thomas. This son became one of the leading men of the province, was long a member of the provincial assembly and one of the delegates to the first Con- tinental Congress. He was not an orator, but was noted for the force of his clear and simple statements in argument and the honesty of his opinions. On one occasion the provincial assembly, while considering the great questions pressing upon the people just prior to the revolution, adjourned for two days to give him time to join in their deliberations, thereby paying a tribute higher than any complimentary resolution. Thomas Lynch, Jr., was' born on his father's plantation. Prince George's Parish, August 5, 1749. His mother was Eliza- THE SIGNERS OF THE DECLARATION I99 beth H. Alston, whose family stood equally liigh among the leaders of the province and the subsequent state. He was edu- cated at the school at Georgetown, South Carolina, at that time the leading educational institution of the province. He was then sent to England and graduated at the University of Cambridge. He then took a law course at the Temple, return- ing to South Carolina in 1772, after an absence of eight or nine years given to the culture of a natural, unusual ability. He was at once elected to the assembly of which his father was a member, and became one of the most distinguished members for eloquence and ability. The attachment between father and son, their mutual efforts, their cordial sympathy and sup- port was one of the most interesting features of the assembly of that day. In 1775 he entered the first South Sarolina regiment as a captain. His father, then in the Continental Congress, wished him to come on to Philadelphia, in order that he might obtain for his son a higher rank, but the son answered that his present commission was fully equal to his experience. Early in July, 1775, he went to North Carolina under Gen- eral Charles Cotesworth Pinckney, where they met with great success in raising troops for the Continental Army. His ex- posure in this service so impaired his constitution that he was an invalid for the rest of his life. The extreme illness of his father, disabling him from at- tending to his duties, compelled him to resign, an illness which subsequently terminated his useful life. The son, at the age of twenty-seven, was elected to fill the vacancy, and this terminated his military career, which he persisted in following despite his wretched condition of health. He remained in Con- gress until near the close of the year 1779, when his failing health compelled him to seek a different climate in the hope of its restoration. His devoted wife, formerly Miss Elizabeth Shubrick, sailed with him for France. The vessel was never heard of after embarcation. 300 THE CONSTITUTION AND ITS FEAMERS Arthur Middleton Aristocratic descent and abundant wealth had heroic rep- resentatives in the founding of our Republic on the corner- stone of manhood's equality. Edward Middleton, scion of an English family of rank and wealth, came to South Carolina in its early settlement, bought large tracts of land and became a wealthy planter. His son, Arthur, was a leader of the people against the autocratic rule of the proprietary governors, and when in 1719 the South Carolina House of Commons formed themselves into a convention and revolted against the proprietary rule, was elected president of the colony. This resulted in the forfeiture of the proprietary charters and the colony becoming a royal province. His son, Henry, inherited the spirit as well as fortune of his famous father ; when the Congress of 1774 was called, was sent with John Rutledge, Christopher Gadsden, Thomas Lynch and Edward Rutledge, as delegates from South Carolina, and succeeded John Hancock as president of the Continental Con- gress. His son, Arthur, one of the signers of the Declaration of Independence, was born at Middleton place, near the Ashley river, South Carolina, June 26, 1742. His mother, a Miss Williams, was the only child of a wealthy planter. At an early age he was sent to England to be educated, and graduated at Cambridge University at the age of twenty-two. His course in college was remarkable in his freedom from the vices of young men of wealth and his studious habits. After graduation he traveled over Great Britain and spent two years in Europe, much of the time in the art galleries of Rome. He attained considerable proficiency in painting, sculpture and architecture. Returning to South Carolina, he married, returned to Eng- land with his wife, devoting several years to foreign travel, and again returned to his native land in 1773. THE SIGNERS OF THE DECLARATION 201 Notwithstanding his education and long residence in Eng- land, and the fact that in event of war he would suffer large loss in property, he followed the footsteps of his father, and staked his life, his fortune and his sacred honor in behalf of the people of his native land. With Charles Cotesworth Pinckney, William Henry Dray- ton, William Gibbes and Edward Weyman, he was, in 1774, ap- pointed a member of the first secret committee to prepare the colony for its part in common colonial struggle, and later by the Provincial Congress one of the committee of thirteen, de- nominated the Council of Safety, under which a military force was organized for defense of the colony. Though the royal governor had married a near relative of his wife, Arthur Middleton proposed the resolution that he be at once taken into custody. In 1776 he was chosen as one of the committee of eleven to frame a constitution for the colony, and soon thereafter sent as a delegate to the Continental Congress. There he formed an intimate friendship with John Hancock, their families occupying a joint temporary home. Returning to South Carolina, he Avas, much to his surprise, elected governor by the legislature, but not favoring the con- stitution that had been adopted, declined the position. His independence in no way detracted from his popularity. In the British invasions in 1779 his estate was despoiled, his valuable paintings carried off or mutilated, and his library wantonly destroyed. He shared the siege of Charleston in 1780, and was one of the prisoners, on its fall, to suffer the wrongs of those con- fined at St. Augustine. In 1781 and 1782 he was again returned to the Congress, and though his family and estate were in the hands of the British, proposed a resolution denouncing the barbarities of Lord Cornwallis and providing that in event of his capture he should not be included in any exchange of prisoners. After the close of hostilities he served in his state's legis- 202 THE CONSTITUTION AND ITS FEAMERS lature, and gave his time to the rebuilding of his wrecked estate- He was not among the noted orators of his day, but a re- fined, earnest, cultured gentleman, as fully devoted as the famous to the cause of American liberty. He died at his birthplace in his forty-sixth year, January 1, 1788, leaving two sons and six daughters. His accomplished wife was left with ample means, and did a mother's noble part by his children. His oldest son, Henry Middleton, became governor of South Carolina, served several years in the United States Con- gress and as minister of the United States to Russia. To use the language of a writer of the times, he possessed "the plainest manners with the most refined taste — great reading, and knowledge of the world, concealed under the re- serve of the mildest and most modest nature — a complete philanthropist ; but the firmest patriot — cool, steady and un- moved, at the general wreck of property and fortune, as far as he was personally concerned, but with a heart melting for the sufferings and woes of others — a model of private worth and public virtue ; a good citizen, a good father, and an ex- emplary husband; accomplished in letters, in the sciences, and fine arts ; well acquainted with the manners of the courts of Europe, whence he has transplanted to his country nothing but their embellishments and virtues," For Georgia Button Gwinnett Button Gwinnett was born in England in 1732 ; was highly educated; and became a merchant in Bristol. He came to Charleston, South Carolina, in 1770, and en- gaged in business there for two years, thence removing to St. Catherine's Island, Georgia, where he became an extensive farmer. An intimate friendship with Dr. Lyman Hall made him THE SIGNEES OF THE DECLARATION 303 lend a ready ear to that patriot's presentation o^ the colonies' cause, and he was chosen one of Georgia 's Council of Safety. He entered the Continental Congress in May, 1776, and was reelected for the ensuing year; was one of the committee to prepare the Articles of Confederation ; was a member of and took an active part in the convention to frame a constitution for Georgia in 1777; and upon the death of Gov. Bullock became president of the provincial council, and commander- in-chief of the Georgia troops. He was defeated by General Lackland Mcintosh in his candidacy for brigadier general of the Georgia troops, and also for the governorship. These events evoked the enmity that cost him his life. He challenged Mcintosh, and in the duel that followed both were wounded, Gwinnett mortally. He died May 27, 1777, leaving a large family, none of whom long survived him. He was buried at Savannah, Georgia, but when that state in grateful memory of these heroes erected at Augusta, Georgia, a monument, and placed beneath it the remains of Lyman Hall and George "Walton, it was found that the location of his grave could not be ascertained, and in some unknown spot his ashes honor the Savannah cemetery. L5rman Hall Dr. Lyman Hall was born in Wallingford, Connecticut, April 12, 1724, and died in Augusta, Georgia, October 19, 1790. Having received a classical education at Yale College, where he graduated in 1747, and qualified himself for the practice of medicine, he married, and in 1752 removed to Dorchester, South Carolina. During the same year, with some forty fami- lies originally from New England, he removed to Georgia and located at Sunbury. The Parish of St. John, wherein he lived, was more strenu- ous in its resistance to the measures of the British ministry than the other portions of Georgia, and endeavored to separate therefrom and unite with South Carolina. While extolling their patriotism, the committee of South 204 THE CONSTITUTION AND ITS FKAMEES Carolina to which the proposition was submitted advised against this movement. Thereupon the people of St, John Parish in 1775 unani- mously elected Hall to represent them in the Continental Con- gress. In honor of its action, when the Parish became a county under the Georgia constitution in 1777 it was named Liberty, and at the same time the other counties were named Chatham, Effingham, Burke, Richmond, "Wilkes, Glynn and Camden in honor of the English statesmen who defended colonial rights in Parliament. Later in 1775 the rest of Georgia followed the heroic ex- ample of St. John Parish and sent Archibald Bullock, an ancestor of President Theodore Roosevelt, John Houstoun, the Rev. Dr. Zubly, Noble "Wimberly Jones, and Lyman Hall as delegates of the state to the congress, only three of whom attended it. In February, 1776, Messrs. Hall, Houstoun, Bullock, George Walton and Button Gwinnett were elected representatives. Mr. Bullock having been elected president of the provincial council, and Mr. Houston directed to return on public busi- ness, left the other three representatives who signed the Declaration of Independence in behalf of Georgia. Mr. Hall was reelected until 1780. When the British overran Georgia Mr. Hall removed his family to the north, and all his property was confiscated by the "Loyalist" government. In 1782 he returned to Georgia and was elected governor of the state in 1783, retiring to private life on the expiration of his term. He was a tall and well proportioned man; not an orator, but of pleasing and refined address; of great decision of character and firmness of purpose ; enthusiastic, yet discreet, and peculiarly fitted to grapple with the odds against inde- pendence that existed in Georgia by reason of it being overrun by the British and under their domination. THE SIGNERS OF THE DECLAEATION 205 George Walton George Walton was not of the cavaliers known as founders of the first families of Virginia, where, in Prince Edward County he was born in 1740. It is not known that he ever attended a school. In early youth he was apprenticed to a carpenter, who would not allow him even a candle to read by, and drove him to the ha'rd lot of a child laborer. By the light of pine knot fires he pursued his studies, and at the end of his apprentice- ship had, not only an honorable trade, but a well stored mind. He then undertook the ambitious study of the law. The law- yers under whom he had studied being opposed to the colony's ideas of greater latitude in self-government, in which he shared, he left the scenes of his humble birth and labors and in 1769 removed to Georgia. There he speedily rose to promi- nence, and with Noble W. Jones, Archibald Bullock and John Houstoun, published the following call for the first meeting in Savannah to make common cause with the colonies. "The critical situation to which the British colonies in America are likely to be reduced, from the alarming and arbi- trary impositions of the late acts of the British parliament, respecting the town of Boston, as well as the acts at present, that extend to the raising of a perpetual revenue, without the consent of the people or their representatives, is considered as an object extremely important at this critical juncture; and particularly calculated to deprive the American subjects of their constitutional rights and liberties, as a part of the British empire. It is therefore requested, that all persons within the limits of this province do attend at the Liberty Pole at Tondee's tavern in Savannah, on "Wednesday the twenty- seventh instant (July, 1774), in order that the said matters may be taken under consideration, and such other constitu- tional measures pursued, as may then appear to be most eligible." At this meeting a heated debate took place between those known as loyalists, and those favoring the cause of the colon- 206 THE CONSTITUTION AND ITS FKAMEES ists, in which he took a distinguished part, and was put on the committee to correspond with the other parishes in the state, and secure their support. At a second meeting in 1775 he ably advocated joining with the other colonies, was yet with a minority, but undismayed kept up the unequal battle, and in 1776 was sent by his fellow-patriots to the Continental Congress. There, with Robert Morris and George Clymer, he was put on the important committee to attend to the colonial affairs of Congress while it retired from Philadelphia, and handle its funds in the public service. He was continued in the Congress by six successive elections until 1781, serving on the treasury board, marine, and other committees. In 1778 he commanded a battalion in the battle at Savannah, was wounded, taken prisoner, and confined at Sunbury until exchanged the following year, when he was elected governor, and again elected governor in 1789. Subsequently he was elected Chief Justice. He was elected a delegate to the National Constitutional Convention, but official duties pre- vented his attending it. This carpenter's apprentice, by sheer force of his own indomitable energy and developed ability was six times elected to congress; twice governor; once United States Senator; four times judge of the Superior Court, which office he held for fifteen years and at the time of his death ; commissioner of the United States to negotiate a treaty with the Cherokee Indians ; and many times a member of the Georgia legislature. The wrangles among themselves in Georgia on the part of the American adherents, and the large number of British sup- porters made his part one of great delicacy and difficulty. He was bitterly and unjustly assailed, but came out triumphant on the false charges pressed against him. He was a firm friend ; an uncompromising enemy; accomplished in satire and bitter in invective. His sense of justice knew no fear and he "hewed to the line, let the chips fall where they may." THE SIGNERS OF THE DECLARATION 207 In severe affliction he was a constant student, saying that for every ill ''a book was the best remedy." He married Miss Dorothea Camber, and their only child, a son, was Secretary of the state of Florida under President Jackson. He was a man of abstemious habits and plain living. On February 2, 1804, says Sanderson, "He closed his useful and laborious life in Augusta, leaving in the memory of his actions and his accomplishments, a lasting monument of his worth and rich legacy to his country." CHAPTER XI THE CONFEDEEATION |HE motion of Richard Henry Lee, on June 7, 1776, was not only for a committee to prepare a declara- tion of independence, but for a second committee whose work should be: ''A plan of confederation, to be prepared and transmitted to the respective colonies for their consideration and approbation." On the same day that the committee was appointed to draft the Declaration of Inde- pendence, a committee, composed of one member from each state, was appointed to draft a form of compact, or confedera- tion, for the states. This committee consisted of the following : John Dickinson, Pennsylvania, Chairman. Josiah Bartlett, New Hampshire. Eoger Sherman, Connecticut. Robert R. Livingston, New York. Thomas McKean, Delaware. Thomas Nelson, Virginia. Edward Eutledge, South Carolina. Samuel Adams, Massachusetts. Stephen Hopkins, Rhode Island. Francis Hopkinson, New Jersey. Thomas Stone, Maryland. Joseph Hewes, North Carolina. Button Gwinnett, Georgia. This committee presented its report on July 12, 1776. It was debated until August 20th, was taken up for reconsidera- tion April 8, 1777, and, after numerous amendments, on No- vember 15, 1777, the ''Articles of Confederation and Perpetual Union between the States" were adopted, and the confederacy named "The United States of America." That name, however, 208 THE CONFEDERATION -509 by resolution of the congress had since September 9, 1776, been used in all official documents instead of "United Colonies." These articles were not ratified by all the states until January 30, 1781, and were not announced by the congress until March 1, 1781. It was thus nearly five years after their proposal that they became effective. They inaugurated a force- less government, the like of which was unknown in all history. They gave a mere transient league to the states — a headless confederacy. The confederacy had no executive. The presi- dent of the congress had neither veto nor power of appoint- ment, could serve only one year in each three years and was simply the presiding officer of a great debating society. The articles provided for no judiciary and no judicial power save in the partitioning of maritime prizes. Executive, legisla- tive, and judicial powers were all jumbled in confusion and given to this one house, or body. There were neither begin- nings, limits, nor boundaries to any of the supposed powers, separating them from each other. The congress could call for an army and navy, but had no means to sustain either, no power to compel the organization of a single company, or ability to dictate the building of a single boat. No common fund existed to pay one of its members. They were supported solely by their respective states, which were each empowered to send from two to seven delegates, as they saw fit, and to recall them at any time. No matter how many or how few were sent, each state had but one vote, and a tie in the state delegation lost that vote. The limiting of the time a member could serve to three years out of every six carried away the competent members at the very time that their experience made them most useful. The articles imposed national d^^ties upon the congress they created, but left that congress destitute of every element of power to enforce their performance. No amendment to these articles could be made except by unanimous consent of all the states. The congress could regulate the alloy to be used in the coinage of money and could authorize the coinage of money. 310 THE CONSTITUTION AND ITS FEAMERS but each state could coin money also. The articles left each state to establish such tariff on the importation of foreign goods as it saw fit. They did not mention or provide for the people from beginning to end. They dealt, exclusively, with the states. The people whom the articles disregarded and over whom they had no power universally despised them. If any state failed to furnish the men or the money to do its share of the government's work, that ended it; there was no power to compel the state to do its part. The congress could borrow money of any power or person who was credulous enough to loan to a government without a treasury, without a foot of property, without the taxing power to compel the raising of resources to make good its promises of payment. The congress could neither impeach nor discipline its president, nor any member of the congress ; it could not punish the treason of any officer of its army. Unless nine out of the thirteen states agreed, the congress could not enact a law; engage in war; coin money or regulate the value thereof; determine the sums necessary to be raised for the common defense and general welfare of the country; decide what troops were to be raised, or navy provided; or appoint a commander-in-chief for its army. The congress could decide disputes between the states, but its decision was barren as it had no power to enforce it. The case was just as if a court could give a judgment in a suit, but could issue no writ of execution to enforce it. All the congress could pledge for any obligation was the public faith, but it neither asked nor received authority from the public to which it gave no recognition, and whose faith it pledged. Con- sequently, that public responded in kind, to the ruin of the government's creditors and the shame of the country. The articles solemnly enumerated all the duties, outside of executive and judicial, that a government should perform and the powers it should exercise, but they gave the government no compulsory authority to enable it to vitalize these principles into action. THE CONFEDERATION 211 These Articles of Confederation made the most stupendous dummy that ever masqueraded as a national power in the history of government; the merest subterfuge for a national government, that held the states together solely by the cohesive power of a common peril, and a patriotism that stands without a parallel. When independence was accomplished, the evils of the confederation plan were aggravated and its utter inadequacy more and more apparent. With the government burdened with debt, with its soldiers clamoring for their pay, with its creditors pressing their just claims with increasing urgency and anxiety, with the diverse laws of the different states as to imports and commerce paralyzing business, naturally discontent rapidly de- veloped, until there was imminent danger of thirteen hostile nations being created out of the hostility to one. No period of American history, colonial or revolutionary, presents so dismal a retrospect as the eight years of the con- federation's existence. The attendance of members of con- gress grew less and less, and ofttimes barely a quorum could be convened to attest to its feeble existence — seldom more than twenty-five members were present. Seven states, represented by twenty delegates, saw Washington close his career of mili- tary glory by resigning, and but twenty-three members, from eleven states, could be mustered to vote for the ratification of the treaty that ended the seven years of war and made inde- pendence an accomplished fact. Among the last entries in the journal of Charles Thompson, permanent secretary, was: "Tuesday, October 21, 1788. From the day above mentioned, to the 1st of November, there at- tended, occasionally, from New Hampshire, et cetera, many persons from different states. From November 3d to January 1st, 1789, only six persons attended altogether. On that day, Reed, of Pennsylvania, and Bramwell, of South Carolina, were present; and after that only one delegate was present (each time a different one), on nine different days." The last record was: ''March 2d, 1789, Mr. Philip Pell, from New York." 212 THE CONSTITUTION AND ITS FEAMEKS The congress wandered from place to place, from Philadel- phia, Trenton, Lancaster, back to Philadelphia, where a mob of exasperated, unpaid soldiers insulted its authority, and com- pelled it to flee. It was becoming the sport and jest of all. To recommend and run was the chief characteristic that the wits of the period applied to this shadow of a representation of an independent people. Neither sigh nor ceremony marked its funeral end. Not a mourner voiced his grief that it was gone forever. Yet its spirit of state supremacy stalked the country for three-quarters of a century, required the mailed hand of the intrepid Jackson to throttle it, and was only exorcised at last by the blood of hundreds of thousands in internecine strife under the leadership of that gentle, tender-hearted martyr whose ringing appeal has at last been realized: "We are not enemies, but friends. We must not be enemies. Though pas- sion may have strained, it must not break our bonds of affec- tion. The mystic chords of memory, stretching from every battle-field and patriot's grave, to every living heart and hearth-stone all over this broad land will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature." Yet, the congress well served a high purpose and taught mankind a lesson never to be forgotten. There is no lesson like an object-lesson — no teacher like experience. The horrors of that congress 's rule, denounced by every patriot of its time, should be known to-day by every American citizen. Its appalling miseries and dangers, the degradations incident to a mere league or confederacy, should be familiar to all, so that every American will realize the value of a sovereign union and will cherish it as the sole preserver of the liberties of the people and of the prosperity and security that is to-day guaran- teed throughout our land. Nor should the people of this day, guided by the light of the experience of our own country and of other countries that have followed in our wake, forget the darkness in which our fathers groped as to the governmental problems they sought THE CONFEDERATION 213 to solve. Our fathers had none of the countless guides to con- stitutional government of and by the people that now exist. The Articles of Confederation were the first step of an infant republic. Complete unification was out of the question. The sovereignty of the states, complete and unquestioned, was a condition that had to exist until experience taught the needed lesson. It was the best, the only, compact possible — a natural, salutary, and necessary part of national evolution. In the march of humanity, progress is slow; missteps and backward steps, in national as in individual life, are the part of our fallibility. The most lasting and truthful lessons come from the most crushing defeats, from the crudest mistakes. The primary school of the confederation started the public study of government. Its awful lessons were living realities that could not be forgotten, teaching the inestimable value of a strong, virile, energetic unity, yet one that leaves to each locality, or state, its untrammelled individual or local develop- ment. The high school came in the formation of the constitu- tion and life thereunder. Now, under the interpreting pro- fessorship of our exalted supreme court, we are in the college of our constitutional education. The day of graduation awaits the distant ages when the wear and tear, the stress and strain, of the great issues and experiences to come under greater de- velopment shall give more enlightened, more comprehensive, broader views of the express and implied powers of that match- less instrument for which the Articles of Confederation paved the way — our constitution — whose eternal mission is: "To form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, and secure the blessings of liberty to ourselves and our posterity;" and whose yet higher mission is the leading all mankind to the same God- ordained destiny. CHAPTER XII THE EEVOLUTION ^VEN a glance at the battles of the Revolution is beyond the province of this book. It attempts to deal with the fundamental law, not the founding war of the nation. The history of those seven years is and always will be hallowed in the American heart. This nation of unequaled wealth, of unsurpassed intelligence, of unparalleled progress, points to no prouder picture than the "ragged regimentals" of the Revolutionary army. In the blood-stained snow, where shoeless feet trod the weary march, it sees the colors that make "Old Glory" thrill every heart. Every state is crowded with counties, every city with streets that perpetuate the names of its immortal heroes, who staked their lives for freedom. In reverent homage our people bare their heads before the countless monuments telling in mute, yet eloquent, eulogy the valor of the valiant dead, while "on Fame's eternal camping-ground their silent tents are spread." General Marion, regaling the sleek, well-fed British general on the full contents of a commissary that included only baked potatoes ; the Quaker soldier, Greene, second only to Washing- ton as a commander, coming in the drizzling darkness to the home of Elizabeth Steele, with the greeting to her: "Yes, I am General Nathaniel Greene, cold, wet, hungry, and penni- less," and this heroine handing him with glad devotion the pittance of her hoarded silver ; the countless privations of the poverty-burdened ranks that faced a well-fed, well-clad, well- accoutred foe on every field; Lexington and Bunker Hill, Trenton, Brandywine, Yorktown, and the ice-filled Delaware, across which benumbed fingers pulled the laboring oars to brave the unequal fight ; Washington kneeling under the snow-- 214 THE EE VOLUTION 215 laden trees at the midnight hour, pouring out his prayer to the God of battles — all are pictures that fill up the galleries of America's glory. Said that son of France, Lafayette, whose abiding home is in the heart of every American since his day : ' ' No European army would suffer the tenth part of what the Americans suf- fer. It takes citizens to support hunger, nakedness, toil, and the total want of pay, which constitutes the condition of our soldiers, the hardiest, the most patient to be found in the world." Washington, in a letter to the secretary of war, speaking of the desperate straits of his men, said they had "suffered everything which human nature is capable of enduring this side of death," adding: "I wish not to heighten the shades of the picture, so far as the real life would justify me in doing, or I would give anecdotes of patriotism and distress which have scarcely ever been paralleled, never surpassed, in the history of mankind." History, as it does of all Washington said, sets the seal of truth on this tribute. Despite every adverse condition, the skill of officers of dauntless courage, the valor of the "men behind the guns" and the self-sacrifice and devotion of all turned defeat into vic- tory. At last came Great Britain's acknowledgment that her trampled-upon colonies were free and independent, and a new nation had been born into the family of governments. The prolonged agonies of our armies, their unrequited sufferings, the death, devastation, and untold hardships that marked the land from end to end, the commercial and business afflictions that weighed it down — all could have been greatly lessened and shortened had such a compact constitutional union as now exists bound the colonies together. That lesson the blood of the Revolution writes for the patriotic intelligence of all times. CHAPTER XIII GEOEGE WASHINGTON |0W often it is that the chief qualities that achieve greatness are lost sight of in the contemplation of other honorable attributes that adorn the objects of the world's adulation. Washington's truthful- ness and goodness, his sincere and unaffected piety, his spot- less purity, his absolute unselfishness, have encrowned his his- toric character with a halo, that, in its glorified radiance, diverts the view from his extraordinary, practical intellectual- ity. He is idealized as the exemplar of the best moral virtues that grace and strengthen mankind. Nor is this amiss. The influence of these moral lessons of his life has reached the inner beings of countless American youths, and lifted them into nobler paths. Wherever that greatest of leaders pointed or led the way, no American of his day feared, nor should any American of any future day fear, to follow him. His insight into what was best for his country, not only for that day, but for all time, subsequent history shows was equal to inspiration, and justifies the belief that One greater than he made him the instrument of the Ruler of All for the betterment of the human race. But in the grateful memory of his noble attributes of heart and of his lofty moral character, his countrymen have lost sight of his statesmanship. Those qualities that enabled him to safely pilot our Ship of State over an unknown and chart- less sea, and anchor it in the harbor of enduring nationality, should be better known and should be part of the educational equipment of every citizen. Serving without salary as commander-in-chief, he stood between the army he loved with a passionate devotion, and 216 GEOEGE WASHINGTON 217 his equally beloved country, when that neglected, unpaid, out- raged army was about to turn its guns upon an ungrateful public, and hurl the country from revolution into anarchy. He never sought position, or campaigned for place. He became a member of the Constitutional Convention after every effort to escape the honor had been made by him in vain, and in response to the universal call, not only of the people of his native state, but of the whole country. His presidency of that convention, his signature to its letters to the congress, the fact that he was certain to be unanimously called to the first presi- dency of the new nation — all had as much to do with the adoption of the constitution as the arguments of its advocates combined. He accepted the first presidency of the United States at the same unanimous call, from a sense of duty and not to serve selfish ambition. He might have easily retained that exalted place for life by unanimous reelection. But being given, without seeking, every position he'ever filled, he volun- tarily and to the regret of his countrymen left these places of highest honor. Leaving no direct descendant to divide his love, his affection was centered upon the people of his country, to whom he devoted a life full of danger and arduous, self- sacrificing labor. Well may he be called the ** Father of his Country. ' ' Washington bitterly realized how his plans had been baffled, and his difficulty added to by the inadequate support of an impotent central government. He knew where its inefficiency had caused the prolongation of the revolutionary struggle and the increased effusion of precious blood. He had seen the suicidal injury of sectional jealousies, and realized full well the baseless fears born of sectional prejudices. He had been intimately acquainted with the men of every section, and knew that one common kinship of patriotic devotion animated all alike. He knew that liberty had an abiding place in every state; that the tyranny which had throttled the happiness and progress of the colonies would never find lodgment in the heads and hearts of any man or assemblage of men who should 318 THE CONSTITUTION AND ITS I'EAMEES direct the destinies of this Union. He knew the inspiration of prominence and place to lofty patriotism. He knew the American spirit of fair play would in the end appeal to a united people, and make secure the rights of every citizen in every corner of this country. He knew the value of public honor in the eyes of the world, and how the example of na- tional and state integrity would impress itself upon the indi- vidual. He knew that an honest government would make honest people ; that where the nation kept its word, the people would keep theirs. Washington knew and predicted this nation's proud place among the nations of the earth once nationality was achieved. With prophetic eye, he foresaw the estrangements that local interests would engender and the antagonisms that ambition would foment among the separate states. He foresaw that the aims and interests of monarchies and despotisms would lead to intrigue and entanglement, attempted by them to accomplish the wrecking of what force had been unable to destroy. He knew that man's self-government hung upon the success or failure of the undertaking here. Washington saw that the independence won by united effort must be preserved by the continuance of that unity. He saw that the power to preserve that which was won must be not only central, but sovereign and supreme. He saw that it must act with the speed and energy of a unit, and that its decrees must not await confirma- tion, but must be clothed with absolute authority. Yet he also realized that the diversified local interests and predilec- tions, the domestic affairs of the different states ought to suffer no intrusion by the national authority. As the nation was without an executive head, Washington 's position as commander-in-chief of the American armies was the most exalted, the most authoritative in the country. He knew full well the glamour as well as the real force of such a station, when crowned with the prestige of complete success. When he was about to relinquish that position, to bid what ■o z a -■ X 5' o ft ^ 2. O „ Z ^8 H 2 = D Z w 1i GEORGE WASHINGTON 219 promised to be a final farewell to the highest place known to his people and to return to the rank of plain citizen, he utilized the strategic opportunity for great good by addressing to the governors of the states a farewell address, the now forgotten argument and advocate for, if not promise and prophecy of, our national unity and national constitution.^ The long disregard of Washington's advice by his country- men stung him to the quick, and when he was importuned to become a delegate to the constitutional convention, it pro- voked him into the only personal complaint he ever uttered against his countrymen, yet in that advice he sowed the seed that, after years of neglect, sprouted, and grew, and bore the fruit of a constitutional republic, a perpetual union. That address stamps him, not only as the most sagacious, resource- ful soldier, but also as the ablest, most far-sighted statesman of his day.^ In his address to congress, resigning his commission, Wash- ington concluded: "Having now finished the work assigned me, I retire from the great theater of action, and bidding an affectionate farewell to this august body, under whose orders I have so long acted, I hereby offer my commission, and take my leave of all the employments of public life." To this, Thomas Mifflin, president of the congress, who had been accused of being among those who had tried to effect the removal of Washington from the supreme command, replied in this historic and prophetic address : "The United States, in Congress assembled, receive with emotions too affecting for utterance the solemn resignation of the authority under which you have led their troops with success through a perilous and doubtful war. Called upon by your country to defend its invaded rights, you accepted the sacred charge before it had formed alliances, and while it was without friends or a government to support you. You have conducted the great military contest with wisdom and forti- tude, invariably regarding the rights of the civil power through * Appendix, pages 579-587. 330 " THE CONSTITUTION AND ITS FEAMEES all disasters and changes. You have by the love and confidence of your fellow citizens, enabled them to display their martial genius, and transmit their fame to posterity. You have pre- served till these United States, aided by a magnanimous king and nation, under a just Providence, to close the war in free- dom, safety, and independence, on which happy event we sin- cerely join you in congratulation. Having defended the standard of liberty in the new world; having taught a lesson useful to those who inflict and to those who feel oppression, you retire from the great theater of action with the blessings of your fellow citizens ; but the glory of your virtues will not terminate with your military command — it will continue to animate remotest ages." Having resigned his commission, "Washington returned to his farm, there intending to pass the remainder of his life as a plain American citizen. Followed by the gratitude, the confi- dence, the honor of his people, it was impossible for him to escape their constant attention. As time passed, the conse- quences of his unheeded suggestions began to develop, and the anxieties of the leading patriots of the day made them turn to him for help. The country was adrift, its congress commanded neither confidence nor respect. It was slimly attended, often without a quorum and unable to put one recommendation in force. The country, in fact, was rapidly approaching the day when the end would be universal confusion, if not internecine strife. Commerce and agriculture, by the vexatious laws of the several states, were being forced into a worse condition than before the revolution. The reaction was at hand, and thousands, regretful of success, were ready to return to the rule of a monarchy powerful enough to give some sort of stability, some sort of security. Patrick Henry said of the first Continental Congress, com- posed of the flower of the country's character, conscience, and ability: "If you speak of solid information and sound judgment, Washington is unquestionably the greatest man of them all." G'EOEGE WASHINGTON 221 In this critical hour, that information and judgment, ripened and enlarged by the intervening events of which he was the central figure, again forced Washington to the front, and made him the leader in the greatest battle of his life — the battle for the constitution of the United States. CHAPTER XIV THE BATTLE FOR THE CONSTITUTION |HE difficulties which beset the way of the adoption of the constitution that made the United States a nation now honored by all can be properly appre- ciated ohly by a more extended view of the con- dition of the colonies, from their origin to that momentous accomplishment, than this book can be permitted to give. The most insurmountable difficulty arose, as has already been seen, from the born and bred prejudices and the hereditary char- acter of the different settlements. The well-grounded appre- hensions of interference with their local .customs," habits, opinions, and laws ; their intense loyalty and devotion to the only local sovereignty they had ever known; their life-long resistance to the tyranny of a supreme power that had out- raged and denied their cherished rights ; the accomplishment of the supreme desire to rule themselves as they saw fit ; all these forced on the colonists the feeling that to establish a central authority superior to themselves was to enthrone the very demon they had destroyed, was to surrender the chief fruits of the victory achieved. The Southerner looked with a mixture of amusement and contempt upon the New Englander who was not allowed to kiss his wife from dusk of Saturday to dusk of Sunday, while the wife, at the same time, was not allowed to make the bread that merited that kiss. The New Englander threw up his hands and gave nasal voice to his horror over the speeding steed, the shuffling card, the sparkling julep that so delighted his Southern neighbor. There were many of these mole-hills of customs that in the aggregate made mountains, and there were mountains of local interests and diverse occupations, 222 THE BATTLE FOR THE CONSTITUTION 223 whose growth kept pace with the country's progress, and to this day tower above us. Naturally, these differences and provincial predilections promoted, with the masses, a prefer- ence for a mere league between the states. Recall, now, the fact that every one of the efforts for union, up to the adoption of the constitution, was solely for the purpose of common defense. Not one of them proposed any plan wherein the league or unity even hinted at any authority over the people of the respective colonies or states. All were upon the theory of the sovereignty of each distinct community. Much of the opposition to the Articles of Con- federation was that they looked to a national existence. State independence had been ground into the colonists' whole political being. The survival of that idea is not surprising. "With the peril that had caused their united action gone, the states returned to their own separate affairs, and the con- federacy grew in debility, weak as it was to begin with. The states began to quarrel about boundaries. They began to make separate arrangements with foreign nations as to commerce, bidding against each other for trade in reduced tariffs. They commenced to enact import duties against each other, so that if a farmer took his produce or a merchant took his wares from one state to another, he had to pay a duty before he could dispose of them. They started to adopt all the policies of governments foreign to each other — a condition that was sure to end in aggravated estrangements. George Ticknor Curtis, in his ''History of the Constitution," says: ''This brief interval was full of suffering and peril. There are scarcely any evils or dangers of a political nature, and springing from political or social causes, to which a free people can be exposed, which the people of the United States did not experience during that period." John Fiske, in his great historical work, terms it "The Critical Period of American History," saying: "It is not too much to say that the period of five years following the peace 334 THE CONSTITUTION AND ITS FEAMERS of 1783 was the most critical moment in all the history of the American people." The government of the confederation was spoken of in Massachusetts as a foreign government, and John Adams said that the members of its congress more resembled ambassadors from their respective states to a foreign power than members of a common government. Says John Marshall, in his "Life of "Washington": "An opinion began to prevail that the government must be in- vigorated by agreement or by force, and that a part of the opposition to the convention originated in a desire to establish a system of greater energy than could spring from consent." The secretary of war for the confederation wrote to Wash- ington: "The mass of the people feel the inconvenience of the present government, and ardently wish for such alterations as would remedy them. These must be effected by reason and by agreement, or by force." The weary five years' travel of the Articles of Confedera- tion to their final adoption show the extent of dissatisfaction they early encountered. In September, 1780, Alexander Hamil- ton, from his tent, wrote to James Duane, a member of the Continental Congress from New York, on the subject of state supremacy and a national government, as provided for in the Articles of Confederation, and urged the calling of a general convention in the following November, with full power to conclude upon a general confederation. In this communication he set forth an outline of such a constitution as he deemed essential for an efficient government, stating that the plan of the articles then before the congress was neither fit for war nor peace, and that but for Washington, some of the lines of the army would obey the states instead of congress. In 1782, Hamilton's father-in-law. General Philip Schuyler, was a member of the New York legislature, and through him Hamilton submitted such a national system for their recom- mendation to the Continental Congress and the states. That legislature unanimously made the recommendation, calling a THE BATTLE FOE THE CONSTITUTION 325 convention to revise and amend the articles, by giving to con- gress an increase of authority. The Massachusetts general court, or legislature, did the same, but the Massachusetts members of congress induced their state legislature to recon- sider and repeal the action. Again, in 1783, while a member of congress, Hamilton urgently sought to have such a convention called. In the same year, Pelatiah Webster, a man of much local note, and Thomas Paine contributed addresses to the public to the same effect. In 1784, Noah Webster, whose fame now rests on his Dictionary, but who was an able and influential writer on political and economic questions, wrote a pamphlet, which he carried in person to Washington, proposing "a new system of government which should act, not on the states, but directly on individuals, and vest in congress full power to carry its laws into effect." The plan deeply impressed Wash- ington. The scarcity of newspapers made pamphlet writing the favorite and most influential method of discussing public questions in that early day. The people had no guide in past history for the government they all wanted. The nearest gov- ernments to their ideals were the Grecian and Roman re- publics. The assumed names over which they wrote show to what an extent those far-off republics were studied for the desired plan of this new republic. Sir Henry Maine says: "From the fall of the Roman re- public, there was on the whole, for seventeen centuries, an almost universal movement towards kingship. From the reign of Augustus Caesar to the establishment of the United States, it was democracy which was always, as a rule, on the decline." It is harder to conquer prejudice than it is to convince the reason. The habits, the prejudices, and the tendencies of the times, as well as of localities, had all to be combated. The pride caused by the assumption of individual success in what had been accomplished by united effort flushed each state with the victory achieved over England, and each felt abun- 226 THE CONSTITUTION AND ITS FEAMEES dantly able to take care of itself, since no threat of a foreign foe confronted it. Selfish motives swayed many of the am- bitious. The spirit, "I had rather be the first man in a village than the second in all Rome," prompted too many. No great teacher with governmental experience told the advantages of such a government as we have. The states had known and could see the narrow profit accruing to individual dicker with the foreign countries with which centered the bulk of their commerce. They had yet to learn that independence and interdependence were blended essentials. But selfishness was fast overleaping itself, and the cutthroat policy pursued as to each other was recoiling upon all, and blocking business at home as well as abroad. Commerce and agriculture at last clasped hands with sagacious politics in seeking to promote and establish the common security. Neither could longer endure the burdens that confined it to the bounds of its im- mediate locality. That the home market was the best market was beginning to dawn upon them. "Washington, Franklin, Hamilton, Madison, and a few others of far-reaching foresight had the ultimate end in view, but the path to it had to be pursued with all the cunnin-g known in tracking the wily warriors of the forest. To proclaim the purpose of national unity was to court defeat. The leaders as well as the masses had to be educated up to it. Conferences must be held to convince the able and influential. Self-interest as well as patriotism must be appealed to. Patience and prudence to the utmost must be practiced to convince the public that profit was in the answer to the appeal of necessity ; that gain and glory would be the twin offspring of national unity. There is but little question, if any, that the large majority of both the leaders and the masses were, at first, opposed to the creation of a national government. When the delegates to the convention that framed our constitution were elected, national unity was not the avowed purpose of that convention. If such purpose had been announced and understood in ad- THE BATTLE FOR THE CONSTITUTION 227 Vance, no such convention would have convened for years, if ever. For the states w^ere fast drifting towards the abyss of domestic strife through disputes over lands claimed within and beyond their respective borders, over their boundaries, over the share of the public debt that each should discharge, and over many other sources of irritation that would have left them so embittered as to make their union impossible. Contentions of every description were cropping out of the conditions that promised peace and prosperity. New Jersey refused to pay her quota of the debt of the Revolution. New York refused to pass one amendment, and Rhode Island an- other, agreed to in each case by the other twelve states, enabling the congress to raise a revenue to pay the interest on the public debt, and since unanimous action was necessary to amend, the last means to meet the obligations all had pledged their honor to discharge was lost. The states began to repudiate their debts and to enable their citizens to do practically the same thing, by passing laws whereby, in the language of Justice Joseph Story: ''Property of any sort, however worthless, either real or personal, might be tendered by the debtor in payment of his debt; and the creditor was compelled to take the property of the debtor, which he might seize on execution at an appraisement wholly disproportionate to its real value ; such laws entailed the most enormous evils on the country, and introduced a system of chicanery, fraud, and profligacy which destroyed all private confidence, industry, and enterprise." This public dishonor of sacred obligations, as is always the case, was spreading to individuals who were beginning to disregard the law. The Shays' Rebellion, openly defying the courts and the government, broke out in Massachusetts. Wash- ington and his ablest compeers were overwhelmed with despair at the outcome of their unselfish sacrifices, and were beginning to feel that universal anarchy was rapidly approaching. Take his words: "It is getting to be a matter of regret that so much blood 328 THE CONSTITUTION AND ITS FEAMERS and treasure have been lavished for no purpose, that so many- sufferings have been encountered without compensation, and that so many sacrifices have been made in vain." Or, "Provi- dence may for some wise purpose of His own suffer our indis- cretions and folly to place our national character low in the political scale." Or, "We have probably had too good an opinion of human nature in forming our confederation. Ex- perience has taught that men will not adopt and carry into execution measures best calculated for their own good, without the intervention of coercive power. I do not conceive we can exist long as a nation without lodging somewhere a power which will pervade the whole Union in as energetic a manner as the authority of the state governments extends over the several states." Or, "I am told that even respected characters speak of a monarchical government without horror. From thinking proceeds speaking, thence to acting is often but a single step." Or, "You talk of influence to appease the present tumults. Influence is not government. Let us have a gbvern- ment by which our lives, liberty, and property will be se- cured." Or, "The want of energy in the Federal government, the pulling of one state and parts of states against another, and the commotions among the eastern people, have sunk our national character below par, and have brought our politics and credit to the brink of a precipice. A step or two more must plunge us into inextricable ruin. Our affairs are drawing to an awful crisis." Or, "However delicate the revision of the Federal system may appear, it is a work of indispensable ' necessity. The present constitution is inadequate ; the super- structure is tottering to its foundation, and without help will bury us in its ruins." In one of his later letters, he says: "In our endeavors to establish a new general government, the contest, nationally considered, seems not to have been so much for glory as existence. It was for a long time doubtful whether we were to survive as an independent republic, or decline from our THE BATTLE FOR THE CONSTITUTION 239 Federal dignity into insignificant and wretched fragments of empire. ' ' During the winter of 1785-1786, the congress received in five months less than one-fourth enough to support it for a single day, and the national army had dwindled to eighty men. Seven of the states, Massachusetts, Connecticut, New York, Virginia, the two Carolinas, and Georgia, claimed the land west of them to the Mississippi ; the first four that then known as "The Northwest Territory," and now comprising the states of Ohio, Indiana, Illinois, Michigan and Wisconsin. The be- lief that they could dispose of this land so as to pay off the war debt, and relieve the several states from the heavy burden of their share thereof, was one of the strongest bonds that held them together. It is interesting to follow the historic course of events. The repeated efforts, vainly made, to induce congress to start the action for a revision of the Articles of Confederation and the known attitude of its leaders, convinced those favoring a national government that the cause was hopeless through con- gress. But congress had no power over commerce. As to commerce, the states could act unhampered. The first adroit move was to get Virginia and Maryland to appoint commissioners to meet at Alexandria to arrange some uniform plan to prevent smuggling and to regulate com- merce over the Potomac that divided them. This was done in March, 1785. The commissioners met, and adjourned to meet at Mt. Vernon, to consult with the one man whose wisdom all of the states respected, if not revered — Washington. Washington's first services as a soldier had been along the headwaters of the Ohio. He knew the value of the vast terri- tory beyond the Alleghanies, and the danger of that territory drifting to a connection with Spain, which then owned the land far up and beyond the Mississippi. For several years he had labored to get a canal built connecting the Potomac with the Ohio. With a political end in view, he had refused the magnificent tender of the fortune he needed in the shares of 330 THE CONSTITUTION AND ITS FEAMEES the canal company voted him as a testimonial for his "unsur- passed services." If that canal was completed, Pennsylvania had to be consulted, as it would pass through her territory. Then Pennsylvania and Delaware were interested, as well as Virginia and Maryland, in the commerce over Chesapeake Bay. As the conference progressed, the need of similar action by all the states on commercial matters grew more and more apparent. Other matters of identical and coordinate concern developed in importance. At last, the conference educated the commissioners up to the opportune moment, and "Washing- / ton seized it to sound the key-note, which was caught up by / the intelligent patriotism of the country. He said: "The / proposition is self-evident; we are either a united people, or we are not so. If the former, let us in all matters of national concern, act as a nation, which has a national character .to support. If the states, individually, attempt to regulate com- merce, an abortion or many-headed monster will be the issue. If we consider ourselves, or wish to be considered by others, as a united people, why not adopt the measures which are characteristic of it, and support the power and dignity of one. If we are afraid to trust one another under qualified powers, there is an end of union." Commerce was the key-note. They must sail into the harbor of a Union, under a government that was a government, on the ships of commerce. This meeting was followed by an invitation, combining as much of diplomacy as of practical common sense and patriot- ism. Virginia sent that invitation to all of the states, asking them to send delegates to a "Trade Convention," to be held at Annapolis on the second Monday in September, 1786. To this convention none of the New England states sent any rep- resentatives, nor did Maryland, South Carolina, and Georgia. New Hampshire, Massachusetts, Ehode Island, and North Carolina did appoint delegates, but so little was thought of the movement that they did not attend. But five states, New THE BATTLE FOE THE CONSTITUTION 231 York, New Jersey, Pennsylvania, Delaware, and Virginia were represented. This conference resulted in accentuating the need of re- vising the Articles of Confederation. After issuing a call, drawn by Alexander Hamilton, to send delegates for that purpose to a convention in the following May, the convention adjourned. But in its call it took a long step forward. The Alexandria conference was simply to regulate com- merce between Virginia and Maryland. The Annapolis con- ference was called to regulate commerce between all states, but commerce alone was the topic to be touched. The purpose of the next convention was stated to be as follows : "To take into consideration the state of the United States, to devise such further provisions as shall appear to them necessary, to render the constitution of the Federal govern- ment adequate to the exigencies of the Union and to report such an act for that purpose to the United States in congress assembled, as when agreed to by them, and afterwards con- firmed by the legislatures of every state, shall effectually provide for the same." Hamilton, Madison, and many others of profound patriotic intent understood what that language meant, but the public in general did not. It proclaimed the purpose of a more efficient government, the necessity for which all admitted, but not the national government they really needed, yet could not understand, and therefore dreaded. It was broad enough to build on it the "new roof," as the proposed constitution was aptly called, but the full purpose was not stated. Its authors were ahead of their day and they knew it. But they also knew that the educating development of opportunity would lead their countrymen to the same convictions that their pro- found, experienced, and intimate knowledge of public affairs had forced upon them, and that in due time they could safely and fully proclaim and openly advocate the broader measures contemplated. Subsequent events showed the accuracy of their judgment. 233 THE CONSTITUTION AND ITS FEAJIEES This proposition was made before the congress in October, 1786, and at the same time before the legislatures of all the states. Congress halted. The states took the matter up. Virginia was the first state to act. Her legislature unani- mously approved the proposition and appointed the governor, Edmund Randolph, George Washington, Patrick Henry, James Madison, George Wythe, George Mason, and James Blair as delegates. Washington's reappearance in public life was hailed with universal joy by the advocates of a better government. It gave the movement an impetus and respectability that no other action could have effected. Soon six more states fell into linC;, and selected delegates. Congress was still opposed to this movement that it had not inaugurated, but the movement had gained such headway that it could no longer be ignored. Rufus King and Nathan Dane, of Massachusetts, up to this time had delayed acting upon the call of the Annapolis convention, contending that congress must propose, and that the states ought to ignore such a self- constituted convention. Unable, however, to longer head it off, and endeavoring to get around the inevitable, Mr. King moved that congress should propose a convention identical with the one called. This resolution was not passed until February 28, 1787. It read : "In the opinion of congress to be expedient that, on the second Monday in May, next, a convention of delegates who shall have been appointed by the several states to be held at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to congress and the several legislatures such alterations and provisions therein, as shall, when agreed to in congress, and confirmed by the states, render the Federal constitution adequate to the exi- gencies of government and the preservation of the Union." These two calls because of their difference raised a question which was sprung as soon as the convention met. The broad proposal of the Annapolis convention justified such an entire THE BATTLE FOR THE CONSTITUTION 233 revision of what they called the constitution as actually re- sulted. The narrow resolution of congress justified simply a revising of the Articles of Confederation. The states, too, showed the same divergence in the resolu- tions appointing their delegates. Some of these resolutions read, "For the purpose of revising the Federal constitution"; others, "to decide upon the most effective means to remove the defects of the Federal Union"; others, "for the sole and express purpose of revising the Articles of Confederation"; others, "to render the Federal constitution entirely adequate to the actual situation." Under such conflicting calls and appointments, no little confusion existed as to the powers and authority of the con- vention, especially at a time when the states were so rightfully assertive of their sovereignty, and were united by so loose a bond under the confederation. Says Hildreth: "At the very threshold of debate, an im- portant question arose, and at every step, it threatened to recur. What was the limit of the powers of the convention? Would the amendment of the Articles of Confederation be carried so far as to establish an entirely new system? "The answer, that, whatever they might submit had to be agreed upon by conventions specially called for that pur- pose by the legislatures of the respective states, and that the question of authority was of but little consequence, and ought not to deter the convention from proposing a plan fully ade- quate to the existing difficulties." ; In law and logic, the common sense doctrine has ever pre- vailed, that ratification of a previously, unauthorized act of an agent gives that act the same validity as if previous sanction had been bestowed. This point, that the convention exceeded its authority in providing for a national government, was raised in the convention, and in every state by the opponents of the constitution. The convention's action was ratified by the adoption of the constitution, and that ratification removes all ground for criticism on the foregoing account. 234 THE CONSTITUTION AND ITS TEAMEES Washington always dealt fairly with the American people in the adoption of any course of conduct. His letter as presi- dent of the convention, submitting the constitution, left no ambiguity. In it, he says, ^'It is obviously impracticable in the Federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. "In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our union, in which is involved our prosperity, felicity, safety, perhaps our na- tional existence." This letter unfurled the flag of a national government. It proclaimed the purpose of the army marshalling under the lead of the "Father of his Country." Upon these plain propo- sitions, the vote was cast and the ratification was made. i To this convention, the greatest, the most momentous ever held in America, if not in the world's history, all of the states-t?^ sent delegates, except Rhode Island. Conference convinced its leaders of the absolute necessity of a permanent, authorita- tive, central government, clothed with ample powers to en- force its enactments, yet leaving to the states complete control as to their internal and local affairs. To establish such a com- plex, yet composite system; to overcome the prejudices born of such fateful experience ; to provide for the liberties all had risked and suffered so much to secure; to gain forever the united power of all for mutual protection and mutual prog- ress, yet not to reenthrone the central tyranny that had so oppressed them, was the desired and difficult task at hand. The result was not what even a majority of the delegates had wished, but was a compromise. Yet it has since grown in the regard and reverence of our whole people and has become the admiration of the world, and the model of the world's re- publics. To posterity's lasting regret, it was resolved to keep the proceedings of the convention secret and only to make the THE BATTLE FOE THE CONSTITUTION 235 result known. Messrs. Martin and Yates took brief notes which were afterwards published, and James Madison kept a diary which was not published until over half a century had passed, when by order of the United States congress, to whom it had been left, it was given to the world. The journal of the convention was left with Washington, was by him deposited with the department of state and was published in 1818, by order of congress. On May 14th, the day the convention was called to meet, so few of the delegates had arrived that the convention was not called. Nor did it convene in formal session until May 29th. Even then there were only twenty-nine delegates, repre- senting nine states. The convention met in the same historic building where the Declaration of Independence was signed — Carpenter's Hall, Philadelphia. Washington was unanimously chosen president. He opened the proceedings with a brief address that sent this solemn warning to the heart of every member : "It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterwards defend our work? Let us raise a standard to which the wise and the honest can repair; the event is in the hands of God." Four different plans were then in due course subniitted, with elaborate arguments in favor of each by their proponents. Virginia, being the most populous state, and having been the first to take legislative action in regard to the call for the convention — if indeed she was not the originator of it — had the honor of having her representative, Governor Randolph, present his plan and open the discussion. Charles Pinckney, of South Carolina, followed with his draft of a constitution, far more elaborate and systematic than any other plan sub- mitted. In form, substance, manner, and arrangement, this so resembled the constitution finally adopted that it must be i)^.-\-'^ ^v-vt-' given the credit of being the framework about which our con- .^^^ ^"f' <^ if 236 THE CONSTITUTION AND ITS FEAMEES stitution was built. Mr. Paterson, of New Jersey, followed with what is known as the New Jersey or "state rights" plan of government. Mr. Hamilton explained his wishes in an able address, but hopeless of having his extreme views adopted, did not submit written propositions, as did the others. He considered the national plan of Messrs. Randolph and Pinck- ney as but little better than that of Mr. Paterson, saying that "they were but pork still, with a little change of the sauce." It is remarkable that, without a single exception, there was one common provision embodied in all of these several plans, that was that the laws and treaties of the general gov- ernment should be the supreme law of the land, and that the judges in all the states should be bound thereby in their decisions, anything in the laws of the states to the contrary notwithstanding. The extreme "state rights" plan of Mr. Paterson, Section 7, provided: "If any state or any body of men in any state shall oppose or prevent the carrying into execution such acts or treaties, the Federal executive shall be authorized to call forth the powers of the Confederate States, or so much thereof as may be necessary, to enforce and compel an obedience to such acts and treaties." These various plans were debated until the 26th of July, when the committee of the whole house reported a series of resolutions, the first of which read as follows : "Resolved, that it is the opinion of this committee that a national government ought to be established, consisting of a supreme, legislative, judiciary, and executive." These resolutions were referred to a committee of five, termed the Committee of Detail, consisting of Messrs. Rut- ledge, Randolph, Gorham, Ellsworth, and Wilson. The first of the series of resolutions reported by this com- mittee reads : "Resolved, that the government of the United States ought to consist of a supreme, legislative, judiciary, and executive." Thereupon, the convention instructed this committee to report a draft of a constitution in accordance with these reso- THE BATTLE FOE THE CONSTITUTION 237 lutions, which it did on August 6th. The draft consisted of a preamble, worded like that of Mr. Pinckuey, and twenty-three articles. This draft was debated until September 8th, when it was referred to a committee of five, termed the Committee of Style and Arrangement, consisting of Messrs. Johnson, Madison, Gouverneur Morris, Hamilton, and King. This com- mittee made numerous changes, not only in the style and arrangement of the articles of the submitted constitution, but in its most material provisions, and reported it back, so changed, on September 12th. These changes it will be well to recur to in the subsequent discussion of the preamble of the constitution. Among the most noticeable and vital were these: The preamble read: ''We, the people of the states of" — naming all of the states. This was changed to read: "We, the people of the United States." The senate was given exclusive authority to make treaties, and to appoint ambassadors, etc., to foreign countries, and judges of the United States courts. This was changed, em- powering the president to make treaties by and with the ad- vice and consent of the senate, and to nominate such officials and appoint them by and with the advice and consent of the senate. Senators were prohibited from holding office for one year after the expiration of their term of election. This prohibition was stricken out. In case of a controversy between the states, or over lands claimed by grants from different states, application had to be made to the senate to create a tribunal to settle the contro- versy, the contestants agreeing upon the persons who should constitute the tribunal. If the contestants could not agree, the senate was to select them from a number submitted to choose from. This was changed, and such matters relegated to the United States court; the Supreme Court being given original jurisdiction when the controversy was between states. 238 THE CONSTITUTION AND ITS FRAMERS The Supreme Court was to try all impeachments. These were transferred to the senate for trial. The senate was not allowed to either originate or amend bills to raise a revenue. This was changed, allowing the senate to amend such bills. The president was to be elected by congress for a term of seven years, to be ineligible for reelection, and his title to be "His Excellency." This was changed to his election by electors specially chosen therefor; the term to four years; re-eligibility allowed; and his title omitted. All bills were to be passed upon by the president within seven days. This was enlarged to ten days. Three years' resi- dence made one eligible to the house of representatives; four years to the senate. This was changed to seven years for the house ; nine years for the senate. Congress was allowed to establish a property qualification for eligibility to the house and senate, and the states were to pay the salaries of their senators and representatives. The property qualification was stricken out, and the salaries made payable by the national government. No navigation act, or regulation of commerce, could be enacted but by the vote of two-thirds of those present in both houses. This was changed, giving congress unlimited control over such legislation, except that no duty could be imposed upon exports. To amend the constitution, two-thirds of the legislatures of the states had to petition congress, then congress had to call a general convention to pass upon the amendment before it was submitted to the states. This was changed so that con- gress, by a two-thirds vote, or the legislatures of two-thirds of the states, could propose an amendment, and the legislatures, or conventions specially called therefor in all of the states, had to ratify it by a vote of three-fourths of all the states. Conviction for treason could be secured on the testimony of two witnesses. This was changed to conviction on the THE BATTLE FOE THE CONSTITUTION 239 testimony of not less than two witnesses to the same overt act, and never upon confession, except in open court. These many important and material changes in the draft of the constitution submitted to the Committee on Style and Arrangement are overwhelming proofs that every one of the changes were diligently considered by the entire committee, and were not the work of any one man. There is this addi- tional evidence that the entire convention carefully considered all of these several changes : From the 12th to the 17th of September, this final draft was debated by the convention, important amendments being offered by Franklin, Madison, Randolph, and others, all failing of passage, with the exception of that recommended by "Washington, increasing the ratio of representation in the house of representatives from one in every forty thousand, to one in every thirty thousand of the population. The constitution was engrossed and signed by all of the members remaining, except Messrs. Gerry, Mason, and Ran- dolph, and then transmitted to the congress, with the resolu- tion and letter of the convention, as set forth in the Appendix ; whereupon the convention adjourned. The difficulties it had to overcome and the rapidity of its educating influence upon its members may be somewhat appre- ciated by the following advanced expressions from the leading men of the country, in and out of the convention. John Jay: "The people who owned the property of the country should govern it." Elbridge Gerry: "The evils that we experience flow from an excess of democracy. The people do not want virtue, but are the dupes of pretended patriots." Edmund Randolph: "In tracing these evils to their origin, every man finds them in the turbulence and follies of democ- racy. ' ' John Dickinson: "I consider a limited monarchy the best government in the world." 240 THE CONSTITUTION AND ITS FRAMERS Alexander Hamilton : ' ' The British government is the best government in the world." Pierce Butler, as to the election of president and senators : "An election by the people is an impracticable mode." Gouv^rneur Morris: ''A life senate so as to protect the rich against the poor. There never was and never will be a society without an aristocracy," Oliver Ellsworth: ''A new set of ideas seems to have crept in since the Articles of Confederation were established. Con- ventions of the people, or with power derived from the people were not then thought of." James Madison: ''The majority will oppress the wealthy minority. ' ' The conferences and discussions by the members of that convention changed this current of opinion, and made the majority of these very men the earnest advocates for the adoption of a constitution that provided for and recognized the people as no instrument of any government had ever done before : one that put in sacred and durable shape the hopes, the aspirations, and the efforts of the down-trodden and strug- gling masses since the dawn of government. James Wilson aptly expressed the consensus of this edu- cated, developed opinion: ''Without the confidence of the people, no government, least of all a republican government, can long subsist. The election of the first branch by the people is not the cornerstone only, but the foundation of the fabric." Alexander Hamilton followed with: "It is essential to the democratic rights of the community that the first branch be directly elected by the people." The two theories, national and state supremacy, were at war from the start. Disruption was often dangerously near. Debates were heated. Interests clashed. Egotism asserted its baneful influence. Prejudices drew asunder. Lack of confidence in the people's judgment and the absence of any guide in such weighty work left the convention in almost hopeless confusion. Some of the delegates were so dissatisfied THE BATTLE FOE THE CONSTITUTION 241 before the convention was half over that they left. Others were never reached by the kindlier spirit of conciliation that marked the closing hours, and fought the constitution to the end in their respective states. The outburst of Mr. Bedford, that if the smaller states were not accorded the equality in congress demanded, "A foreign power stood ready to take them by the hand," exhibited the drifting . toward monarchy, appre- hended by many before the convention met, and created an alarm that startled every member of the convention. At one time Washington was so near the only surrender of his life that he wrote to a friend : "I almost despair of seeing a favorable issue to the proceedings of the convention, and I do, therefore, regret that I had any agency in the busi- ness." Four figures in that convention tower above all others: Washington, Franklin, Hamilton, and Madison. Washington made but one address upon its measures during it all. His position forbade the indelicacy of further participa- tion. His single speech was at the end, to secure conciliation and better care for the people. But his sound judgment, that Patrick Henry years before so extolled, was constantly ex- ercised, and had its influential effect. This, with Franklin's last appeal, carried the day. Franklin was too feeble to de- liver his appeal, but he wrote it out and his able colleague, James Wilson, read it. Franklin's keen and humorous satire as to the opinionated, in this address, unhorsed some of the opposition ; his paternal advice persuaded others ; his practical common sense convinced the wavering that the plan offered was the best obtainable. This admirable address, so full of truthful suggestion to this day, was as follows : "I confess that there are several parts of this constitutiou / which I do nut at present approve, but I am not sure that shall never approve them; for, having lived long, I have ex- perienced many instances of being obliged, by better informa- tion, or fuller consideration, to change opinions, even on important subjects, which I once thought to be right, but i/ 243 THE CONSTITUTION AND ITS FRAMERS found to be otherwise. It is, therefore, that the older I grow, the more apt I am to doubt my own judgment and to pay- more respect to the judgment of others. /^Most men, indeed, as well as most sects in religion, think themselves in possession of all truth, and that whenever others differ with them, it is so far error. Steele, a Protestant, in a dedication tells the Pope that the only difference in our churches in their opinions of the certainty of their doctrines is, 'The Church of Rome is in- fallible, and the Church of England is never in the wrong.' But though many private persons think almost as highly of their own infallibility as that of their own sect, few express it so naturally as a certain French lady, who, in a dispute with her sister said: 'I don't kno"vV how it happens, sister, but I meet with nobody but myself who is always in the right — 41 n'y a que moi qui a toujours raison.' "In these sentiments, I agree to this constitution with all its faults, if they are such ; because I think a general govern- ment necessary for us, and there is no form of government but what may be a blessing to the people if well administered, and I believe further that this is likely to be well administered for a course of years, and can only end in despotism, as other forms have done before it, when the people shall have become so corrupted as to need despotic government, being incapable of any other. I doubt, too, whether any other convention we can obtain may be able to make a better constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests and their selfish views. From such an assembly, can a perfect production be expected? It, therefore, astonishes me to find this system approaching so near to perfection as it does ; and, I think that it will astonish our enemies, who are waiting with confidence to hear that our councils are con- founded, like those of the builders of Babel, and that our states are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus, I consent THE BATTLE FOR THE CONSTITUTION 243 to this constitution, because I expect no better, and because I am not sure that it is not the best. The opinions I have had, of its errors are sacrificed to the public good. I have never whispered a syllable of them abroad. Within these walls, they were born, and here they shall die. If every one of us in returning to our constituents were to report the objections he has had to it, and endeavor to gain partisans in support of them, he might prevent its being generally received, and there- by lose all the salutary effects and great advantages resulting naturally in our favor among foreign nations, as well as among ourselves, from our real or our apparent unanimity. Much of the strength and efficiency of any government in procuring and securing happiness to the people, depends on opinion — on the general opinion of the goodness of the government as well as the wisdom and integrity of its governors. I hope, therefore, that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this constitution (if approved by congress, and confirmed by the convention) wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well administered. On the whole, I cannot help expressing a wish that every member of the convention who may still have objections to it, would with me on this occasion doubt a little of his own infallibility and, to make manifest our unanimity, put his name to the instrument." On September 17, 1787, the constitution was signed, the immortal work of the convention completed, and its four months' session ended by final adjournment. Its members often spoke of the impressive solemnity of that final hour. James Madison concludes his diary of its deliberations as follows : "Whilst the last members were signing. Dr. Franklin, look- ing toward the president's chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that painters had found it difficult to distinguish, in their 344 THE CONSTITUTION AND ITS PRAMERS art, a rising from a setting sun, 'I have,' said he, 'often and often, in the course of the session, and the vicissitudes of my hopes and fears as to its issues, looked at that behind the president, without being able to tell whether it was rising or setting. But now, at length, I have the happiness to know that it is a rising, and not a setting sun.' " The completion of the immortal work of the convention far from ended the battle. The opposition of the convention was renewed. Rufus King had come over to the standard of the new constitution, but others of great influence and emi- nence were arrayed against it. These were led by Richard Henry Lee, who had moved the Declaration of Independence, and the preparation of the Articles of Confederation, and Nathan Dane still lent his able opposing aid. Says John Marshall: "They seemed firmly persuaded that I the cradle of the constitution would be the grave of republican ( liberty." To advocate the adoption of the constitution was for that congress and the confederation it represented, to urge the signing of its own death warrant. Eight days of anxious debate ensued as to whether the constitution should be sub- mitted to the people. Madison, "Light Horse Harry" Lee, and Edward Carrington made heroic efforts for its submission. Richard Henry Lee, from the fact that the plans pro- posed were the products of young men — Charles Pinckney was ttwenty-nine, Hamilton thirty, Randolph thirty-four, and Pater- fson forty-two years of age — denounced it as "the work of visionary young men." This is not the only time that "the atrocious crime of being a young man" gave to gifted Americans a crown of glory. The young, but mature young, statesmen of the congress rallied with all the impetuous vigor of their sturdy manhood, and urged the submission to the people of the constitution, whose growing power and importance was day by day newly im- pressing all. Just at that moment, New York knocked out the last prop THE BATTLE FOE THE CONSTITUTION 245 for raising the revenue imperatively needed to pay the interest on the public debt, by refusing to assent to the amendment to the Articles of Confederation allowing duties to be levied on imports. Thereupon the helpless, impoverished congress yielded. The best, however, that could be obtained was a decision to merely submit the constitution to the people, neither approv- ing nor disapproving of it. The resolution to do this read as follows : "That the said report, with the resolution and letter ac- companying the same, be transmitted to the several legisla- tures in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolve of the convention made and provided in that case." This resolution passed on September 28, 1787. From that time the battle was then carried to the states. Great men in each state fought it with all the earnestness and skill they could command. In Virginia, Patrick Henry, George Mason, Richard Henry Lee, and James Monroe, opposing it, were pitted against James Madison, George Wythe, John Marshall, and Edmund Ran- dolph. Wilson led the splendid fight for it in Pennsylvania, aided by the feeble, yet powerful Franklin. Hancock and at first Samuel Adams, in Massachusetts, were lukewarm, if not hostile. Elbridge Gerry had refused to sign, and was bitterly opposed to the ratification. He had been defeated for a seat in the Massachusetts convention, but was a formidable power against ratification, nevertheless. In this situation, Paul Revere outdid his former famous ride, and brought to the constitutional party the needed alliance of Samuel Adams. The voice of the people was potent with Mr. Adams. Revere gathered the mechanics in a meeting at the Green Dragon Tavern in support of ratification, and was made chairman of the committee to report their resolutions to Mr. Adams and the convention. "How many mechanics were at 346 THE CONSTITUTION AND ITS FKAMEES the Green Dragon when these resolutions were passed?" asked Mr. Adams. "More, sir, than the Green Dragon could hold," replied Revere. "And where were the rest?" "In the street." "And how many were in the street?" "More, sir, than there are stars in the sky," replied the enthusiastic Re- vere. That settled it. Mr. Adams came over to the forces of the constitution, and the Massachusetts convention ratified it. Rutledge and the two Pinckneys led the forces for the constitution in South Carolina, and Baldwin in Georgia. Both states swung into the conquering line, the latter by unanimous vote. Of all the states represented, in North Carolina alone was ratification defeated. In no state did the battle rage fiercer than in New York. Governor Clinton, the most influential man in the state, Yates, Lansing, and Melancthon Smith, an orator of unusual power, bitterly opposed its ratification. The convention elected to consider it was overwhelmingly against it. Hamilton, Madison, and Jay united their massive batteries in the "Federalist," and Hamilton, an army in himself, had to make almost the sole contest in the convention. Never was a greater victory won by one man. His convincing arguments first made captive Melancthon Smith, and changed him into an aggressive ally. Others followed. The discussions were prolonged until it was known that nine states had ratified the constitution and that the Union under the constitution was an accomplished fact. It was then seen that if New York stayed out she would be located with this union of states on the north, east, and south of her, and the alien British possessions on the west. By the narrow margin of three votes, her once hostile convention turned into a friendly convention, and the great state of New York was enrolled under the constitution. Nor in this great battle of intellectual patriotism did Wash- ington lose his always foremost place. During his whole career, he seldom spoke ; but when he did, his utterances were condensed words of wisdom that sank deep into the hearts of THE BATTLE FOR THE CONSTITUTION . 347 his countrymen. In addition to the clearness with which he culled out the kernel of every question he touched, his words had added weight on account of the people's love for him. The universal confidence in his honesty, in his sincere, supreme devotion to his country, and in his sound judgment, made all America his attentive audience. At the crucial moment, into the thick of this, the people's battle of the ages, Washington sent this solid shot that turned the tide of victory : ''If another Federal convention is attempted, its members will be more discordant, and will agree upon no general plan. The constitution is the best that can be obtained at this time. The constitution or disunion are before us to choose from. If the constitution is our choice, a convenient door is open for amendments, and they may be adopted in a public manner, without turmoil or disorder." This statement made dispassionate judgment recognize the vital truths of the momentous issues at stake. It was the con- stitution or disunion. The open opportunity to peaceably amend and correct defects in a plan containing so many de- sirable, necessary and attractive features, stood clearly out- lined in this terse statement. It convinced the doubtful. It encouraged the redoubled efforts of the far-sighted, unselfish, patriotic intelligence that supported the constitution. It carried the conflict. At this critical hour there was seen a striking example of envenomed spite fastening its fangs in its own vitals. It was a lesson that the American people should never forget — the lesson that passionate denunciation accomplishes its own ruin. In a Philadelphia newspaper, a reckless opponent of the constitution denounced Washington as a born fool, a tyrant wishing to subvert the liberties of the people. The outrage of this ungrateful charge reacted in bringing about such a revulsion of feeling with those who differed from Washington in opinion but could not endure that sort of at- tack upon him, that they went over, horse, foot and dragoons, 7 248 THE CONSTITUTION AND ITS FEAMEES to his side, and aided to complete his victory. His life had been such an open book, so thoroughly read by every Ameri- can, so filled with glorious achievement, so crowded with un- selfish goodness, that refutation was needless, and resentment was universal. This irretrievable blunder was a fatal boomerang. It made hosts in every quarter discredit even the arguments of the opposition. Sentiment is often more influential than reason. The grati- tude of the country was roused. Its holiest sentiment was touched. Its heart responded. The business interests, the farmers, mechanics and merchants, rallied to "Washington's sup- port. The majestic form of the great commander again led the devoted columns of his country. At last, he marched to his grandest victory, and planted the triumphant banner of the United States on the eternal ramparts of the ratified constitu- tion. CHAPTER XV THE FRAMERS OF THE CONSTITUTION |HE eulogies bestowed upon the framers of our constitu- tion were not misplaced. Their memories and achieve- ments merit the lasting honor of the American peo- ple. Their names and deeds should be familiar to every citizen. It has been uniformly claimed, since John Quincy Adams, by order of congress, edited the "Journal of the Federal Con- vention," in 1819, that sixty-five delegates were chosen to at- tend it. It appears, however, that seventy-three were chosen, / of whom fifty-five attended. ^ Of the eighteen who did not attend, five, Abraham Clark, of New Jersey ; Patrick Henry, Richard Henry Lee and Thomas Nelson, Jr., of Virginia, and Willie Jones, of North Carolina, refused to attend, and opposed both the calling of the conven- tion and the ratification of the constitution by their respective states. Thirteen, John Pickering and Benjamin West, of New Hampshire ; Francis Dana, of Massachusetts ; John Nielson, of New Jersey; Charles Carroll, of Carrollton; Gabriel Duvall, Robert Hanson, Thomas Sim Lee and Thomas Stone, of Mary- land ; Richard Caswell, of North Carolina ; Henry Laurens, of South Carolina, and Nathaniel Pendleton and George Walton, of Georgia, did not attend on account of infirm health or press- ing official duties, but supported the ratification of the con- stitution in their respective states. Four of those attending, John Lansing and Robert Yates, of New York, and Luther Martin and John Francis Mercer, of Maryland, became so dissatisfied with the trend of the con- vention's work that they left before it adjourned; and three of the forty-two present at the adjournment, Elbridge Gerry, 249 A. e^ua ^^^^:i^tcU. c^' 350 THE CONSTITUTION AND ITS FEAMEES of Massachusetts, and George Mason and Edmund Randolph, of Virginia, for similar reason refused to sign the constitution. Nine, William Richardson Davie and Alexander Martin, of North Carolina ; Oliver Ellsworth, of Connecticut ; W. Churchill Houston, of New Jersey; William Houstoun and William Pierce, of Georgia ; Caleb Strong, of Massachusetts, and James McClurg and George Wythe, of Virginia, did not sign because of absence at the time of the adjournment on account of illness or other reason of regret to them. However, all of them were devoted patriots and became warm supporters of the constitu- tion. This convention, whose work was as remarkable and dis- tinguished as any in history, was composed largely of young 'men. Of the fifty- five members, forty-two were then under fifty years of age, thirty-three under forty-five, and grouped, as to age, as follows : Benjamin Franklin, 81. Five, 60 to 66 : George Wythe, 61 ; George Mason, 62 ; William Livingston^, 63 ; Daniel of St. Thomas, Jenifer, 64 ; Roger Sherman, 66. Seven, 51 to 59 : Hugh Williamson, 51 ; Robert Morris and George Read, 53; John Blair, John Dickinson and George Washington, 55 ; William Samuel Johnson, 59. Twenty, 40 to 49: Gunning Bedford, Jr., and James Mc- Clurg, 40 ; Charles Cotesworth Pinckney, 41 ; Richard Bassett, Oliver Ellsworth, John Langdon, William Paterson and Caleb Strong, 42; Pierce Butler, Elbridge Gerry and Thomas Mifflin, 43 ; James Wilson, 44 ; David Brearly and Thomas Fitzsimmons, 46 ; W. Churchill Houston, Alexander Martin and William Pierce, 47 ; George Clymer and John Rutledge, 48, and Robert Yates, 49. Eighteen, 30 to 39 : Alexander Hamilton, 30 ; Daniel Carroll and William R. Davie, 31 ; Abraham Baldwin, Nicholas Gilman, William Houstoun and Rufus King, 32; John Lansing and James McHenry, 33 ; Jacob Brown and Edmund Randolph, 34; Gouverneur Morris, 35; James Madison, 36^; William THE FEAMEES OF THE CONSTITUTION 251 Blount, 38; Jared Ingersoll, 37; William Few, Nathaniel Gos- horn and Luther Martin, 39. Four, 26 to 29 : Jonathan Dayton, 26 ; John Francis Mercer, 28 ; Charles Pinckney and Richard Dobbs Spaight, 29. Jefferson designated them the ablest men in America. This partial summary of prominent positions in which their country- men placed, and for long years kept them, proves they merited his encomium, and were recognized adepts, or specialists, in government, in legislation and in constructive statesmanship. ^ Dickinson, Johnson and Rutledge were members of the Stamp Act Congress. Dickinson, Mifflin, Read, Rutledge, Sherman and Washing- ton were members of the first Continental Congress in 1774. Clymer, Franklin, Gerry, Read, Robert Morris, Sherman, Wilson and Wythe signed the Declaration of Independence ; Dickinson drafted the Articles of Confederation. Eighteen at the time were, and all but twelve had been members, and Gorham and Mifflin presidents of the Continental Congress. •' Washington became the first and Madison the fourth presi- dent; Gerry sixth vice president. Oliver Ellsworth was one of those voted for for president or vice president by the electoral college in 1796. Ingersoll became candidate for vice president in 1812 ; King, candidate for vice president in 1808 and for president in 1816. Charles Cotesworth Pinckney for vice president, in 1800; president, in 1804 and 1808. Madison and Randolph, secretaries of state ; Hamilton, of the treasury; McHenry, of War; Hamilton and Madison, the chief authors of the Federalist, to this day the standard ex- position of the constitution. Bassett, Davie, Dickinson, Franklin, Gerry, Langdon, Liv- ingston, Alexander Martin, Mercer, Mifflin, Paterson, Charles Pinckney, Randolph, Spaight and Strong had been, were, or became governors of their states, and Blount of the Territory of Tennessee. 252 THE CONSTITUTION AND ITS FEAMERS Bassett, Blair, Brearly, Dickinson, Ellsworth, Few, Gor- ham, Ingersoll, Lansing, 5^d, Rutledge, Sherman, Wythe and Yates had been or became members, the majority chief justices, of the supreme court in their states. Ellsworth and Eutledge became chief justices ; Blair, Pater- son and "Wilson justices of the supreme ; Bassett and Bedford, Jr., judges of the circuit ; Brearley of the district court of the United States. Baldwin, Bassett, Butler, Dayton, Ellsworth, Few, Oilman, Johnson, King, Langdon, Alexander Martin, both Gouverneur and Robert Morris, Paterson E^ead, Charles Pinckney, Sher- man and Strong, United States senators; Baldwin and Lang- don, presidents pro tem of the senate, while Baldwin, Carroll, Clymer, Dayton, Fitzsimmons, Gerry, Gilman, Madison, Mercer, Charles Pinckney, Sherman, Spaight and Williamson served in the United States House of Representatives, Dayton being twice elected its speaker. Following are brief sketches of the careers of the fifty-five men who took part in the convention : From New Hampshire Nicholas Gilman Nicholas Gilman was born at Exter, New Hampshire, August 3, 1755, He entered the Continental army in 1776; served during the rest of the war, and as an adjutant on Washington's staff, closed the great drama of the war when he took the list of the captured troops on the surrender of Corn- wallis at Yorktown. He was a member of the Continental Congress from 1786 to 1788, of the United States House of Representatives from 1789 to 1797, and of the United States Senate from 1805 to his death. May 2, 1814. In 1793 and again in 1797 he was a presidential elector, and also a state councilor. At the close of the constitutional convention he wrote of their work, ''It is the best that could meet the unanimous con- THE FRAMEKS OF THE CONSTITUTION 253 currence of the states in convention. It was done by bargain and compromise, yet, notwithstanding its imperfections, on the adoption of it depends, in my feeble judgment, whether we shall become a respectable nation, or a people tocn to pieces by intestine commotions and rendered contemptible for ages." His distinguished career in an era of unusual greatness among our country's statesmen attests his purity of character and eminent ability. John Langdon John Langdon, born at Portsmouth, New Hampshire, June 25, 1745, was descended from families long settled in America. His great-grandfather emigrated from England to that state over a century before. Governor Dudley, of Massachusetts, was an ancestor on his mother's side. After a limited education he became a merchant's ap- prentice, then took up a seafaring life and rose before the mast to captain, then to owner of several ships. He took an active part in patriotic measures preceding the revolution, en- tered the Continental army in 1774, and as captain, took part in the capture of Fort William and Mary. In 1775 he was elected to congress, was appointed naval agent and superin- tended the construction of a number of war ships, including the Ranger, made famous by John Paul Jones, her commander. In 1776 was appointed judge of the court of common pleas, and in 1777 speaker of the New Hampshire Assembly. To raise funds to repel Burgoyne's invasion he gave $1,000 in coin, all he had; pledged his plate to raise $3,000 more, and added the proceeds of a cargo of rum. He helped equip a brigade that under General Stark aided to win the battle of Bennington, in which he took part; was captain of a company under General Gates when Burgoyne was captured ; was president of the state convention in 1779 ; again elected to congress in 1783, and was four times — 1785, 1788, 1805 and 1810 — elected governor of New Hampshire. From 1789 to 1801 he was United States senator, and twice president 254 THE CONSTITUTION AND ITS FEAMEES pro tern of the senate, the first time to count the votes of our iirst president, and had the honor of notifying Washington of his election. He declined the post of secretary of the navy offered by Jefferson, and the nomination for vice president in 1812. He was one of the founders and first president of the New Hampshire Bible Society. He was a firm advocate of the constitution in the conven- tion, and of its ratification by his state. From being an ardent Federalist he became an equally ardent supporter of Jefferson and his party, continuing that support to Madison, and the measures of his administration, including the war of 1812 with England. He married Miss Elizabeth Sherburne, by whom he had one daughter. His life was of distinguished, political activity and promi- nence to within a few years of his death, September 18, 1819. From Massachusetts Elbridge Gerry Elbridge Gerry, son of a wealthy merchant was born at Marblehead, Massachusetts, July 17, 1744 ; graduated with high rank at Harvard college in 1762, entered into business with his father and amassed a fortune. In 1773 he was elected by his town to the general court, or legislature, of Massachusetts Bay, and from that time took a leading part in the political affairs of his state and country. The contest was then on between the general court, led by Samuel Adams, and Governor Hutchinson. Gerry ably sup- ported Mr. Adams. "Through the eventful scenes which marked the year 1774, the impeachment of the judges, the opposition to the importa- tion of tea and to the Boston port bill, the establishment of the system of non-intercourse, and the arrangement of a close cor- respondence with the other colonies, he was active among the THE FEAMEES OF THE CONSTITUTION 255 foremost. He also took a decided part in promoting the meet- ings which were held in all the large counties of the province, composed of committees from every town to express their senti- ments on the alarming state of the country, and to consult for the liberties and welfare of the people." He became a conspicuous member of the provincial con- gress organized that year, which declared its loyalty to the king, but added: "When the power of government, which was originally de- signed for the security and welfare of the people, was em- ployed to harass and enslave them, it became a curse, rather than a blessing." It protested against the violation of their charter by parlia- ment, the assembling of British soldiers and erection of fortifi- cations, as if to intimidate them ; of taxation without repre- sentation, and avowed actual hostilities to be their last resort, but belief that all America would support their struggle for liberty. The chief committees were those of safety, supplies and cor- respondence, in all of which he was of energetic activity. He was an intimate friend of General Warren. The night before Warren was killed at Bunker Hill they occupied the same bed, and with prophetic words Warren bade him good- bye, saying, ''It is sweet and proper to die for one's country." He was appointed a judge of the new court of admiralty, a lucrative and prominent position, but declined in order to de- vote himself to more active duties for his country. With Hancock, John and Samuel Adams and Robert Treat Paine, he was elected to the Continental Congress in 1776, in which he became one of the most laborious and useful members. He was especially active on the committees on commerce, finance, hospitals and supplies for the army. His critical and courageous examination of the commissary department, and fearless exposure of its abuses made him exceedingly beloved by our army. He stoutly opposed the proposition that the states vote in 256 THE CONSTITUTION AND ITS FEAMEES the congress according to population, and insisted on the equal vote of every state. As to our soldiers, he advocated the estab- lishment of a pension for life after the war was over. No man did more to properly supply. and care for our armies. He was the relentless foe of political corruption, and en- deavored to get congress to pass an act to prevent a candidate from soliciting votes for himself, or congress conferring on a member any office in his state whereby he or any one for his benefit should receive any salary, fee or profit. Said John Adams : ''Mr. Gerry was a financier, and had been employed for years on the committee of the treasury in the old congress, and a most indefatigable member, too. That committee had laid the foundation for the present system, and had organized it almost as well, though they had not the assistance of clerks and other conveniences, as at present." He retired from congress in 1780, but was returned in 1783. Contrary to the sentiment of his state, he favored the pensions to officers of the army, and unsuccessfully labored with Jeffer- son to have congress vote the gallant German, General Baron Steuben, forty-five thousand dollars toward compensation for his great services during the war. While in congress he favored every measure to provide for our armies, to compensate and reward as well as compli- ment the men behind the guns, yet he opposed even a vote of thanks to his colleague and personal friend, John Hancock, when Hancock retired from the presidency of the congress, on the ground that however meritorious and faithful such acts as Hancock's were, they but constituted the just conduct of an honorable man who accepted the station. He drafted the bill authorizing privateering during the revolution, which was the initial step toward a national navy. He also procured the passage of the act whereby congress was vested with power for fifteen years to prohibit imports or exports by any nation not in alliance with us. After one of the most industrious and distinguished careers THE FEAMEES OF THE CONSTITUTION 057 of any member of the Continental Congress he made his final leave of it in 1785. As a member of the constitutional convention he favored such amendment of the Articles of Confederation as would give a more energetic system of government, but, feeling that the constitution went too far, refused to sign it, giving the following reasons therefor: "My principal objections to the plan are, that there is no adequate provision for a representation of the people; that they have no security for the right of election; that some of the powers of the legislature are ambiguous, and others in- definite and dangerous; that the executive is blended with, and will have an undue influence over the legislature ; that the judicial department will be oppressive ; that treaties of the highest importance may be formed by the president, with the advice of two-thirds of a quorum of the senate ; and that the system is without the security of a bill of rights. These are objections which are not local, but apply equally to all the states." Though defeated in his candidacy for membership in the Massachusetts convention called to decide upon ratifying the constitution, his recognized ability brought a special invitation from that convention to address it and give his views upon ^f^ ^ the constitution whose fate was before it. He was bitterly assailed for his opposition to the consti- tution, and defeated for governor of Massachusetts on account of it, but his district in 1789 elected him a representative in the first congress of the United States under that constitution. After four years service he again retired to private life. In 1797 he was recalled to his country's service by being sent with John Marshall and Charles Cotesworth Pinckney as special commissioner to France, the strained relations of the countries demanding men of the greatest capacity, and whose long service and known ability had made them illustrious at home and abroad. When Marshall and Pinckney left that country, Gerry re- 358 THE CONSTITUTION AND ITS FEAMEES mained to prevent an open rupture, if not war, which his tact and judgment succeeded in averting. Said President Adams : "He was nominated and approved, and finally saved the peace of the nation, for he alone discovered and furnished the evidence that X. T. and Z. were employed by Talleyrand; and he alone brought home the direct, formal and official assurances upon which the subsequent commission proceeded and peace was made." In 1810 he was elected Governor of Massachusetts. The op- position to the party founded by Jefferson had grown so in- tense, that disunion was threatened by some of the Northern states. It was with extreme reluctance that he again appeared before the public, but the spirit of opposition to the national government which had been manifested by a party among us ; and the attempt which it was very generally said was in con- templation, of organizing a coalition of the Northern states against the union, he considered as forming another crisis, at which he believed it again to be "the duty of every good citizen to devote himself to the public good." In his address to the legislature he said: "When we reflect that the United States are in possession of numerous blessings, political, civil and religious, many of which are not enjoyed by any other nation; that we are re- mote from those scenes of war and carnage, by which Europe is vested in sable; that we enjoy the uncontrolled right, on principles of true liberty, to form, alter and carry into effect our federal and state constitutions ; that founded on them and on law, there exists a spirit of toleration, securing to every one the undisturbed rights of conscience, and the free exercise of religion; that the people, at fixed periods, have the choice of their rulers, and can remove those who do wrong; that the means of education in all its branches, are liberal, general and successful; that their natural strength, resources and powers, by proper arrangemeruts, may render these states invincible; THE FRAMEKS OF THE CONSTITUTION 259 that by onr husbandry, commerce, manufactures and me- chanical arts, the wealth of this country almost surpasses credibility; let us not be prompted by imprudent zealots of any description, to hazard the irretrievable loss of all, or of any of these inestimable blessings; but let us secure them for- ever, with the aid of divine Providence, by rallying around the standard of our national government and by encouraging and establishing a martial spirit, on the solid foundation of in- ternal peace, order and concord." His patriotic course resulted in his reelection by an in- creased majority in 1811. He was what was known in later days as a states' rights man, thought farthest removed from carrying that doctrine to the point of disunion. He firmly believed in an indestruc- tible general government, but also in the indestructibility of the rights of the states. At this time partisan feeling had become so bitter that, to use his own words, "open hostility had been avowed to the gov- ernment of the United States." He was an intense party man himself, but a patriot. He had opposed the constitution, but when his countrymen adopted and organized a national government under it, no one gave it more loyal or devoted support. Disunion was as abhorrent to him as toryism during the revolution. In his inaugral in 1811 this great leader of Jeffersonian Democracy used this language : "To diminish, and if possible, to exterminate party spirit, the executive of this commonwealth, during the last year, has confirmed in his place, or reappointed when requisite, every state officer under its control who had been correct in his con- duct, and faithful to his trust ; disregarding his politics, and re- quiring only his support of the federal and state constitutions, governments and laws, with due regard to the rights of officers and individuals subject to his official discretion. But it can- not be expected of any executive, so far to disregard the sacred obligations of duty arid honor, as to preserve in official stations 260 THE CONSTITUTION AND ITS FEAMEES such individuals as would abuse the influence of their public character by sanctioning resistence to law, or by such other conduct as will beguile peaceable and happy citizens into a state of civil warfare. ''For our metropolis I have ever entertained an affectionate esteem and respect, and regret exceedingly that she has not supported the salutary measures of this government of the last year. Had this been done, we might have silenced the demon of party discord, have manifested such an invincible de- termination to preserve our union as would have animated our sister states to similar measures and might have de- stroyed the germ of every hope to sever the United States." "While Gerry was governor of Massachusetts the state was redistricted by the legislature in such a manner as to give the dominant party in that legislature an unfair advantage in the election of new members. One of these districts was so stretched out over the state as to resemble a huge salamander. Governor Gerry, being the leader of the dominant party, the opposition denounced the arrangement as a "Gerrymander." Whether it be just or unjust, nothing so appeals to the public as an apt illustrative epithet. The humorous aptness of the il- lustration in the peculiarly shaped district made the word strike home. It gained such universal currency that it crept into the dictionary, and has continued ever since to be the designation of a method of partisan arrangement of election districts without regard to the adjacent situation of territory. History credits him, however, with being really opposed to the arrangement, instead of being its author. In 1812 he was elected vice president of the United States. The infirmities of age were creeping upon him, but he had said, "It is the duty of every citizen, though he may have but one day to live, to devote that day to the service of his country," and he gave to that high office the constant atten- tion he had shown in the nation's councils in earlier days. In less than two years after his elevation to the second highest office in the gift of the people whose rights he always THE FEAMEES OF THE CONSTITUTION 261 jealously cherished, on November 23, 1814, he closed his il- lustrious life. Nathaniel Gorham Nathaniel Gorham was born at Charleston, Massachusetts, May 27, 1748. After a common-school education he became a successful merchant. From 1771 to 1775 he was a member of the Massachusetts legislature ; from 1778 until the close of the revolution a mem- ber of the state board of war ; in 1779 a member of the Massa- chusetts constitutional convention ; in 1782-1783, and again 1785-1787 a member, and in 1786 president of the Continental Congress. For several years he was judge of the Massachusetts court of common pleas. He was celebrated for his accomplishments as a presiding officer and at Washington's request took his place in the chair and occupied it for three months when the convention went into committee of the whole to consider the proposed constitu- tion. Its ratification had no stronger advocate in the Massa- chusetts convention called to decide that momentous question. He removed to New York and died at Canandaigua, October 22, 1826. Rufus King Rufus King, son of a prosperous merchant, was born in Scarborough, Maine, March 24, 1755 ; graduated with distinc- tion at Harvard in 1777 ; studied law under the . celebrated Theophilus Parsons; and became a member of the Massa- chusetts general court, or assembly, in 1788. From 1784 until its close, he was a member of the Con- tinental Congress, and was the leading spirit to revive the prop- osition of Jefferson with regard to prohibiting slavery in the "Northwest Territory" that became part of the famous "Or- dinance of 1787." He was one of the most active, able and eloquent members 262 THE CONSTITUTION AND ITS FEAMERS of the constitutional convention, and did heroic service in se- curing the ratification of the constitution by the Massachusetts convention. He was one of the commissioners to settle the boundary be- tween Massachusetts and New York, and to convey the lands west of the AUeghanies to the United States. Having married Miss Mary Alsop, daughter of John Alsop, one of the New York delegates to congress of 1774, he removed to New York, and was elected to the United States Senate by that state in 1789 ; was reelected in 1795, but resigned, and soon after was appointed by Washington minister to England, which position he held during the balance of Washington's admin- istration, through that of Adams and two years under that of Jefferson, proving, during his long service at a critical period one of the most efficient diplomats our country ever had. He had been one of the strongest supporters of the "Jay Treaty" with England while in the senate, and was earnestly opposed to the war of 1812, but was among the first to lend his aid to the government when war Avas declared. In 1808 he was a candidate for vice president ; in 1813 was again elected to the United States Senate; in 1816 was de- feated for the presidency by James Monroe ; in 1819 was, for the fourth time, reelected to the senate; was one of the most influential members of the New York constitutional conven- tion in 1821, and again sent as minister to England in 1825. Of all our early statesmen, none more vigorously and per- sistently fought slavery than he. He opposed the admission of Missouri as a slave state, and the famous Missouri compro- mise. His last effort in the senate was a resolution that the proceeds of the sales of public lands be devoted to emancipate and remove slaves and free persons of color to a territory out- side of the United States. lie was one of the most cultured men of his day; a great lover of agriculture; an active promoter of the educational system of the state of New York and of Columbia college, and one of the most devoted supporters and trusted counselors of THE FEAMEES OF THE CONSTITUTION 263 the Episcopal church, of which he was a member from youth. He died at Jamaica, Long Island, April 29, 1827. Caleb Strong' Among the pioneers of Southampton, Massachusetts, noted for piety, industry and nobility of character, were the an- cestors of Caleb Strong. For many years his grandfather was first ruling elder of the church. As time progressed the members of the family became among the most prosperous and prominent people of the com- munity. There Caleb Strong was born, January 9, 1745. Graduating from Harvard in 1764, he adopted the pro- fession of law, was admitted to the bar in 1772, and from 1776 to 1780 was attorney of Northampton county. During the Eevolutionary War he was a member of the general court and committee of safety. In 1779 he was a conspicuous and efficient member of the convention that framed the first constitution of Massachusetts. From 1780 to 1789 a member of and recognized leader in the state senate. In 1781 was appointed to and declined a seat on the bench of the Massachusetts supreme court. From 1789 to 1796, when he resigned, he was United States senator, and widely known as one of the most eloquent and able of Federal- ists. In 1800 he was elected governor of Massachusetts, an- nually reelected until 1807, and again from 1812 to 1816, being eleven times elected to that high office. He bitterly opposed the war of 1812, and, while governor, refused to furnish the quota of troops from his state on re- quest of President Madison, giving as his reason that the governor of the state, not the president, should judge when the militia should be called out in defense of the country, and when called should be commanded by its own officers. When, however, the national troops were withdrawn from Massa- chusetts, he made abundant provision for its defense by the state militia. The Confederate governors of the Civil War were not the 264 THE CONSTITUTION AND ITS FEAMEES first to raise rebellious authority against the national gov- ernment. He was one of the supporters of the famous "Hartford convention," in 1814, where it is both charged and denied nullification and secession were first advocated, Ketiring from the governorship, he returned to and prac- ticed his profession until his death, November 17, 1819, He early united with the church of which his ancestors were devoted members, and "uniformly adorned the doctrine of God by his exemplary life and his soundness in the faith." For ten years he was president of the Hampshire Missionary Society; a fellow of the American Academy of Arts and Sciences and the Massachusetts Historical Society, He was a man of profound learning — a life-long student, and every educational enterprise found in him an active friend. His great ability and previous experience in framing the constitution and drafting the laws of his state made him a valuable member of the national convention. He married Sarah, daughter of Rev, John Hooker, of his native town, and was siirvived by six of their nine children. From Connecticut Oliver Ellsworth Oliver Ellsworth was born at Windsor, Connecticut, April 29, 1745, and died there November 26, 1807, Ninety-five years before, his ancestor, Josiah Ellsworth, came from England to Windsor. His early years were those of a farmer boy on his father's farm. After two years at Yale he went to and graduated at Princeton in 1766. His parents prepared him for the ministry, and he studied theology for a year after graduation, but the law was his final choice. To pay the debts incurred in his education he cut and floated lumber to Hartford. His early progress was slow; he was not admitted to the bar until 1771. After his marriage to Miss THE FRAMITRS OF THE CONSTITUTION 265 Abigail Wolcott, he rented, and with his own hands fenced in a small farm from which he supported his family while struggling to gain a practice. This at length became the largest in the state, he was universally recognized as its leading advocate, and became its attorney general. In 1775 he was elected to the general assembly, and in 1777 to the Continental Congress, where he signed the articles of confederation, and of which he continued a prominent mem- ber during the six years he served in it, serving on its most important committees, especially that of appeals, and ably aiding Robert Morris in his financial schemes for the govern- ment. From 1780 to 1784 he was a member of the governor's coun- cil of Connecticut, in 1784 was chosen judge of the superior court, and in 1789 one of the judges of that state's supreme court. In the convention he objected to the word "national," and proposed the name of "the government of the United States," and was said by John C. Calhoun to be one of the men who gave us a federal instead of a national government. He wished the constitution to be offered as an amendment of the Articles of Confederation, and to be ratified by the legis- latures of the states, instead of by conventions, the idea be- ing to make it a compact of the states rather than the instru- ment of the people. The states' rights theory had no abler advocate in the convention. He favored leaving the question of slavery to the states, and denied the power of congress to coerce a state. He also advocated an executive council to assist, if not control, the president, and a council of revision, composed of the president and judges of the supreme court, whose duty should be to pass upon the constitutionality of the acts of congress. He was jealous of the dominance of the larger states, and to his firm, yet cool-headed persistence was largely due the equality given the states in the United States senate. He contended that the general government could be maintained only by the preservation of the local self govern- 366 THE CONSTITUTION AND ITS PEAMEES ment of the states. When James Wilson said, "We are form- ing a government for men^ and not for imaginary beings called states," and Rufus King sneered at "the phantom of state sovereignty," he said his "happiness depended upon the ex- istence of the states as much as a new born infant on its mother for nourishment. ' ' In the Connecticut convention called to ratify the consti- tution, he was- a leading advocate in its favor, urging it as the only means to save Connecticut from the rapacity of New York on the one side and Massachusetts on the other, saying, "If we do not unite, we shall be like Issachar of old, a strong ass crouching down between two burdens." As chairman of the committee therefor, he drafted the bill to organize the judicial system of the United States, This original bill, in his own hand writing, was passed with but few changes in its provisions, and is yet one of the treasured documents in the archives of the government. Said Justice Stephen J. Field, of this famous judiciary act of 1789, "That great act was penned by Oliver Ellsworth. It may be said to reflect the views of the founders of the republic as to the proper relations between the federal and state courts." Daniel Webster, in the senate, said he was "A man who left on the records of the government of his country abundant proofs of the clearest intelligence, and of the utmost purity and integrity of character." A recent biographer, that "for strength of reason, for sagacity, wisdom and sound good sense in the conduct of af- fairs, for moderation of temper and general ability, it may be doubted if New England has yet produced his superior." He was one of Connecticut's first United States senators, a zealous Federalist, and John Adams said, "the firmest pillar of Washington 's whole administration in the senate. ' ' He was the author of the measure to prevent importations from Rhode Island into the United States that brought that state, the last of the original thirteen, into the union. His knowledge of con- stitutional law was so profound, his standing and influence in THE FEAMERS OF THE CONSTITUTION 267 the senate of such character, that Aaron Burr said, "if he should chance to spell the name of the Deity with two t's it would take the senate three weeks to expunge the superfluous letter." He was also called the "Cerberus of the treasury." He was tall, erect, with firm and penetrating blue eyes, and great dignity of manner. His life was plain, simple and un- affected. Patient, attentive and laborious, he was endowed with great powers of analysis and argument. He, himself, said he had no imagination. He thought slowly, but mastered every subject he sought to present, and when he did speak, his reasoning was so clear and convincing, his logic so unanswer- able, that his speeches, unadorned with any flowers of rhetoric, were more lasting in their influence, if not so attractive in de- livery, as the impassioned efforts of those honored as orators. This made him one of the most formidable debaters of his day. Though a grave and earnestly religious man of the New Eng- land type, he was gifted with rare conversational powers and socially much esteemed. He was of domestic nature, especially fond of children and devoted to his family. His intellectual eminence never carried him above the charm of the simple and affectionate home life that he held higher than all his public honors. March 4, 1796, he was the third appointed, second confirmed chief justice of the supreme court of the United States, and in the same year was one of those voted for in the electoral col- lege for president. In 1799 he was sent as envoy extraordinary to France with William R. Davie and William Vans Murray, and in 1800, on his return, suffering from ill health, he resigned as chief justice. He was thereupon made a member of the governor's council of Connecticut, and in 1807 offered the office of chief justice of that state, but his feebleness forbade accepting it. He was a man of purest Christian character, and of untir- ing industry as a student. His classical education was but the prelude to a life of constant, studious research. His bom ability was great, but his reliance was not upon natural en- 268 THE CONSTITUTION AND ITS FRAMEES dowment. He went to the bottom of every subject he under- took to pass judgment upon. By constant and painstaking in- dustry, freedom from false pride, and worth of character he rose from the farmer's boy to the loftiest place in his profes- sion, and for all time left the impress of his noble work upon the institutions of the nation of which he was one of the founders, and its constitution, of which he was a conspicuous framer, always firm supporter, and an illustrious interpreter. His imperative duties as a judge of the highest court in his state called him home, and thus prevented his signature to the constitution he had done so much to shape in its enduring form. William Samuel Johnson "William Samuel Johnson was born at Stratford, Con- necticut, October 7, 1727, and there died November 14, 1819. Robert Johnson, his grandfather, from Kingston-on-HuU, England, settled at New Haven in 1637. Samuel Johnson, his father, was one of the early students at Yale, from which he graduated in 1714; became an author of leading text books for colleges ; the first teacher and president of King's (now Columbia) college. New York, and noted, not only as a leading minister, but the first educator of his day. His mother was the daughter of Colonel Richard Floyd, of Brookhaven, Long Island. He graduated at Yale in 1744; studied theology, then law, which he chose as his profession, and in which he rose to the first rank. His legislative career began in 1761, when he was elected to the lower house of the Connecticut legislature, in 1765 be- ing sent to the upper house, and reelected thereto in 1766. In 1765 he was a member of the ''Stamp Act Congress." In 1766 he was sent to England as special counsel of Connecticut to recover the title to a large tract of land in the possession of the Mohican Indians, in which, after five years skillful effort, he succeeded. During his stay in London he formed intimate friendships THE FKAMEKS OF THE CONSTITUTION 309 with many of the leading literary celebrities, lawyers and statesmen of the time, especially with the celebrated Dr. Samuel Johnson, between whom a cordial life-long cor- respondence was kept up. In 1772 he was elected judge of the superior court of Con- necticut, His wide legal research enabled him as lawyer and judge to enrich the legal literature of his state by frequent citations of the civil law, generally unknown at the time to the American bar. He was opposed to separation from Great Britain, and did all in his power to prevent it, and avert war. "When inde- pendence was declared he resigned from the Connecticut coun- cil, and retired to Stratford, abandoning professional and pub- lic life until the war was over. His position during the revolution was peculiarly trying. He was devoted to his country, yet could not conscientiously join in the war against England. It was only the exalted purity of his character, the honesty of his life and the loftiness of its purposes, universally known and recognized, that saved him from the odium visited upon the Tories in general. After the war he resumed professional practice, was one of the few men who took sides with England who were ever re- stored to popular favor, and in 1784 was again elected to the upper house of the general assembly, and also to the Con- tinental Congress, in which he was an influential member from that time to May, 1787. His vast learning and great ability made him a leading figure in that congress, as it did in the con- stitutional convention. He was chairman of the committee of style and arrangement, known as the "grand committee," to revise the final phraseology of the constitution, proposed the formation of the senate as a separate body, and gave of his culture and genius to the formation of every part of the con- stitution. In May, 1787, he was chosen first president of Columbia college under its new charter, as his father had been under the old, and displayed an administrative and executive ability in 270 THE CONSTITUTION AND ITS FEAMEES its management, not inferior to his illustrious sire. Though president of this college, he retained his citizenship in Con- necticut, kept up an important law business there, and in 1789 was elected one of the first United States senators from that state. To the universal regret of the people of that state and his associates in the senate, he resigned from that body in 1793 to give attention to the exacting duties and urgent needs of Columbia college. Resigning that arduous post of honor, he returned to Strat- ford, where he passed the remainder of an always busy life. The ablest men of the country sought his illuminating aid on po- litical and legal questions, and the educator, the man of litera- ture and the ecclesiastic, as well, claimed his frequent kindred aid. He was a large man, of magnificent presence, possessed of every accomplishment the best culture and most eminent as- sociations in America and England could add to and impart, and unsurpassed as an orator. No man of his day was more highly regarded, both in Eng- land and America for superior scholarly attainments, purity of character and sincerity of Christian life. His scholarship and learning were honored, not only throughout America, but by the great universities of England. He received the high honor of D. C. L. from Oxford in 1776, and was the first graduate of Yale to receive from it the degree LL.D., as his father had been the first to receive from it the degree of D.D. He was born, reared and lived in an intellectual and Christian atmosphere. Said a distinguished eulogist : "He had a keen perception of what he dwelt upon in his published addresses to the graduating classes of Columbia college, that the first duty of man is owed to heaven, to his Creator and Redeemer, and he practiced that duty in all the posts of honor and responsibility which he was called to fill. He was on this account the more noble. For a Christian states- THE FRAMEES OF THE CONSTITUTION 271 man is the glory of the age, and the memory of his deeds and virtues will reflect a light coming from a source which neither clouds can dim nor shadoAVS obscure." Boger Sherman If it is great to be great, but greater to be good, Roger Sherman's life was the acme of human achievement, for he was both, and he became both, not by natural bent, nor by oppor- tunity thrust upon him, but by heroic self-conquest, and by long, long years of laborious application while others slept or followed pleasure's seductive lead. He was one of the best specimens of that class, whom America hails as "self-made men," and crowns with Ler demo- cratic regard. No illustrious character in our country's history was bur- dened with fewer frailties, yet the burden of those born frailties was self -shaken, thrown from his own shoulders by his own in- domitable will, by his making it a life motto, "Know thyself and make thy better self the master." No public career better illustrates Wagner's portrayal of the "Simple Life," the genius of common sense, or furnishes a more striking example of the absence of that false pride which has marred the character of so many eminent men. His father was a small farmer and shoemaker, and he learned his trade in his father's shop. While a member of the Continental Congress the committee of which he was a member was examining the army accounts, one of which was a con- tract to supply shoes. He explained to the committee that the charges were excessive, showing in detail the cost of the ma- terials and labor. The committee expressing its surprise over the fullness of his information, he quietly told them that -he had learned the trade of a shoemaker, and spoke from prac- tical experience. Neither proud nor ashamed of his lowly employment in early life, he never played the part of a demagogue in referring to it to win the applause of public clamor, nor blushed to 372 THE CONSTITUTION AND ITS FEAMEES acknowledge it when occasion called. Nor was his plainness of habit from parsimony or policy, but the purest principle. The branch of the Sherman family to which Roger Sher- man belonged came from Dedham, Essex county, England, and settled in Watertown, Massachusetts, about 1634. He was born in Newton, Massachusetts, April 19, 1721. His only education was in the common schools of the coun- try. This was supplemented by the aid of one of that most useful class of men, who did so much for the early culture of our country — the New England minister. The Rev. Samuel Dunbar, pastor of the church which his family attended, noting his precocity and bent for study, by his influence and the use of his library contributed to the cul- ture of this pious and earnest young man, who was admitted to his church at the age of twenty-one, and who during his long and conspicuous life was noted for his unostentatious and sincere piety. In mental habits and characteristics he was more like Benjamin Franklin than any man of his day. Early in life he became a constant reader, a diligent student, and eventually became proficient in geography, history, mathematics, astronomy, in the general principles of philosophy and the- ology, and especially in law and politics, which were his favorite studies. It is said he was accustomed to sit at his work with an open book before him, devoting every moment to study that his eyes could be spared from his occupation. He settled up his father's estate, and in 1743 moved to and became a merchant in New Milford, Connecticut, which busi- ness he followed until 1754. From this experience he wrote a little book, in which he condemned the use of paper money with which the colonies were flooded, and advocated the use of a sound currency as the only true basis for successful busi- ness, as has since been held by the ablest financiers and states- men of the world. His becoming a lawyer was due to one of those chance events that have so often proved to be the turning points in THE FEAMEKS OF THE CONSTITUTION 273 great men's lives, and to the suggestion of, probably, the first lawyer he ever consulted. A neighbor requested him, on visit- ing the county town, to get the advice of an eminent lawyer in regard to settling up an estate. As was his habit, he wrote out a statement of the case, and in the consultation frequently referred to this paper. The lawyer asked to see it, and read- ing it over said it was so clear a legal document that, with but few formal changes it was as good a petition to present to the court as any one could draw, and advised young Sher- man to study law, which he did. He was admitted to the bar in 1754, and in the same year was made a justice of the peace and a member of the quorum, or county court. He was as thoroughly a colony, or states' rights man as could be found in the colonies, up to the meeting of the constitutional conA^ention, and at first, in it, he advocated as few changes as possible in the articles of confederation. But he was a man open to educational conviction, and he left that convention as strong a nationalist as was in it. The next year, 1755, as a member of the General Assembly of Connecticut he began that conspicuous political career which closed with his death while a United States senator from that state nearly forty years thereafter. In 1740 he was married to Elizabeth Hartwell, by whom he had seven children. In 1759 was appointed judge of the court of common pleas of Litchfield county. In 1761 he moved to New Haven and returned to com- mercial life, but in 1765 resumed judicial life as judge of the court of common pleas. From 1765 to 1776 he was treasurer of Yale college, and had the degree of M.A. conferred upon him by that college in 1768. He was elected mayor of New Haven, after its incorpora- tion, and so continued as long as he lived. From 1764 to 1766 he was a member of the legislature of New Haven, in the latter year elected to the upper house 274 THE CONSTITUTION AND ITS FEAMERS thereof, of which he continued to be a member for nineteen years. For twenty-three years he was annually elected a judge of the superior court, resigning his seat to take one in the United States congress. He was never removed from a single office, except by being promoted. In 1763, having lost his first wife, he was married to Re- becca Prescott, a relative of the historian, William H. Prescott, by whom he had eight children. She was a woman of remarkable beauty, and endowed, as was his first wife, with unusual virtues of head and heart. It is related that while she was with her husband at the seat of government she attended a dinner given by General Washington, to which she was escorted by the general, and had the seat of honor on his right. Madam Hancock was also a guest and complained to his secretary that that distinction belonged to her and that she had been slighted. Washington hearing of her complaint replied that it was his place to give his arm to the handsomest woman in the room. It is not told how this remark soothed the ruffled feathers of the indignant dame. In 1776 he was appointed a judge of the superior court, an office he held until 1789, during the last four years of which having as associate Oliver Ellsworth, thereafter chief justice of the supreme court of the United States, and who al- ways spoke of Mr. Sherman as the one man whom he revered above all the men he ever met. He was one of the first to urge the union of the colonies and entire independence, strenuously contending that parlia- ment had no right to legislate for the colonies in any ease. }(■ Others were more admired for brilliancy of imagination, splendor of eloquence, and the graces of polished society; but there was no one, even in that assemblage of eminent char- acters, whose judgment was more respected, or whose opinions were more influential. The boldness of his counsels, the de- cisive weight of his character, the steadiness of his principles, THE FKAMERS OF THE CONSTITUTION 275 the inflexibility of his patriotism, his venerable appearance, and his republican manners, presented to the imagination the idea of a Roman senator in the early and most exemplary days of the commonwealth. In the business of committees, generally so arduous and fatiguing, he was undoubtedly one of the most serviceable and indefatigable members of that body. His unwearied ap- plication, the remarkable perseverance with which he pur- sued and completed matters confided to his investigation, and the regular system by which all his proceedings were gov- erned, when joined to his great prudence, acknowledged talents and unshaken virtues, attracted universal confidence; hence a large and important share of the public business, par- ticularly when referred to committees, was assigned to him. No man served on a larger number of committees or did more useful and distinguished work. ^ Among the principal of these committees in 1776 were those to prepare instructions for the army in Canada, to establish regulations of the trade of the united colonies, to regulate the currency of the country, to purchase and furnish supplies for the army, to devise ways and means for providing ten million dollars for the expenses of the current year, to concert a plan of military operations for the campaign of 1776, to prepare articles of confederation, to visit army headquarters, examine into the state of the army and the best means of supplying its wants, to prepare the Declaration of Independence, etc., etc. He was the only man who signed the four principal epoch- making documents in American history that parallel the Magna Charta — the Articles of Association of 1774, the Decla- ration of Independence, the Articles of Confederation and the Constitution. In the Continental Congress he favored the compromise plan of selecting representatives of the different states ac- cording to population, which eleven years later was adopted in the constitutional convention, and was annually elected to 376 THE CONSTITUTION AND ITS FEAMEES that congress from 1774 to 1781, and again returned in 1783, servimg in all eight years. In 1783, with Richard Law, he revised the laws of Con- necticut. In 1789 he was elected a representative in the United States Congress, and in 1791 he was elected to the Senate of the United States, and continued a member of that body until his death. -V^ During all this long period, as was the custom at that time, he held different offices, state and national, at the same time, and his faithful discharge of the onerous duties of each position bears witness to his indefatigable industry and prodigious la- bor. During the nineteen years he was a member of the upper house of the Connecticut assembly he was also judge of the superior court; during eight of these years he was delegate to the Continental Congress; and for two years that he was a delegate in congress, he was a member of the council of safety. And the last year that he was delegate in Congress he was mayor of the city of New Haven. To have held so many, and so important offices, for so long a time, shows the high regard which the people of Connecticut had for his abilities and integrity. But it was not merely by citizens of his own state that he was held in high esteem. In the Continental Congress he took rank at once with the ablest men from all parts of the country, and was placed on the most important committees. He formed intimate friendships with the great revolutionary leaders of the North and South — with John Adams, Samuel Adams and Richard Henry Lee, by all of whom he was held in highest regard. -^ He took an active and influential part in the debates of the various assemblies of which he was a member, and his in- fluence with their eminent orators and statesmen was pre- eminently great, yet he possessed probably the fewest graces as an orator of any man of his day. He was reserved, bashful, unemotional, awkward in gesture and without charm of voice, but his utterances were so replete with practical common sense, THE FEAMEES OF THE CONSTITUTION 277 SO full of wisdom in briefest words that he always commanded universal attention and the profoundest respect. His oratory was not that which thrills and delights, but logic that clings to the memory and conquers conviction. It has been said that he seldom failed to procure the adop- tion of any measure which he advocated, and which he con- sidered conducive to the public good. Dr. Dwight, of Yale, said he was remarkable for not speak- ing in debate without suggesting something new and im- portant, which often gave a different character to the discus- sion. No declamation disconcerted him. He was essentially of judicial mind, cool, attentive, deliberate, impartial. No sophistry could mislead him. Hence with unbiased and un- erring accuracy he went to and disclosed the core of every question that he discussed. Humor entered but little into his serious life. Thoughtful- ness distinguished his every movement. This and his spotless integrity made him a constant power for good. George Bancroft, in his history of the Constitution of the United States, speaking of the members of the Constitutional Convention, says : "Roger Sherman was a unique man. No one in the con- vention had so large an experience in legislation for the United States. There was in him kindheartedness and industry, pene- tration and close reasoning, and unclouded intellect, su- periority to passion, intrepid patriotism, solid judgment, and a directness which went straight to its end. In the conven- tion he never made long speeches, but would intuitively seize on the turning point of the question, and present it in terse language, which showed his own opinion and the strength on which it rested." John Adams, in his celebrated diary thus speaks of Mf. Sherman and his oratory. ''Sherman's air is the reverse of grace; there cannot be a more striking contrast to beautiful action than the motion of his hands; generally he stands up- right, with his hands before him, and the fingers of his left 378 THE CONSTITUTION AND ITS FEAMEE3 hand clinched into a fist, and the wrist of it grasped with his right. But he has a clear head, and sound .judgment ; but when he moves his hand in anything like action, Hogarth's genius could not have invented a motion more opposite to grace. It is stiffness and awkwardness itself, rigid as starched lineA or buckram; awkward as a junior bachelor or a sopho- more." It was a common saying in New Haven that when Mr. Sherman was interested in speaking, his gesture was that of a shoemaker drawing a thread. And yet singularly enough, the greatest admirers of this awkward man were the foremost orators of his day. Patrick Henry, when a member of the Continental Congress, said, "The first men in that body were Washington, Richard Henry Lee and Roger Sherman," and later in life that Roger Sherman and George Mason were the greatest statesmen he ever knew. John Adams, in a letter to his wife, speaks of him as, ' ' That old Puritan, as honest as an angel, and as firm in the cause of American independence as Mount Atlas." Mr. Sedgwick said, "Roger Sherman was a man of the selectest wisdom that I ever knew, no law or part of law that Mr. Sherman favored failed to be enacted." Fisher Ames said that if he happened to be out of his seat when a subject was discussed, and came in when the question was about to be taken, he always felt safe in voting as Mr. Sherman did, for he always voted right. Chief Justice Ellsworth said he made Roger Sherman the faithful model of his life. Thomas Jefferson, pointing him out to a friend, while con- gress was sitting in Philadelphia, said, "That is Mr. Sherman of Connecticut, a man who never said a foolish thing in his life." Senator Nathaniel Macon, of North Carolina, said, "Roger Sherman has more common sense than any man I ever knew." As a theologian his rank was high. The celebrated Dr. ^ THE FEAMEES OF THE CONSTITUTION 379 Jonathan Edwards said that in the course of a long and in- timate acquaintance he was materially instructed by Mr. Sher- man's observations on the principal subjects of doctrinal and practical divinity, adding, "In short, whether we consider him in public or private life, whether we consider him as a poli- tician, or a Christian, he was a great and good man." Said John C. Calhoun, in the United States Senate, "Who are the men of those states to whom we are indebted for this admirable government? I will name them; their names ought to be engraved in brass and live forever. They are Chief Justice Oliver Ellsworth and Roger Sherman, of Connecticut, and "William Paterson, of New Jersey." And no man in public life was held in higher confidence or treated with greater esteem and respect by Washington than Roger Sherman. His great service was in reconciling the differences that arose between his colleagues, and inducing mutual concessions on the part of those who held opposing views. While a man of unusual firmness in formed opinions he was far from stubborn in adhering to them. He appreciated to the fullest the value of learning from others, and was ready to modify his views if his reason were convinced. This is shown by his objecting to the constitution deviating too much from the articles of con- federation when he first entered the convention, and becoming during its progress an ardent supporter of its more vigorous national features. >^ His method of address is somewhat shown by these ex- tracts from Madison's notes of the debates in the convention. "The question is, not what rights naturally belonged to men, but how they can be more equally and effectually guarded in society, and if some give tip more than others in order to obtain this end, there can be no room for complaint. To do otherwise, to require an equal concession from all, if it would create danger to the rights of some, would be sacrificing the end to the means. The rich man who enters into society along with the poor man gives up more than the poor man, yet with 280 THE CONSTITUTION AND ITS FEAMEES an equal vote lie is equally safe. Were he to have more votes than the poor man, in proportion to his superior stake, the rights of the poor man would immediately cease to be secure. This consideration prevailed when the articles of confedera- tion were formed." ' ' Popular opinion is founded in justice, and the only way to know if the popular opinion is in favor of a measure, is to ex- amine whether it is just and right in itself. I believe that what- ever is just and right, the people will judge of and comply with. The people wish that the government may derive sup- port from the justice of its measures, and they have given it support on that account." He was prone to put his thoughts on paper, thus acquiring the most condensed form of expression, and was a constant reader. At every session of congress he made it a habit to buy a Bible, daily read it, and at the close, present it to some member of the family. Is not this, and the similar familiarity of Lincoln with Holy "Writ, striking evidence of their forceful and felicitous forms of expression? Among his many epigrams is, ''Better die in a good cause than live in a bad one." When Benjamin Franklin moved that henceforth prayers imploring the assistance of Heaven, and its blessings on the deliberations of the convention, be held every morning before proceeding to business, and that one or more of the clergy of Philadelphia be requested to officiate in that service, Mr. Sherman seconded the motion. Alexander Hamilton and several others expressed their* apprehension, that, however proper such action might have been at the beginning of the convention, it might at that late day, in the first place, bring on adverse criticism; and, in the second, lead the public to believe that the embarrassments and dissensions in the con- vention had reached an acute stage, to which Mr. Sherman replied that past omission of duty could not justify its con- tinued omission; that the rejection of such a proposition THE FEAMEES OF THE CONSTITUTION 281 would expose the convention to more unpleasant animadver- sions than the adoption of it, and that the alarm out of doors that might be excited for the state of things within would be more likely to do good than ill. It appears that Mr. Sherman discovered, at an early date, many radical defects in the old confederation, although he was a member of the committee by which it was framed. A manu- script left among his papers, and containing a series of proposi- tions prepared by him for the amendment of the old articles of confederation, the greater part of which are incorporated in substance in the new constitution, displays the important part which he acted in the general convention of 1787. "That, in addition to the legislative powers vested in congress by the articles of confederation, the legislature of the United States be authorized to make laws to regulate the commerce of the United States with foreign nations, and among the several states in the union; to impose duties on foreign goods and commodities imported into the United States and on papers passing through the postoffice; for rais- ing a revenue and to regulate the collection thereof, and apply the same to the payment of the debts due from the United States, and for supporting the government, and other neces- sary charges of the union." "To make laws binding on the people of the United States, and on the courts of law, and other magistrates and officers, civil and military, within the several states, in all eases which concern the common interests of the United States ; but not to interfere with the government of the individual states, in matters of internal police which respect the government of such states only, and wherein the general welfare of the United States is not affected." "That the laws of the United States ought, as far as may be consistent with the common interests of the Union, to be carried into execution by the judiciary and executive officers of the respective states, wherein the execution thereof is required." "That the legislature of the United States be authorized to 382 THE CONSTITUTION AND ITS FEAMEES institute one supreme tribunal, and such other tribunals as they may judge necessary for the purpose aforesaid, and ascertain their respective powers and jurisdiction." "That the legislatures of the individual states ought not to possess a right to emit bills of credit for a currency, or to make any tender laws for the payment or discharge of debts or contracts, in any manner different from the agreement of the parties, unless for payment of the value of the thing contracted for, in current money, agreeable to the standard that shall be allowed by the legislature of the United States, or in any manner to obstruct or impede the recovery of debts, whereby the interests of foreigners, or the citizens of any other state, may be affected." "That, if any state shall refuse or neglect to furnish its quota of supplies, upon requisition made by the legislature of the United States, agreeably to the articles of the Union, that the said legislature be authorized to order the same to be levied and collected of the inhabitants of such state, and to make such rules and orders as may be necessary for that purpose." "That the legislature of the United States have power to make laws for calling forth such aid from the people, from time to time, as may be necessary to assist the civil officers in the execution of the laws of the United States; and annex suitable penalties to be inflicted in case of disobedience." "That no person shall be liable to be tried for any criminal offence, committed within any of the United States, in any other state than that wherein the offence shall be committed, nor be deprived of the privilege of trial by a jury, by virtue of any law of the United States." A proposition having been made to introduce a clause into the constitution, conferring upon the people the unalienable right of instructing their representatives, Mr. Sherman opposed it with great ability. He urged that it w^ould mislead the people, by conveying an idea that they possessed the right of controlling the debates of the legislature, a right destructive to the objects of their meeting; that the duty of a representative THE FRAMEES OF THE CONSTITUTION 283 was to consult, and agree, with others from the diiferent parts of the Union, relative to such acts as might be beneficial to the whole community; that, if they were to be guided by instruc- tions, there would be no use in deliberation, and a representa- tive would consider nothing more necessary than to produce these instructions, lay them on the table, and let them speak for him ; that the duty of a good representative was to inquire what measures would best tend to promote the general welfare, and, after he had discovered, to give them his support; that, if his instructions should coincide with his ideas of any measure, they would be unnecessary, and, if they were contrary to the conviction of his OAvn mind, he would be bound by every principle of justice to disregard them. Hence he considered it a fixed doctrine, that the right of the people to consult for the common good, can go no further than to petition the legis- lature for a redress of grievances. His opinion was confirmed by a large majority. The Connecticut convention called to pass upon the ratifica- tion of the Constitution discussed it section by section, and to his plain, clear and able explanation, and his great influence is largely due its ratification by that State. At the close of his part of the debate he said, — "I do not suppose the constitution to be perfect, nor do I imagine, if Congress and all the legislatures on the continent were to revise it, that their united labors would make it perfect. I do not expect any perfection, on this side the grave, in the works of man; but we are not at present, in circumstances to make it better." His study and mastery of himself is thus testified to by one of his great biographers : "It is improbable, indeed, that a man, whose early youth had been systematically employed in the acquisition of knowl- edge and the practice of important private duties, and whose maturer years had been devoted to ripening the inestimable germ, could, in any situation of life, have wilfully acted other- wise than right. At that critical period in the life of man, 284 THE CONSTITUTION AND ITS FEAMEES when his passions are most untractable, and his reason least effective; — when experience has not taught him to avoid the quick-sands and temptations of the world ; — without the foster- ing hand of a father to regulate his conduct, or the curb of education to check his evil propensities; — at that eventful period, when the tenor of his earthly pilgrimage is, perhaps, conclusively established — Roger Sherman planted in a fertile soil, those seeds of virtue which bloomed forth in a rich and luxuriant harvest. He resisted the allurements, and escaped the snares, which afflict and beset the progress of human nature; — he buffeted the temptations which throng, in count- less swarms, around the path of the young and inexperienced; — and he triumphantly conquered a constitutional efferves- cence of the passions, which might have led a less energetic mind into misery and disgrace. In his early days, he imbibed a remarkable inclination for reading, and studious meditation ; — a propensity which, if diligently pursued, stamps an honor- able character upon youth, even before the embers which they are feeding have been fanned into a flame. Mr. Sherman remarked to his family, that before he had attained the age of twenty-one years, he learned to control and govern his pas- sions; and his great and important achievement, he ascribed, in a considerable degree, to the perusal of Dr. "Watt's excellent treatise upon that subject. It cannot be denied that his success in this momentous contest, upon the issue of which all his best and dearest interests were at stake, was certain and decisive. His passions were naturally strong; but, notwithstanding the vehemence of feeling thus originally planted in his breast, he was habitually calm, sedate, and self-governed; — mild and agreeable in society; — universally benevolent in his regards towards his fellowmen. "The foundation of his usefulness as a man, and his dis- tinction as a statesman, was integrity, which, at an early period, formed one of the principal ground works of his character, and was founded upon religious principle. All his actions seem to have been preceded by a rigorous self-examination, THE FRAMEES OF THE CONSTITUTION 285 and the secret interrogatories of 'What is right?' — 'AVhat course ought I to pursue?' He never propounded to himself the questions of 'How will it affect my interest?' — 'Will it be popular?' Hence his reputation for integrity was so unques- tionable, that, in all the various decisions of public questions in which he had a voice, it is not probable that any man sus- pected him of a selfish bias, or of sinister motives, however strongly he may have been opposed to the measures which Mr. Sherman considered it his duty to support. This high quality, which is one of the most essential supports of religion and morality, and without which, no redeeming virtues can elevate man from his abasement, will, at least in some degree, account for the extraordinary influence which he enjoyed in delib- erative bodies. He possessed the essential requisite of an orator, mentioned by Cicero ; — he was universally considered, and was in fact, a good man. When he reasoned, and expressed his opinion on any subject, no apprehensions were entertained by his hearers that anything was concealed with a view to mislead, or that one reason was assigned, while a different one influenced his decision. Hence the arguments, which appeared satisfactory to his own dispassionate judgment, produced a powerful effect, and were peculiarly qualified, as well from their nature as the source from which they proceeded, to satisfy the minds of others." A great source of his power was self-control, evenness of temper and catholicity of spirit which enabled him to keep on good terms with those from whom he differed, even on theo- logical questions. These qualities were seen in their highest manifestation and in their most beneficent effects in the Constitutional Convention of 1787. Many anecdotes are related of his self-control. At family prayers he boxed the ears of one of his children who was making a disturbance. Thereupon his mother, whose mind had become enfeebled by age, walked across the room and boxed his ears, saying, "You strike your child and I strike mine." The worship went on as if nothing had happened. 286 THE CONSTITUTION AND ITS FEAMEES A farmer called at his house one day to sell some cider. Mr. Sherman, making some inquiry about the quality of the cider, the farmer stormed and swore at a furious rate. Finding Mr. Sherman perfectly unmoved at his tirade, he looked up at him in astonishment, exclaiming, ''The devil himself couldn't provoke you." His domestic life was especially happy, and his virtues of head and heart have descended to his posterity. The quickness and gracefulness of the ready wit of one of his daughters, Mehetabel, is shown in the following anecdote. On a visit of General "Washington to her father she opened the door for the President. Upon leaving, Washington, putting his hand on her head, as she opened the door for his exit, remarked, "You deserve a better office my little lady." "Yes, Sir," she replied with a courtesy, "To let you in." This young lady afterwards became Mrs. Evarts, and William M. Evarts, the eminent lawyer and statesman, was her son. The late Senator George F. Hoar was another of his many distinguished descendants. Mr. Sherman was accustomed to say that he never liked to decide a doubtful or perplexing question without submitting it for the opinion of some intelligent woman — a high tribute to the women who were his wives. While not given to humor some incidents in his life show that he was not destitute of it. A young man, just entering upon a legislative career, called upon him for advice. Mr. Sherman said, "When you are in a minority, talk; when you are in a majority, vote." In his last sickness, his friends having decided to have a consultation of physicians, asked him if he would object. He replied with a smile, "No, I don't object; only I have noticed that in such eases the patient generally dies." In 1750 he published an almanac, making many astronom- ical calculations therefor. One of his weather predictions was that a certain day would be rainy. He came to court with his cloak, and was joked about the prediction, as the morning THE FBAMEKS OF THE CONSTITUTION 287 was exceedingly clear. A heavy rain fell in the afternoon, and his jokers were drenched. He was always an outspoken opponent of the liquor traffic, and every measure in his state, and in national legislation that favored public morality, or public culture had in him an enthusiastic supporter. In the Federal Congress he was one of the foremost advo- cates for measures to sustain the public credit, and favored a tariff to protect and upbuild American manufactures. Professor Denison Olmsted, of Yale College, gives the following account of his death. * ' On the 23rd of July, 1793, he finished his eventful career, at his own quiet residence in New Haven, where, most of all, he was beloved and honored. He was cheered and sustained in the last conflict by the power of that religion which he had early embraced, and whose precepts and duties he had uni- formly illustrated by a long life of virtue and usefulness. He had enjoyed almost uninterrupted health through life, and at the age of seventy was able to mount his horse with the agility of youth and to ride thirty or forty miles without fatigue. But, as a mound which has long withstood the pressure of the floods unmoved and seemingly immovable, yields at last to the silent influences that have been unsuccessfully infusing into its struc- ture the elements of decay and weakness, and is all at once borne away; so his constitution that seemed equal to the severest labors, suddenly failed, and he sunk into the arms of death. His last effort was in attempting to lead the family devotions ; but the accents of prayer died away on his lips before the service was completed. Still his mind was serene, and when asked by his daughter if he were ready to die, he looked with that sweet expression which many have seen and felt in the dying smile and replied, "Father, not my will, but thine be done." He was tall and slender, had brown hair and blue eyes, and somewhat of the austere manner of the Puritan, in dress plain, but scrupulously neat. 288 THE CONSTITUTION AND ITS FEAMEES Byron wrote, "When some proud Son of man returns to earth, Unknown to glory, but upheld by birth, The sculptor's art exhausts the pomp of woe, And storied urns recall who rests below. When all is done, upon the tomb is seen. Not what he was, but what he should have been." Of all heroic characters in American History, this would least apply to Roger Sherman. The following inscription, recorded upon the tablet which covers his ashes, summarizes with simple truth the life, the services and the character of this man, one of the strongest founders of our country's Independence, one of the ablest framers of our country's Con- stitution, one of the characters as nearly approaching a perfect manhood as its history holds, and a model of mental and moral virtues whose life should be an everlasting ideal, to the generations that come after him: In Memory of, The Hon. Eoger Sherman, Esq., * * * Mayor of the city of New Haven, and Senator of the United States. He was born in Newtown, in Massachusetts, April 19th, 1721. And died in New Haven, July 23rd, A. D. 1793. Aged LXXII. Possessed of a strong, clear, penetrating mind, and singular perseverance, He became the self-taught scholar, eminent for Jurisprudence and policy. He was nineteen years an assistant, and twenty-three years a Judge of the Superior Court, in high reputation. He was a delegate in the first Congress, signed the glorious Act of Independence, ^ and many years displayed superior talents and ability ' in the national legislature. He was a member of the General Convention, THE FEAMERS OF THE CONSTITUTION 289 approved the Federal Constitution, and served his country, with fidelity and honor, in the House of Representatives, and in the Senate of the United States. He was a man of approved integrity; a cool, discerning Judge; a prudent, sagacious politician; a true, faithful, and firm patriot. He ever adorned the profession of Christianity which he made in youth; and, distinguished through life for public usefulness, died in the prospect of a blessed immortality. No more useful and illustrious triumvirate than the fore- going from Connecticut was ever sent by any state to the various councils of this nation. From New YorJc Alexander Hamilton Alexander Hamilton was born on the island of Nevis in the West Indies, January 11, 1757, and died July 12, 1804. His father, James Hamilton, descended from the clan Hamilton of Scotland, emigrated to the "West Indies, where he met and married the woman who became his mother, a woman of extraordinary intelligence and remarkable beauty. Of an old and honorable Huguenot family, she inherited a firm- ness in Christian faith that with her strength and brilliancy of intellectual endowment descended to her gifted son. This noble mother he lost in childhood, business reverses impover- ished his father, and he was taken to the home of his relatives. At the age of fifteen an account written by him of a hurricane that swept over St. Christopher was published that brought him into prominent notice. This and the ability he displayed in composition and business aptitude in the commercial house where he worked won the admiration of wealthy friends, and 290 THE CONSTITUTION AND ITS FEAMEES he Vi^as sent to New York, where he graduated from King's (now Columbia) College. As a student he was noted for his intense application, his unusual talent, and his fervent piety. It was his intention then to study medicine. But his born ability as a writer turned his career into another channel. At the age of seventeen, with a group of patriotic associates from the college, he attended a meeting where were being discussed the issues aflame between the colonies and Great Britain, and was called upon for a speech. His logic and eloquence so astonished the audience as to at once give him high rank as an advocate of colonial rights. During the same year a number of his published articles were so distinguished for dignity of manner, pith of matter and elegance of style that they were attributed to either Governor Livingston or John Jay. "When their authorship was discovered he was universally recognized as an intellectual prodigy, and called, "Vindicator of the Congress." Nor was he a mere man of words, but as valiant actor as he was an able and eloquent advocate. In March, 1776, he entered the Continental Army as captain of artillery, and displayed heroic gallantry in the battles of Trenton, Brandy- wine and Princeton. At Monmouth his conduct was so dis- tinguished for courage and sagacity that Washington gave him the highest praise in a special message to congress. In March, 1777, he became aide-de-camp, secretary and trusted confidant of Washington. Then began that intimate, life-long friendship between these great men. This position he held until 1781, when he was appointed to the command of a corps of New York troops with the rank of colonel. With this command he closed his active military career by leading a daring assault upon and capturing a redoubt at Yorktown. At the close of the war he entered upon the study of law at Albany, and made such rapid progress that he was admitted to the bar in four months. Soon after he wrote a manual on the THE FRAHERS OF THE CONSTITUTION 39I practice of law that was used as a text book for students. He soon became a leader at the New York bar. He was,4he most precocious, and one of the ablest, most versatile statesmen in all our history. The problems of gov- ernment were with him a passion — a life-long study. In its every department, especially finance, he was one of the most profound, clear-headed, and able thinkers of his own, or any time. From his tent in the midst of a suffering army, where every energy was taxed to the utmost in his arduous duties as aide to Washington, and when but little over twenty-three years of age, early in 1780, he wrote to Congressman Duane of New York a criticism of the existing system of attempted National Government with suggestions for remedial action that subse- quent history stamps as axiomatic truths of constructive states- manship. In this letter he urged the calling of a convention of delegates from the several states to organize such efficient national government instead of the weak and headless plan proposed in the Articles of Confederation, saying : "Undefined powers are discretionary powers, limited only by the object for which they were given. "Some of the lines of the army, but for the influence of Washington, would obey their states in opposition to Congress. Congress should have complete sovereignty in all that relates to war, peace, trade, finance, foreign affairs, armies, fleets, fortifications, coining money, establishing banks, imposing a land tax, poll tax, duties on trade, and the unoccupied lands. That the general government should have power to provide certain perpetual revenues, productive and easy of collection. That the Articles of Confederation proposed a government neither fit for war or for peace and would make our Union feeble and precarious. And that the committees and boards should be superseded by the appointment of officers of state, for foreign affairs, for war, for the navy and for the treasury." In 1782-3 he Avas a member of Congress, and vainly labored for reformation of the national system along the same lines. 392 THE CONSTITUTION AND ITS TEAMESS Upon his entering Congress Washington wrote General Sullivan : "I can venture to advance from a thorough Knowieage of him that there are few men to be found at his age who have more general knowledge than he possesses, and none whose soul is more firmly engaged in the cause, or who excels him in probity or in sterling virtues." In addition to his labors in Congress he contributed a series of masterly essays in favor of a stronger government. His efforts in that direction were such a distinct disappoint- ment in failure to accomplish results that he left Congress dis- gusted, and wrote "Washington : ''I have an indifferent opinion of the honesty of this coun- try, and ill-forebodings of its future system. I have written with sensations of chagrin, and will make allowance for color- ing, but the general picture is true. God send us all more wisdom. ' ' He was the central figure in the Annapolis Convention, and wrote the address of that body calling for the Constitutional Convention. He submitted no written plan to that convention, as did Randolph, Pinckney and Paterson, but in an able and eloquent speech outlined a plan that he said he knew would not be adopted. This was an assembly to be elected by the people for three years ; a senate to be chosen by electors elected for such choice by the people, the senators to hold office during good behavior, or for life. A governor of similar selection to hold office in the same way, to have a veto upon all laws and to appoint all officers, subject to the Senate's approval. The general gov- ernment to appoint the governors of the states and have the power of vetoing any state laws. It was probably owing to his experience as a soldier in an ill-supplied and neglected army whose failure of proper support was due to the shortcomings of the states, jealous of and insistent upon their sovereignty, and to an inefficient central THE FEAMEES OF THE CONSTITUTION 293 government, supplemented by his fruitless efforts in Congress and in the press to remedy the ills so glaringly apparent, that he took the gloomy view he did of democracy, and favored the practical annihilation of state independence in anything. He feared democracy, and made no disguise of his doubts as to the success of republican government, his admiration of the English constitution and personal preference for a limited monarchy as the best security for property and personal rights. He was a tirm believer in a strong government, and doubted the capacity of the masses to govern correctly. With the usual and general commercial and business view, he deprecated brief tenures of office and frequent elections as hostile to steady, settled prosperity, and fomentors of business disturbance. He was the only member of the convention who signed the constitution as an individual. He did this because his colleagues had left, and, in consequence, he did not feel authorized to sign alone for New York. In the battle for the adoption of the constitution by New York, of all men he did the most to convince the people of the wisdom of such a course. Nor was his titanic influence con- i fined to that state alone. ''The Federalist," explaining the con- 1' ■^ ^ stitution and chiefly his product, then written, has been and always will be the political classic of American literature, cited by courts, quoted by statesmen, studied by the cultured and admired by all. When the city of New York celebrated the victory of the constitution's ratification a ship on wheels representing the "Ship of State" was drawn through the streets by ten milk- white horses. On each of the four sides upholding it appeared one name— HAMILTON. Ever the trusted confidant of Washington, he was called to his cabinet as our first secretary of the treasury. Never was that office more difficult to fill or more grandly filled. The country's financial condition, with the burden of foreign, national and state debts, seemed hopelessly involved. Never was that country's credit at a lower ebb. Indeed, it had 394 THE CONSTITUTION AND ITS FEAMEES neither cash nor credit. No definite system of currency existed, nor plan was settled upon to extricate the new-born nation from its overwhelming perplexities. Splendidly did he solve the problems and start the nation on a sound financial basis. Said Daniel Webster, ''He touched the dead corpse of the public credit, and it sprang upon its feet." How paltry now appear the burdens under which our infant republic staggered. The foreign debt was .$12,000.00 The National debt was 42,000.00 The State debts 21,000.00 Total $75,000.00 He believed in commercial honesty, and through the course of years secured their payment in full — dollar for dollar. The result of his wise and honest course resulted in placing the credit of the United States on a solid foundation. And from that day the bonds of our government have been consid- ered the safest investment to be found. Well might he be called the Father of American credit. Radically differing in their theories of government, there soon occurred a breach in the cabinet between him and Jefferr.. son that widened and deepened, until their personal relation? became as embittered as their political views pronounced and variant. This was the sorest personal trial of AVashington 's whole Presidential career,- His unselfish, impersonal devotion to his country — his whole country — made him incapable of compre- hending such antagonisms. He knew no party alignment, no partisan partiality, no sectional prejudice. He rose to the supreme height of that patriotic purpose befitting the ''Father of his Country," and composed his cabinet of men of divergent views and variant policies that he might reach the golden mean that is always best. He respected the right of freedom of opinion and courted the counsel of independent thought. THE FEAMEES OF THE CONSTITUTION 395 He knew the danger of a dead sameness, that supreme wisdom belonged to none. He heard with patience the appeal of senti- ment, attended with eagerness the logic of reason, and chose his course after well-weighing all before him. Self-contained, and self-reliant, to the utmost, yet he was no vain egotist, and sought support from the strong arms about him. Hamilton and Jefferson, he knew were both patriots to the core. They were as his own sons. With a father's fond solicitude he sought their reconciliation in his country's and his own family cabinet. To each he wrote in the same tenor : "How unfortunate and how much to be regretted it is that, while we are encompassed on all sides with avowed enemies and insidious friends, internal dissensions should be harrowing and tearing out our vitals." He set forth the public injury their quarrel would occasion, and appealed to their lofty love of country and sense of public duty to subdue their personal pride or pique. His paternal efforts were all in vain, After six years' incessant, arduous and brilliant service as secretary of the treasury, Hamilton, scarce past his thirty- eighth year, in 1795 resigned the great office so greatly filled, closed his official political career, and resumed the practice of law in New York, but as a private citizen continued his political activity, and remained the most able, alert and enthusiastic contributor to the press in support of the administration of his old commander. At the instance of Washington, President Adams made him inspector general of the army. There he displayed a talent in organizing amounting to military genius. In 1798, when a provincial army was provided for prepara- tory to France declaring her threatened war upon us, President Adams appointed Washington commander-in-chief of the army. He accepted only on condition that Hamilton was made second in command, and Hamilton was so appointed with the rank of a major general. Upon Washington's death he became com- mander-in-chief, but the need for the army was happily averted 296 THE CONSTITUTION AND ITS FEAMEES by the diplomacy of President Adams, and its organization disbanded. He and Aaron Burr had been rivals at the New York bar, in politics, and in fact from early manhood. Each were aides on "Washington's staff, froin which Burr was soon dismissed. Burr and the traitor, Charles Lee, were the only men whom history tells of who knew Washington intimately and hated him, and Burr was one man whom Washington thoroughly despised. Hamilton knew Burr's despicable nature, and correctly comprehended his unscrupulous character. And Hamilton could and did rise above personal feeling when his country confronted a crisis. When Jefferson proposed the "Louisiana Purchase," Ham- ilton dropped partisanship and supported the measure, not as Jefferson did, as a politic, but unconstitutional stretch of authority, but as both politic and constitutional. In the great battle between Jefferson and Burr for the Presidency in 1801, it was Hamilton's fierce Phillipic to Oliver Wolcott that turned the scale and seated Jefferson. This letter was, in part as follows : "There is no doubt that, upon every prudent and virtuous calculation Jefferson is to be preferred. He is by far not so dangerous a man, and he has pretensions to character. As to Burr, there is nothing in his favor. His private character is not defended by his most partial friends. He is bankrupt beyond redemption, except by the plunder of his country. His public principles have no other spring or aim than his own aggrandizement. If he can he will certainly disturb our insti- tutions to secure himself permanent power, and with it wealth. "Every step in his career proves that he has formed him- self on the model of Cataline, and he is too cold-blooded and determined a conspirator to change his plan." In 1804, while yet Vice-President, Burr made his last effort to regain public place by running for governor of New York. While Hamilton was attending court in Albany a conference of THE FEAMEES OF THE CONSTITUTION 297 Federalists was held to discuss resisting the efforts of Burr to effect a coalition between his party and the disaffected Federalists. Hamilton attended and denounced the movement and Burr's political character. This was reported by an eaves- dropper to Burr. Dr. Samuel Cooper, of Albany, had dined with Hamilton at the home of Judge Taylor, and in published letters scattered broadcast over the state told of Hamilton's strictures upon Burr as politically unfit for the high office and a dangerous man to place in it, adding he could detail a more despicable opinion Hamilton had expressed of Burr. Burr's defeat told him his public career was closed forever. He attrib- uted his second and final overthrow to Hamilton, though Ham- ilton had taken no part in the campaign, and in his vindictive fury determined to have the life of his over-powerful enemy. Burr seized upon the word, despicable, as applied to his per- sonal character — an apt case of conscience making self-appli- cation — and demanded retraction or a duel. Hamilton did all in his power to avert accepting the challenge. His letters, found after his death, showed his premonition of the fatal result. In them he showed his deep sense of obligation to his dependent family, his creditors and his clients, his anxious desire to avoid the duel. But the sentiment of the day was too strong. It forced Hamilton to accept the challenge. They met at Weehawken, New Jersey, on the morning of July 11, 1804. Hamilton shot in the air, in disdain of the practice in which pride made him take such a fatal part, Burr's murderous bullet found its assassin's aim too true, and Hamilton fell, exclaiming to his physician, "this wound is mortal." A day's lA. intense agony closed his life. ^ '>^- l^*^ His untimely death did more to evoke public sentiment and <^ ^ legislation against dueling than any event in American history. But a short time before this Hamilton's oldest son, a boy of twenty, on the very same spot, had fallen in a duel. A storm of public indignation swept over the country. Burr was indicted, but never tried for the murder. He fled the state, and from that day for thirty years, with Cain's accursed mark. 398 THE CONSTITUTION AND ITS FEAMEES he was a despised vagabond wherever he wandered. In Ham- ilton's grave his political fortunes and personal reputation were forever buried. An immense concourse attended the funeral oration of Gouverneur Morris in Trinity church. Four of Hamilton's sons^ the oldest sixteen, the youngest six, sat on the platform. Morris rose to the supreme height of his life in his great ora- tion, portraying how Hamilton had saved the peoples' interests against the efforts of the people themselves, that, though he had abandoned public life, he never for one moment had aban- doned the public service. Too late an arouse^^ nation laid the wreath of its grateful homage on the bier of its great statesman. If ever this country knew a born genius, Hamilton was that genius. Yet he left the lesson to American youth that should and will live in glorious immortality, — -"Genius is nothing but hard work." He was a ceaseless, constant worker. A student every hour. He was not one who "thought he was thinking." He thought — thought profoundly. He studied. He never trusted to sudden inspiration, or impromptu effort. He staked all upon thorough, exhaustive preparation. Jefferson said of him as a writer, — ' ' He is really a Colossus, a host within himself, one whose reasoning he had found from experience the ablest were unable to parry." In Trinity church yard, New York, near the great financial center of the country rest the ashes, and stands the tomb of the first financier of American history. That tombstone bears this inscription, broader written on the enduring page of his country's history: The Patriot of Ineorrnptible Integrity, The Soldier of Approved Valor, The Statesman of Consummate Wisdom, Whose Talents and Virtues, Will be remembered by A grateful posterity Long after this marble shall have mouldered into dust. THE FEAMEES OF THE CONSTITUTION 299 He was one of the first trustees and founders of Hamilton College at Oneida, New York, named in his honor. His marriage with Elizabeth, daughter of General Philip Schuyler, was especially fortunate. She was a woman of great hereditary and acquired intellectual accomplishments, a devoted Christian wife and mother, to whom is due the first orphan asylum in New York, and a fit companion for her illustrious husband. Their descendants have been an honor to their country. Of General Schuyler Chancellor Kent said : *'In acuteness of intellect, profound thought, indefatigable activity, exhaustless energy, pure patriotism and persevering intrepid public efforts he had no superior." Daniel Webster, — "He was second only to Washington in the service rendered to the country." He was one of the four major generals appointed when Washington was chosen commander-in-chief, and one of New York's first United States senators. Between this soldier-statesman and his gifted son-in-law existed the strongest sympathy in patriotic sentiment and pur- pose, the most cordial congeniality and devoted friendship. No father and son could have been more tenderly or devotedly attached to each other. It is a somewhat curious coincidence that Burr should have been the antagonist of both these remarkable men. In 1791, in the election for United States senator from New York, Burr defeated Gen. Schuyler. In 1797 Gen. Schuyler defeated Burr for the same position. Hamilton was small and lithe of figure, and very erect ; his address graceful and nervous; complexion ruddy; hair light; eyes of remarkable lustre. His wit, humor, and vast fund of information made him as great socially as he was politically. No man took a more prominent part in the Constitutional Convention than did Hamilton, either in its debates or the work of its committees. His great abilities were recognized 300 THE CONSTITUTION AND ITS FEAMEES and honored by its every member. He will always stand forth as one of the three first figures in that august body; as one of the men who did most in the framing of our constitution, in matter, in manner, in form and in substance. His unquestioned genius, his great ability, his masterly intellectual eminence, his fervent patriotism, whatever differ- ences of opinion may exist as to the policies he espoused, will enshrine his memory in the honor and pride of America for all time. Alexander Hamilton's Plan, or Suggestions I. The supreme Legislative power of the United States of America to be vested in two different bodies of men; the one to be called the Assem- bly, the other the Senate; who together shall form the Legislature of the United States, with power to pass all laws whatsoever, subject to the negative hereafter mentioned. II. The Assembly to consist of persons elected by the people to serve for three years. III. The Senate to consist of persons elected to serve during good behaviour; their election to be made by electors chosen for that purpose by the people. In order to this, the States shall be divided into election districts. On the death, removal or resignation of any Senator, his place to be filled out of the district from which he came. IV. The supreme Executive authority of the United States to be vested in a Governor, to be elected to serve during good behaviour; the election to be made by Electors chosen by the people in the Election Dis- tricts aforesaid. The authorities and functions of the Executive to be as follows: to have a negative on all laws about to be passed, and the execution of all laws passed; to have the direction of war when authorized or begun; to have with the advice and approbation of the Senate the power of making all treaties; to have the sole appointment of the heads or chief officers of the Departments of Finance, War and Foreign Affairs; to have the nomination of all other officers (ambassadors to foreign nations included) subject to the approbation or rejection of the Senate; to have the power of pardoning all offences except treason, which he shall not pardon without the approbation of the Senate. V. On the death, resignation or removal of the Governor, his authori- ties to be exercised by the President of the Senate till a successor be appointed. VI. The Senate to have the sole power of declaring war; the power of advising and approving all treaties; the power of approving or rejecting THE FRAMEES OF THE CONSTITUTION 30I all appointments of officers, except the heads or chiefs of the Departments of Finance, War, and Foreign Affairs. VII. The supreme Judicial authority to be vested in Judges, to hold their offices during good behayiour, with adequate and permanent salaries. This court to have original jurisdiction in all cases of capture, and an appellative jurisdiction in all causes in which the revenues of the General Government, or the citizens of foreign nations, are concerned. VIII. The Legislature of the United States to have power to institute courts in each State for the determination of all matters of general concern. IX. The Governor, Senators, and all officers of the United States, to be liable to impeachment for mal- and corrupt conduct; and upon convic- tion to be removed from office and disqualified from holding any place of trust or profit; all impeachments to be tried by a Court to consist of the Chief , or Judge of the Superior Court of Law of each State, provided such Judge shall hold his place during good behaviour and have a permanent salary. X. All laws of the particular States contrary to the Constitution or laws of the United States to be utterly void; and the better to prevent such laws being passed, the Governor or President of each State shall be appointed by the General Government, and shall have a negative upon the laws about to be passed in the State of which he is the Governor or President. XI. No State to have any forces, land or naval; and the militia of all the States to be under the sole and exclusive direction of the United States, the officers of which to be appointed and commissioned by them. John Lansing John Lansing was born in Albany, New York, January 30, 1754. After a liberal education he studied law with his distin- guished associate, Robert Yates. During the revolution he served as military secretary for General Schuyler. He entered political life in 1778 as a member of the New York assembly, and was again and again reelected, serving seven sessions in all and becoming speaker in 1786. During this time he was for four years mayor of Albany. From February, 1784, until 1788, he was a member of the Continental Congress. In 1786 he was a member of the Convention that sat at Hartford, Connecticut, and made a final settlement of the territorial claims of New York and Massachusetts. He and Yates, both holding that the Constitutional Conven- 302 THE CONSTITUTION AND ITS FEAMERS tion had no power to form a new government, as was proposed by the Constitution, but only to amend the Articles of Confed- eration, withdrew from the Convention, and earnestly opposed the ratification of the constitution by the state of New York. He was thereafter again a member and speaker of the New York Assembly, declined a nomination for governor, and was one of the commissioners to settle the matters in con- troversy between New York and Vermont. From 1790 to 1798 he was a justice of the Supreme Court of New York, in the latter year succeeding Robert Yates as chief justice. In 1807 he succeeded Robert R. Livingston as chan- cellor of New York, holding that exalted station until in 1814 his age made him ineligible, when he was succeeded by the great American Blackstone, James Kent, having worthily worn the robe of the chancellorship made so distinguished by these celebrated jurists. His long judicial career proves his eminence as a lawyer, his ability and integrity as a judge. His extensive experience as a legislator, his splendid legal training well fitted him for membership in that great Convention of the country's gifted. In New York city, December 12, 1829, he left his hotel to mail a letter, and was never heard of thereafter. Thus closed in mystery the life of one of the most noted jurists of the period, whatever may be thought of his conduct in the Con- vention and concerning the Constitution. Robert Yates The ancestors of Robert Yates came to New York from Leed^, England, during the reign of Charles I. The family was one of the most distinguished in the state. He was born at Schenectady, January 27, 1738; was clas- sically educated in New York city; and studied law with "William Livingston. Locating at Albany in 1760, he soon became one of the leaders of its famous bar. He was one of the most influential writers in support of THE FRAMERS OF THE CONSTITUTION 303 the Colonial claims prior to the revolution. From 1775 to 1778 he was a member of the provincial congress of New York, in 1776 a leading member of the Council of Safety, and the same year one of the committee that drafted the first constitution of New York. In 1777 he became one of the judges, and in 1790 chief justice of the Supreme Court of New York, holding for eight years this highest place in the judiciary of his state. He took a very active part in the early debates of the Convention and left valuable historic notes of its proceedings that were published after his death. Believing that the Convention was transcending its author- ity in preparing a new constitution for the country, instead of amending the Articles of Confederation, he and his colleague, John Lansing, withdrew and did all in their power to prevent the ratification of the Constitution by the state of New York. But once ratified no one was a more loyal supporter of it. He was a member of the commission to adjust the dispute between Massachusetts and Connecticut over territory claimed by each, and also the claims of New York against Vermont. He stood in the first rank as a lawyer and jurist. He and Lansing have been visited with severest criticism for the view they took of the Convention's power and authority and sum- marily leaving it as they did. Yet his long and eminent public career evidences that he was a man of great learning and ability. He died at Albany, New York, September 9, 1801. Yates and Lansing enjoyed a life-long intimacy, and their careers were peculiarly blended. Lansing was the law-pupil of Yates. They stood together in their views that the Conven- tion was transcending its authority in attempting the formation of a new constitution, and for the same reasons together left the Convention. For many years they sat together on the supreme bench of New York, Lansing succeeding Yates as chief justice. Yates was twice an unsuccessful candidate for governor of New York, and Lansing declined the nomination 304 THE CONSTITUTION AND ITS FRAMEES for that high office in 1804. Seldom, if ever, has such harmony of sentiment, union and uniformity of careers been known in our country. It seems most unfortunate that their united efforts could not have been joined with Hamilton's in favor of the great instrument of which they became loyal supporters and able interpreters. Had this been so, their imperial state would have given in them an invincible triumvirate that would have saved our patriot fathers many an anxious hour, and hastened the ratification of the Constitution. From New Jersey David Brearley David Brearley was born at Spring Grove Farm, near Lawrenceville, New Jersey, June 11, 1741, and died at Trenton, August 16, 1790. Just prior to the revolution he took such an active part in opposition to the British encroachments upon colonial rights that he was arrested for treason, but was released by a mob of his countrymen. As soon as the war broke out he entered the army as a lieutenant, and established the reputation of being a cool, intrepid and sagacious officer. In 1799 he left military service upon his appointment as chief justice of New Jersey. In the Constitutional Convention he was one of the firm supporters of the equality of the states in representation in Congress. He was president of the New Jersey Convention that ratified the Constitution ; presidential elector in 1788 ; and in 1789 resigned as chief justice to become judge of the United States District Court. He was a man of high repute as a lawyer and jurist, and of profoundly pious life, always taking an active part in church work. In 1785 he compiled the Protestant Episcopal prayer book. Of ripe learning, extensive judicial and legislative expe- rience, and flawless moral character, he fitly filled the high place of a Framer of our Country's Constitution. THE FEAMEES OF THE CONSTITUTION 305 Jonathan Dayton Jonathan Dayton was born at Elizabethtown, New Jersey, October 16, 1760, and there died on October 9, 1824. His father, Gen. Elias Dayton, served throughout the entire revolutionary war, rising to the rank of brigadier general. He entered his father's regiment as paymaster upon his gradua- tion from Princeton in 1776, and closed his military career as > soldier under La Fayette at Yorktown. He was a member of the United States House of Repre- sentatives from 1791 to 1799 ; was one of its ablest members, and twice elected its speaker, serving in that high office during the fourth and fifth Congresses, resigning his position in the House when elected to the United States Senate in 1799. In 1807 he was accused of and arrested for joining in the treasonable conspiracy with Aaron Burr, but was never tried. This charge, that would appear to be groundless from the fail- ure to prosecute him, closed his political career, hitherto one of exceptional brilliancy. He enjoyed the distinction of being the youngest member of the Constitutional Convention, in which, despite his youth, and with becoming modesty, he took a prominent part. William Steele, of New York, several years ago contributed to Littell's "Living Age," the following conversation, of his- toric interest, with Senator Dayton: Said General Dayton, "I was a delegate from New Jersey, in the General Convention, which assembled in Philadelphia for the purpose of digesting a constitution for the United States, and I believe I was the youngest member of that body. ' ' The great and good Washington was chosen our president, and Dr. Franklin, among other great men, was a delegate from Pennsylvania. A disposition was soon discovered in some members to display themselves in oratorical flourishes; but the good sense and discretion of the majority put down all such attempts. We had convened to deliberate upon, and if possible effect a great national object — to search for political wisdom and truth; these we meant to pursue with simplicity, and to 306 THE CONSTITUTION AND ITS FEAMEES avoid everything which would have a tendency to divert our attention, or perplex our scheme. A great variety of projects were proposed, all republican in their general outlines, but differing in their details. It was, therefore, determined that certain elementary principles should at first be established in each branch of the intended Constitution, and afterwards the details should be debated and filled up. There was little or no difficulty in determining upon the elementary principles — such as for instance that the government should be a repub- lican, representative government, that it should be divided into three branches, that is, legislative, executive and judicial. But when the organization of the respective branches of the legislature came under consideration, it was easy to be per- ceived that the eastern and southern states had distinct inter- ests, which it was difficult to reconcile; that the larger states were disposed to form a constitution in which the smaller states would be mere appendages and satellites to the larger ones. On the first of these subjects, much animated and some- what angry debate had taken place, when the ratio of repre- sentation in the lower house of Congress was before us — ^the southern states claiming for themselves the whole number of their black population, while the eastern states were for confin- ing the elective franchise to free men only, without respect to color. As the different parties adhered pertinaciously to their different positions, it was feared that this would prove an insurmountable obstacle; but as the members were already generally satisfied that no constitution could be formed, which would meet the views and subserve the interests of each indi- vidual state, it was evident that it must be a matter of com- promise and mutual concession. Under these impressions, and with these views, it was agreed at length that each state should be entitled to one delegate in the House of Eepresentatives for every 30,000 of its inhabitants, in which number should be included three-fifths of the whole number of their slaves. When the details of the House of Eepresentatives were dis- posed of, a more knotty point presented itself in the organiza- THE FRAMEES OF THE CONSTITUTION 307 tion of the Senate. The larger states contended that the same ratio, as to states, should be common to both branches of the legislature, or in other words, that each state should be entitled to a representation in the Senate (whatever might be the num- ber fixed on), in proportion to its population, as in the House of Representatives. The smaller states, on the other hand, contended that the House of Representatives might be consid- ered as the guardian of the liberties of the people, and there- fore ought to bear a just proportion to their numbers; but that the Senate represented the sovereignty of the states, and that as each state, whether great or small, was equally an independent and sovereign state it ought, in this branch of the legislature, to have equal weight and authority; without this, they said there would be no security for their equal rights, and they would, by such a distribution of power be merged and lost in the larger states. This reasoning, however plain and powerful, had but little influence on the minds of the delegates from the larger states, and as they formed a large majority of the convention, the question, after passing through the forms of debate, was decided that each state should be represented in the Senate in proportion to its population. When the con- vention had adjourned over to the next day, the delegates of the four smallest states, i. e., Rhode Island, Connecticut, New ^ ^"^^ Jersey and Delaware, convened to consult what tourse was to be pursued in the important crisis at which we had arrived. After serious investigation, it was solemnly determined to ask for a reconsideration the next morning; and if it was not granted, or if, when granted, that offensive feature of the Con- stitution could not be expunged, and the smaller states put on an equal footing with the largest, we would secede from the convention, and returning to our constituents, inform them that no compact could be formed with the larger states but one which would sacrifice our sovereignty and independence. "I was deputed to be the organ through which this com- munication should be made — I know not why, unless it be that young men are generally chosen to perform rash actions. „,>— - 308 THE CONSTITUTION AND ITS FEAMEES Accordingly when the convention had assembled, and as soon as the minutes of the last sitting had been read, I arose and stated the view we had taken of the organization of the Senate — our desire to obtain a reconsideration and suitable modifica- tion of that article ; and in failure thereof, our determination to secede from the convention, and return to our constituents. "This disclosure, it may readily be supposed, produced an immediate and great excitement in every part of the house. Several members were immediately upon the floor to express their surprise or indignation. They represented that the ques- tion had received a full and fair investigation, and had been definitely settled by a large majority. That it was altogether unparliamentary and unreasonable for one of the minority to propose a reconsideration at the moment their act had become a matter of record, and without pretending that any new light could be thrown on the subject. That if such a precedent should be established it would in future be impossible when any one point would be definitely settled; as a small minority might at any moment, again and again, move and obtain a reconsideration. They therefore hoped the Convention would express its decided disapprobation by passing silently to the business before them. ''There was much warm and some acrimonious feeling exhibited by a number of the speeches. A rupture appeared almost inevitable, and the bosom of Washington seemed to labor with the most anxious solicitude for its issue. Happily for the United States, the Convention contained some individ- uals possessed of talents and virtues of the highest order, whose hearts were deeply in the establishment of a new and efficient form of government ; and whose penetrating minds had already deplored the evils which would spring up in our newly established republic, should the present attempt to con- solidate it prove abortive. "Among those personages, the most prominent was Dr. Franklin. He was esteemed the mentor of our body. To a mind naturally strong and capacious, enriched by much read- THE FEAMEKS OF THE CONSTITUTION 309 ing, and the experience of many years, he added a manner of communicating his thoughts peculiarly his own, in which sim- plicity, beauty and strength were equally conspicuous. As soon as the angry orators who preceded him left an opening, the Doctor arose, evidently impressed with the weight of the subject before them, and the difficulty of managing it success- fully.. 'We have arrived, Mr, President,' said he, 'at a very momentous and interesting crisis in our deliberations. Hitherto our views have been as harmonious and our 'progress as great as could reasonably have been expected. But now an unlooked for and formidable obstacle is thrown in our way, which threatens to arrest our course, and if not skillfully removed, to render all of our fond hopes of a constitution abortive. The ground which has been taken by the delegates of the four smaller states was as unexpected by me, and as repugnant to my feelings, as it can be to any other member of this Con- vention. After what I thought a full and impartial investiga- tion of the subject, I recorded my vote in the affirmative side of the question, and I have not yet heard anything which induces me to change my opinion. But, I will not, therefore, conclude that it is impossible for me to be wrong; I will not say that those gentlemen who differ from me are under a delusion — much less will I charge them with an intention of needlessly embarrassing our deliberations. It is possible some change in our late proceedings ought to take place upon princi- ples of political justice; or that, all things considered, the majority may see cause to recede from some of their just pre- tentions, as a matter of prudence and expediency. For my own part, there is nothing I so much dread as a failure to devise and establish some efficient and equal form of govern- ment for our infant republic. The present effort has been made under the happiest auspices, and has promised the most favorable results, but should this effort prove vain, it will be long ere another can be made with any prospect of success. Our strength and our prosperity depend on our unity ; and the secession of even four of the smallest states, interspersed as 310 THE CONSTITUTION AND ITS FEAMEES they are, would, in my mind, paralyze and render useless any plan which the majority could devise. I should therefore be grieved, Mr. President, to see matters brought to the test, which perhaps has been too rashly threatened on the one hand, and which some of my honest colleagues have treated too lightly on the other. I am convinced that it is a subject which should be approached with caution, treated with tenderness, and decided on with candor and liberality. It is, however, to be feared that the members of this Convention are not in tem- per at this moment to approach the subject on which we differ in this spirit. I would, therefore, propose, Mr. President, that, without proceeding further in this business at this time, the convention should adjourn for three days, in order to let the present ferment pass off, and to afford time for a more full, free and dispassionate investigation of the subject; and I would earnestly recommend to the members of this convention, that they spend the time of this recess, not in associating with their own party, and devising new agreements to fortify them- selves in their old opinions, but that they mix with members of opposite sentiments, lend a patient ear to their reasonings, and candidly allow them all the weight to which they may be entitled, and when we assemble again, I hope it will be with a determination to form a constitution, if not such an one as we can individually, and in all respfects, approve, yet, the best, which under existing circumstances can be obtained." (Here the countenance of Washington brightened, and a cheering ray seemed to break in upon the gloom which had recently covered our political horizon) . The Doctor continued : "Before I sit down, Mr. President, I will suggest another matter ; and I am really surprised that it has not been proposed by some other member at an earlier period of our deliberations. I will suggest, Mr. President, the propriety of nominating and appointing, before we separate, a chaplain to this Convention, whose duty it shall be uniformly to assemble with us, and introduce the business of each day by an address to the Creator of the Universe, and the Governor of all Nations, beseeching THE FKAMERS OF THE CONSTITUTION 311 Him to preside in our councils, enlighten our minds with a portion of heavenly wisdom, influence our hearts with a love of truth and justice, and crown our labors with complete and abundant success." The Doctor sat down, and never did I behold a countenance at once so dignified and delighted as that of Washington at the close of this address. Nor were the members of the Con- vention, generally, less affected. The words of the venerable Franklin fell upon our ears with a weight and authority even greater than we supposed an oracle to have had in a Roman senate. A silent admiration superseded for a moment the expression of that assent and approbation which was strongly marked on almost every countenance. I say almost, for one man was found in the Convention, Mr. H ., from ., who rose and said, with regard to the first motion of the honorable gentleman for an adjournment, he would yield his assent ; but he protested against the second motion, for the appoint- ment of a chaplain. He then commenced a high-strained eulogium on the assemblage of wisdom, talent, and experience, which the Convention embraced ; declared the high sense he entertained of the honor which his constituents had conferred upon him in making him a member of that respectable body; said he was confidently of opinion that they were competent to transact the business which had been entrusted to their care — that they were equal to every exigence which might occur; and concluded by saying, that therefore he did not see the necessity of calling in foreign aid. Washington fixed his eyes upon the speaker with a mixture of surprise and indignation, while he uttered this impertinent and impious speech, and then looked around to ascertain in what manner it affected others. They did not leave him a moment to doubt ; no one deigned to reply, or take the smallest notice of the speaker, but the motion for appointing a chaplain was instantly seconded and carried, whether with the silent disapprobation of Mr. II , or his solitary negative, I do not recollect. 313 THE CONSTITUTION AND ITS FEAMEES "The motion for an adjournment was then put and carried unanimously; and the Convention adjourned accordingly. "The three days of recess were spent in the manner advised by Doctor Franklin; the opposite parties mixed with each other, and a free and frank interchange of sentiments took place. On the fourth day we assembled again, and if great additional light had not been thrown on the subject, every unfriendly feeling had been expelled, and a spirit of concilia- tion had been cultivated, which promised, at least, a calm and dispassionate reconsideration of the subject. "As soon as the chaplain had closed his prayer, and the minutes of the last sitting were read, all eyes were turned to the Doctor. He rose, and in a few words stated, that during the recess he had listened attentively to all the arguments pro and con, which had been urged by both sides of the house; that he had himself said much and thought more on the sub- ject; he saw difficulties and objections, which might be urged by individual states against every scheme which had been proposed ; and he was now, more than ever, convinced that the constitution which they were about to form, in order to be just and equal, must be formed on the basis of compromise and concession. With such views and feelings he would now move a reconsideration of the vote last taken on the organiza- tion of the Senate. The motion was seconded, the vote carried, the former vote rescinded, and by a successive motion and resolution, the Senate was organized on the present plan. "Thus, my dear son, I have detailed, as far as my memory serves me, the information which I received personally from General Dayton. It has been done from a recollection of ten years, and I may have differed much from General Dayton in his phraseology, but I am confident I have fully stated the facts. I have related this anecdote at different times to gen- tlemen of information, to all of whom it was entirely new. Some of them requested me to furnish them a written copy, but I deemed that impossible without the permission of General Dayton ; and I intended the first opportunity I should have to THE FRAMEES OF THE CONSTITUTION 313 make the same request of him — but the hand of death has removed him. "In committing this anecdote to paper, I have been actu- ated, not only by a wish to gratify you, but by a desire to per- petuate the facts, if, as I fear they are not elsewhere recorded, as they relate to a very important feature in our republican institutions, and to some of the most celebrated individuals who achieved our independence, and framed our National Government. They will, I am persuaded, be interesting to every lover of this happy country. "I am, very affectionately, "Your father, "Wm. Steele. "To Jonathan D. Steele." William Churchill Houston William Churchill Houston was born in the Sumter Dis- trict, South Carolina, about 1746, and died at Frankfort, Penn- sylvania, August 12, 1788 — the first member of that great Convention to pass to his final reward. He graduated at Princeton in 1768, having worked his way through college as a tutor, and serving therein in the same capacity until 1771, when he was made professor of mathe- matics and natural philosophy. At one time he and Dr. Witherspoon were the only members of the faculty who remained to instruct the little band of students, too young to enter the army that had drained this always patriotic institu- tion of professors and pupils. In 1776 he rendered efificieni service as a captain in that army. In 1776 he was a member of the New Jersey legislature; in 1778, of its state council of safety; from 1779 to 1782 and from 1784 to 1786, represented it in the Continental Congress. In the latter year he resigned his professorship at Prince- ton, and entered the practice of law at Trenton. From 1784 until his death he was clerk of the New Jersey Supreme Court. He was a member of the Annapolis Convention. His failing 314 THE CONSTITUTION AND ITS FEAMEES health forced him to leave the Constitutional Convention before its adjournment and forego the honor of signing that instrument. As academician, legislator, lawyer and man he held a worthy place among the great men of his day. William Livingston William Livingston was born at Albany, New York, December 30, 1723, and died at Elizabethtown, New Jersey, July 25, 1790. He was a son of the first Philip Livingston, one of the noted and wealthy patroons of New York, and brother of Philip Livingston, the signer of the Declaration of Indepen- dence. His mother, Catherine Van Brugh, was of an old Dutch family of Albany. He graduated at the head of his class at Yale at the early age of eighteen, and soon became one of the most famous lawyers of New York. His first public service was as a mem- ber of the provincial congress of New York, being elected from his brother's "Manor of Livingston." Exhausted by the labors of an extensive practice, and hav- ing married Susanna French, daughter of one of the largest land owners of New Jersey, and himself bought an extensive estate near Elizabethtown, New Jersey, in 1760 he retired from professional life, removed to New Jersey and erected on the estate he purchased ''Liberty Hall," one of the famous colonial mansions, where Washington and many of the noted men of the time consulted with and were entertained by him. He was an especial object of British malevolence during the Revolutionary war, and many efforts were made to capture him, and destroy his palatial home. He was a delegate from New Jersey to the first, second and third Continental Congresses; was one of the committee that prepared the famous address to Great Britain in 1774, and on the leading committees in congress thereafter, but leaving to become a brigadier-general of the New Jersey THE FEAMEES OF THE CONSTITUTION 315 troops, missed affixing his signature to the Declaration of Independence. He was chosen one of the first trustees of King's College, but declined the position, because at that time the president of the College had to be a member of the Church of England. He published the first Digest of the Colonial Laws of New York, was one of the most prolific and influential writers of his day in prose and verse, and much given to theological discussions, especially in controversy with Episcopal theo- logians, he being reared in and an adherent of the Dutch Reformed Church. He liberated his own slaves, advocated the emancipation of all slaves in New Jersey, and secured the enactment of the law prohibiting the further importation of slaves into that state. He was one of the founders and original trustees of the New York Society Library. Said President Timothy Dwight, of Yale College; ''The talents of Governor Livingston were very various. His im- agination was brilliant, his wit sprightly and pungent, his understanding powerful, his taste refined, and his concep- tions bold and masterly. His views of political subjects were expansive, clear and just. Of freedom, both civil and religious he was a distinguished champion." His son, Brockholst Livingston, became one of New York's most famous lawyers, judge of the supreme court, and for sixteen years a justice of the Supreme Court of the United States, William Paterson William Paterson was born in 1745, according to some accounts at sea, to others in Ireland, and died at Albany, New York, September 9, 1806. His father was an Irishman, who located in New Jersey. He graduated at Princeton in 1763, and studied law under Richard Stockton, signer of the Declaration of Independence. His early success was marked, and he soon was called into 316 THE CONSTITUTION AND ITS FEAMEES public station. He was a member of the first Provincial congress of New Jersey, and its secretary. In 1775 he was elected to the Continental congress; the following year attor- ney-general and a member of the New Jersey legislative council; and in 1780 reelected to the Continental congress. In 1776, as a member of the New Jersey constitutional convention, he added preparatory experience for his great work in the national constitutional convention. In 1783 he resigned all public positions to devote his time to his extensive practice, his first public part thereafter being in the Annapolis convention. In 1789 he was sent to the United States senate ; was chairman of the committee to prepare the certificates of elec- tion of members of congress ; and as a member of the judiciary committee, next to Oliver Ellsworth, took the most active part in framing the judiciary act under which our federal courts were first organized. The next year he was elected governor of New Jersey, succeeding William Livingston, and resigned as United States senator. As governor he was ex-officio chancellor of the state. During his incumbency of these high offices, by authority and request of the legislature, he codified all the British statutes in force before the Revolution and by the state constitution kept in force in the state, as well as the statutes subsequently enacted by the legislature. This has been pronounced the most perfect work of its kind in the country. In 1793 "Washington appointed him a justice of the supreme court of the United States. This exalted office he held until his death. His eminent abilities as one of the leading men in the federal constitutional convention were recognized by his pre- senting, in behalf of the state's rights adherents the "New Jersey Plan," whereby it was proposed to preserve the state sovereignties, giving to the national government only power to provide for the common defence and general welfare. With those of similar faith, he strenuously contended that THE FRAMEES OF THE CONSTITUTION 317 the purpose of the convention was merely to revise and somewhat amplify the articles of confederation. He, also, was one of the ablest and most insistent of the delegates who contended for equality of representation by the states in the United States Senate. This settled down to be the vital point with the delegates from all of the smaller states, and when attained made of them and their states the strongest advocates for and supporters of ratifying the constitution and forming the Union thereunder. With the equality of the states in the senate he became content, agreed to the compromise of equality of representa- tion in the senate, as to population in the house, and joined with his colleagues in securing the early unanimous ratifica- tion of the constitution by New Jersey. His profound and brilliant learning, his unquestioned patriotism, and the fact that he represented most prominently the shade of political thought that he did, commended him to "Washington in the latter 's selection of him as an associate justice of the supreme court of the United States — that august tribunal that, as nearly as possible, ought always to evenly reflect the domi- '^^ j , jc. nant political sentiments of the country. This position he honored from 1793 to his death in 1806. Paterson, New Jersey, is that state's monument to his illustrious memory. Paterson's — "The New Jersey Plan." 1. Besolved, That the Articles of Confederation ought to be so revised, corrected and enlarged as to render the Federal Constitution adequate to the exigencies of government, and the preservation of the Union. 2. Besolved, That, in addition to the powers vested in the United States in Congress, by the present existing Articles of Confederation, they be authorized to pass acts for raising a revenue, by levying a duty or duties on all goods or merchandises of foreign growth or manufacture imported into any part of the United States; by stamps on paper, vellum or parchment; and by a postage on all letters or packages passing through the general postoffice ; to be applied to such Federal purposes as they shall deem proper and expedient; to make rules and regulations for the collection thereof; and the same, from time to time, to alter and amend in such manner as they shall think proper; to pass acts for the regulation 318 THE CONSTITUTION AND ITS FKAMEES of trade and commerce as well with foreign nations as with each other; provided that all punishments, fines, forfeitures and penalties, to be incurred for contravening such acts, rules and regulations, shall be adjudged by the common law Judiciaries of the State in which any offence contrary to the true intent and meaning of such acts, rules and regulations shall have been committed or perpetrated, with liberty of commencing in the first instance all suits and prosecutions for that purpose in the Superior common law Judiciary in such State; subject, nevertheless, for the correction of all errors, both in law and fact, in rendering judgment, to an appeal to the Judiciary of the United States, 3. Resolved, That whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the Articles of Confedera- tion, the United States in Congress be authorized to make such requisitions in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes; that, if such requisitions be not complied with, in the time specified therein, to direct the collection thereof in the non-complying States; and for that purpose to devise and pass acts directing and authorizing the same; provided, that none of the powers hereby vested in the United States in Congress shall be exercised without the consent of at least States; and in that proportion, if the number of confederated States should hereafter be increased or diminished. 4. Resolved, That the United States in Congress be authorized to elect a Federal Executive to consist of persons, to continue in office for the term of years; to receive punctually, at stated times, a fixed com- pensation for their services, in which no increase or diminution shall be made so as to affect the persons composing the Executive at the time of such increase or diminution; to be paid out of the Federal treasury; to be incapable of holding any other office or appointment during their time of service, and for years thereafter; to be ineligible a second time, and removable by Congress on application by a majority of the Executives of the several States: that the Executive, besides their general authority to execute the Federal acts, ought to appoint all Federal officers not other- wise provided for, and to direct all military operations; provided, that none of the persons composing the Federal Executive shall, on any occasion, take command of any troops, so as personally to conduct any military enterprise, as General, or in any other capacity. 5. Resolved, That a Federal Judiciary be established, to consist of a supreme tribunal, the Judges of which to be appointed by the Executive, and to hold their offices during good behavior; to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office THE FRAMEES OF THE CONSTITUTION 319 at the time of such increase or diminution. That the Judiciary so estab- lished shall have authority to hear and determine, in the first instance, on all impeachments of Federal officers; and by way of appeal, in the dernier ressort, in all eases touching the rights of ambassadors; in all cases of capture from an enemy; in all cases of piracies and felonies on the high seas ; in all cases in which foreigners may be interested ; in the construction of any treaty or treaties, or which may arise on any of the acts for the regulation of trade, or the collection of the Federal revenue; that none of the Judiciary shall, during the time they remain in office, be capable of receiving or holding any other office or appointment during their term of service, or for thereafter. 6. Eesolved, That all acts of the United States in Congress, made by virtue and in pursuance of the powers hereby, and by the Articles of Confederation vested in them, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States,, so far forth as those acts or treaties shall relate to the said States or their citizens; and that the Judiciary of the several States shall be bound hereby in their decisions, anything in the respective laws of the individual States to the contrary notwithstanding; and that if any State, or any body of men in any State, shall oppose or prevent the carrying into execution such acts or treaties, the Federal Executive shall be author- ized to call forth the power of the Confederated States, or so much thereof as may be necessary, to enforce and compel an obedience to such acts, or an observance of such treaties. 7. Eesolved, That provision be made for the admission of new States into the Union. 8. Eesolved, That the rule for naturalization ought to be the same in every State. 9. Eesolved, That a citizen of one State committing an offence in another State of the Union shall be deemed guilty of the same offence as if it had been committed by a citizen of the State in which the offence was committed. From Pennsylvania George Cljmier George Clymer's father emigrated from Bristol, England, to and married in Philadelphia, where this son was born January 24, 1739. Left an orphan at seven years of age, he was adopted by his uncle, William Coleman, a merchant of means and culture, who was noted for his scholarship, and especially his pro- ficiency in mathematics as well as business sagacity. This 320 THE CONSTITUTION AND ITS FRAMERS uncle gave him a liberal education, and left him a large estate in his business. Young Clymer was neither adapted, nor inclined to a mercantile, but, in the best sense of the term to a political career. A republican from principle, he was among the first to oppose the British pretentions, took an active part in the proceedings to resist them, and was chosen a member of the Council of Safety. "When the call to arms came he at once entered the service, was made a captain, but left the army when his countrymen demanded his service in another sphere. He was among the first to subscribe all of his specie to the continental fund, and was elected one of the first two conti- nental treasurers. He was not in congress when the vote for the Declaration of Independence was cast, but was one of the delegates elected by Pennsylvania July 20, 1776, to succeed the misguided members of that state's delegation who refused to sign it and abandon their positions. He thus became one of its immortal signers. He was one of the com- mittee of three to handle the funds and transact the business of the congress in Philadelphia, when on the approach of the British it adjourned to Baltimore; with Elbridge Gerry and Philip Livingston to visit the army under Washington and inquire into and provide for its commissary department; with Samuel "Washington and Gabriel Jones to treat with the Indians on the western frontier. While there it was planned to assassinate him. while en route to fill an appointment. Providentially he went by a different road from the one ex- pected to travel, and on which the assassin lay in wait, and thereby was saved. The luckless man who went the route he was expected to go was slain. He was one of the organizers of the bank succeeded by the Bank of North America, whose mission was to accumulate and provide funds for our armies. For this purpose he vis- ited Boston, and with Rutledge of South Carolina made a tour of the Southern States to procure their quota of men and supplies to carry on the war. In that congress he won the THE FEAMERS OF THE CONSTITUTION 321 reputation of being one of its ablest and most useful members. In 1780 he was reelected to and in 1782 retired from congress and removed to Princeton, New Jersey, to educate his children, thereby abandoning hope of future honors in the state he had represented with such distinguished ability. In 1784 the people of Pennsylvania, insisted upon his return and the acceptance of a seat in the legislature, to which he had been elected. In that body he was one of the leading advocates for the abolition of capital punishment, except for murder or treason. He was a humanitarian and believed in reforming the criminal. He was one of the most active framers of the Constitution, and supporters of its adoption by the State of Pennsylvania. He was elected to the first congress of the United States in 1789. In that congress he opposed the granting of titles to the President and other public officials, and believed in, as well as advocated the policy of the representative acting upon his own independent judgment, rather than the dictate of his constituents. He held that legislation was a matter of judgment, and that those who were serving in the legislature possessed better means of information and were more capable to exercise a correct judgment than those who were absent and distant from it. He also held that foreigners should be gradually admitted to the rights of citizens, that they should reside in the country for a certain length of time before being permitted to own property, vote, or hold office. He argued: "Aliens might, with no less advantage than native citi- zens, be vested with every right of property; but none of the political rights should be entrusted to them, until after a long probation; and this would not be in any way unjust; for a stranger comes into a new country to be relieved from the oppressions of the old, or to better his personal condition, and not to govern it. In the countries from which strangers gen- erally come to us, it is the part of the people to obey; — a simple lesson, easily learned : but in our country it is their part to govern, which requires a long preparation of habits and of 322 THE CONSTITUTION AND ITS FEAMEES knowledge; and it is a part which strangers are unfit to act. He conies either with a disposition already broken to some degree of slavery, or with a superstitious reverence for the despotism to which custom has reconciled him; and wishes to assimilate the powers of his new to his old government. Or, from a hatred of the old, from its oppressions which he has felt, he becomes, from a want of discriminating knowledge, an enemy to all governments whatsoever, and is, of course, the factious and turbulent partisan of anarchy and disorder." He favored the assumption of the state debts by the na- tional government and of reciprocity in comnjercial treaties with foreign nations. He served but one term in congress, declining a reelection. He was thereupon appointed by President Washington to the responsible and disagreeable post of collecting the internal revenue in the state of Pennsylvania. This was a most un- popular position and brought upon him the harshest criticism. For the severe strictures upon his conduct published by an editor, he visited the office of the latter and severely caned the offender. He also served in negotiating the treaty with the Indians in Georgia in 1796. He was elected the first president of the Philadelphia Bank and of the Academy of Fine Arts; and vice president of the Philadelphia Agricultural Society, which positions he held until his death. One of the most noted biographers of his time pays the following tribute to his character : "Firm, but not obstinate; independent, but not arrogant; communicative, but not obtrusive ; he was at once the amiable and instructive companion. Retired, studious, contemplative, he was ever adding something to his knowledge ; and endeavor- ing to make that knowledge useful. His predominant passion was to promote every scheme for the improvement of his coun- try, whether in science, agriculture, polite education, the useful or the fine arts. It was in the social circle of friendship that his acquirements were displayed and appreciated, and although CARPENTERS' HALL. PHILADELFHLA. Where the Continental Congress met, tlie Declaration of Independence was signed, and the Constitution framed. THE FEAMERS OF THE CONSTITUTION 323 their action was communicated from this circle to a wider sphere, it was with an enfeebled force. Diffident and retired, while capable of teaching, he seemed only anxious to learn. He sought in vain to conceal from the world the extraordinary- talents which he possessed, or to shrink from the honorable consideration in which they were held. He never solicited preferment, and would have remained in the private walks of life, had not a sense of duty, and the voice of his country, called him into public usefulness. He never sought popularity, and the large portion of it which he enjoyed, arose solely from a conviction on the part of the people, that he would diligently and faithfully discharge his duty. He possessed a mind perseveringly directed towards the promotion of useful objects ; — an uncommon zeal in the service of individuals and of public institutions, — a delicacy and dis- interestedness of which there are few examples; a profound love of rational liberty and hatred of tyranny; a happy serenity and cheerfulness of mind; a vigor and originality of thought; moderation of sentiment and purity of heart. The kindness and urbanity of his manners endeared him to all his associates, while the simplicity, which was a marked feature of his character, did not permit him to assume an offensive or unreasonable control over their opinions. His conversation was of the most instructive kind, and manifested an extensive knowledge of books and men. He possessed the rare quality of never traducing or speaking ill of the absent, or endeavor- ing to debase their characters. His benevolence of disposition and liberality of sentiment, were always conspicuous; and these ennobling sentiments were evidenced in a distinguished manner, by his having been the principal promoter of the amelioration of the state penal code. He was scrupulous and punctual in his attention to what may be termed the minor or secondary duties of life, or to those engagements which, being merely voluntary, are so often considered as of no moral or binding force. In the public bodies over which he presided, he knew that his presence and 324 THE CONSTITUTION AND ITS FRAMEES services were relied on for their operations and usefulness; he felt the responsibility of the stations, and that it was through his instrumentality alone that their proceedings could be properly conducted; and he never permitted any idle humor, or party of pleasure, to allure him from the post of duty. In all the engagements, however trivial of private life, he observed the same punctilious system. His pretensions to eloquence were limited, and he seldom appeared as a public speaker ; but when his diffidence was con- quered by feelings of duty, and he did speak, he was listened to with universal attention. He was a vigorous opposer of monopolies and visited them with the following denunciation : "Our feelings," he says, "are more strongly excited against a conquering, than a monopolizing nation. Conquest has to plead ambition or glory, with which the world has always been fascinated; but monopoly has not the excuse of any human passion except avarice, the most ignoble of all. The effects of the monopolizing, is also more felt than that of the conquering spirit. A country conquered becomes the care of the con- queror ; it is seldom more than a change of one bad government for another, in which the people neither lose nor gain. Monopoly makes no conquest, but acts upon a whole people, in repressing all private industry and enterprise. The one makes war upon a nation collectively; the other makes war upon the people individually." He enjoyed a personal intimacy with "Washington accorded to but few. This, in^ addition to his own merits, was aided by his marriage to Miss Elizabeth Meredith, daughter of Reese Meredith, one of Philadelphia's most prominent merchants. One evening at a coffee house, Mr. Meredith saw and was much impressed with that indescribable something about an unnoticed and strange young man that in after years so im- pressed all who met him. He introduced himself to and was so pleased with the young stranger that he invited him to his house, and insisted upon his remaining there during his visit. THE FEAMEES OF THE CONSTITUTION 325 That young man was George Washington. From that time, whenever he visited Philadelphia, he made Mr. Meredith's house his home, cherished for its owner the most cordial life- long regard, and for his family the kindliest of friendly senti- ment. No man led a more thoroughly consistent Christian life or one of purer morality. He was a man of great erudition and the author of many political, literary and scientific essays, which are preserved in the archives of the institutions he honored and helped found. His descendants have been prominent in the political and com- mercial life of Pennsylvania. After one of the busiest and most useful lives of his day he died at Morrisville, Pennsylvania, on January 23, 1813. Thomas Fitzsimmons Thomas Fitzsimmons was born in Ireland in 1741, and died at Philadelphia, August 26, 1811. The oppressions practiced upon the Irish drove him to America about the year 1765. He went into mercantile busi- ness in Philadelphia; married the daughter of Robert Meade, great-grandfather of Gen. George G. Meade, the commander at the battle of Gettysburg; formed a partnership with his brother-in-law, and aided in building up the firm of George Meade & Co., one of the wealthiest and most substantial houses known among Philadelphia merchants and ship-owners. He took an active part in the Revolution, raised and com- manded a company that took part in the battles of Trenton and Princeton, and was an honored member of the Pennsyl- vania state council and navy board. In 1780 his house subscribed $25,000.00 to supply the neces- sities of the army — a munificent sum for that day of stress and hardship and humble circumstances. In 1782 he entered the Continental Congress, and took a leading part in its discussions of financial questions. After the 326 THE CONSTITUTION AND ITS FEAMEES close of the war he was an influential member of the Pennsyl- vania legislature. In the convention he opposed universal suffrage, and con- tended that the right to" vote should be confined to free- holders. He also argued that the lower house of congress should act with the President and Senate in making treaties with foreign nations. From 1789 to 1795 he was a member of the lower house of the United States Congress, and was one of the early and strong advocates of a protective tariff. His practical and experienced business ability made him a valuable member of the convention. Giving to congress the power to tax imports and exports was due as much to the efforts of this merchant as to the orators and statesmen of that body. He was a trustee of the University of Pennsylvania, a founder and director of the Bank of North America, of Phila- delphia, and president of the Philadelphia Chamber of Com- merce. Benjamin Franklin The family of Benjamin Franklin lived in Northampton County, England, for more than three centuries prior to his father coming to Massachusetts in 1682. It was a family marked by industry, honesty and mechanical ingenuity. His father was a Puritan and in an humble way a maker of soap and candles. His mother, a daughter of Peter Folger, the Quaker poet of Nantucket, was a native of Boston and de- scended from one of the principal settlers of New England. He was born in Boston, January 17, 1706, the fifteenth in a family of seventeen children. His precociousness as a child induced his parents to start his education for the ministry, but their poverty compelled them to abandon that pious desire. By his eighth year he became noted for his advancement in his studies. Soon thereafter his father's necessities stopped him from school and put him at work making candles and THE FEAMEKS OF THE CONSTITUTION 327 soap. At an ear.ly age he became a constant reader. "Plu- tarch's Lives," "The Spectator," "Locke and Xenophon" were his favorite authors. The life of Socrates was to him an especial charm, and to his study of it is probably due his own philosophy in after life. He finally became apprenticed as a printer to his brother, who grew very jealous of him and treated him with unusual brutality. His brother's newspaper was the only one of its kind in New England, and the second established in America, Young Franklin's contributions to it attracted favorable com- ment in Boston, but provoked from his brother outbursts of rage that ended in the frequent thrashing of the younger brother. He left for New York, and failing to procure work there went on to Philadelphia. There he landed with a single dollar and, it is said, walked down the street with a roll of bread under his arm and his pockets stuffed with what little wearing apparel he had. His uncouth appearance excited the humor of those who saw him, among whom was his future wife, who said he made a very awkward and ridiculous figure. He obtained work as a printer, and soon his talents attracted the notice of the governor. Sir Wm. Keith, who induced him to go to London to arrange with booksellers for his writings and procure material for a printing office. On his arrival in London he found that the generous governor was unknown, and that his recommendations were more of a burden than benefit. The governor was somewhat of a dreamer and laid too much stress upon his position. Finding himself stranded he sought employment in a Lon- don printing house and soon won the favor of his employer. He returned to Philadelphia in 1726. Composition was a passion with him all his life. The rules of conduct which he wrote for himself at this early age might well be kept by any young man of today. **I resolve to be extremely frugal. **To speak the truth in every instance, and give no one 328 THE CONSTITUTION AND ITS FEAMERS expectations which are not likely to be answered, but aim at sincerity in every word and action. ' ' To apply myself industriously in whatever business I take in hand, and not divert my mind by any foolish project of growing suddenly rich; for industry and patience are the surest means of plenty. "I resolve to speak ill of no man whatever, not even in a matter of truth ; but rather by some means excuse the faults I would charge upon others, and upon proper occasions speak all the good I know of everybody." By industry and frugality, after many vicissitudes, he at -last secured an office of his own, and by setting his own type, wheeling his own paper and material through the streets, doing the work of printer, porter and author, established a business growing in profit and reputation. In 1730 he married a lady whom he had courted as a Miss Read, who had married in his absence, and whom he now mar- ried as a widow. He organized, probably, the first club in America, called "The Junto," in which were discussed scientific, moral and political subjects, and which after thirty years' existence was succeeded by the Philosophical Society of Philadelphia. He procured a collection of books for the use of "The Junto," and thereby started the establishment of the Philadel- phia Library, the first public library in America. His efforts were always toward the intellectual and moral elevation of his fellows. He urged that the coin instead of having on it the image of a king, should have some pious or prudential maxim for the good it might do. At the age of twenty-seven he took up the study of the languages, mastered French, Spanish and Italian, and became proficient in Latin. In 1732 he commenced the publication of "Poor Richard's Almanac," which during its twenty-five years' publication be- came one of the most famous of American productions. In 1757 a summary of this almanac was published which THE FRAMEES OF THE CONSTITUTION 329 was translated into foreign languages and republished through- out Europe. He endeavored to found a party or sect with the following creed : "I believe that there is but one God who made all things. That he governs the world by his providence. That he ought to be worshipped by adoration, prayer and thanksgiving. That the most acceptable service to God is doing good to man. That the soul is immortal, and that God will certainly reward virtue and punish vice, either here or hereafter," In 1736 he was chosen clerk of the general assembly, and in 1737 became postmaster of Philadelphia. He organized fire companies, reformed the police of the city, procured the paving and lighting of the streets, and was the founder of the college which became the University of Pennsylvania. He also obtained from the legislature a grant for the establishment and endowment of the Pennsylvania Hospital, and might well be said to have become the second founder of Philadelphia. He procured the organization of the State Military by which ten thousand men were soon trained for duty against the Indians, and unthought of preparation begun for the unfore- seen war for independence. He was offered high rank in one of the regiments, but de- clined in favor of one he deemed more competent for it. While his wide and varied reading made him walk hand in hand with the great thinkers of past ages, he lived in and labored for the present and future, and was above all things practical. He published a treatise on building chimneys ; in- vented a stove; and in every phase of private and public. life became so conspicuously useful that every movement sought his approval. In 1747 his attention was directed to electricity. He was the first man to give magnetism to needles of steel, melt metals, and kill animals by electricity. His picture showing him draw- ing the lightning from the clouds by means of a kite is and should be familiar to the school children of his country. .<^ 330 THE CONSTITUTION AND ITS FEAMEES This attracted world wide interest. Yale and Harvard conferred on him the degree of M. A. The celebrated Buffon made his discovery public on the continent. But the scientists of England and France by sneer, and charge that other scientists had preceded him, taught the old, old lesson that "he who surpasses or subdues mankind must look down on the hate of those below." The air, the ocean currents, the relative power of metals as conductors of heat ; the colors of the sun 's rays ; music and musical instruments ; and scores of matters of common interest claimed his efforts. He concluded a treaty with the Indians at Carlisle, and in 1754 proposed the plan of the union of the colonies heretofore referred to. In his newspaper, ''The Pennsylvania Gazette," then ap- peared the first illustration in our newspaper history, a rude wood cut of a snake severed in parts, labeled with the colonies and the motto, "Unite or Die." He was made deputy postmaster-general by the British government, and made that public service, prior to that time unproductive, a profitable one. In 1757 he was sent to London as agent of the colony in their contest with the proprietors of Pennsylvania, and con- ducted the negotiations so well that he was entrusted with the agencies of Massachusetts, Georgia and Maryland. While there he was elected a member of the Royal Society, was admitted to the highest degrees in some of the Scotch and English universities, and formed friendships with men of learning that lasted throughout his life. His imparted knowledge of the country of which the English seemed to be so illy informed, and his portrayal of its importance were doubtless the primal causes of England's conquest of Canada and present possession of the vast area north of us. In 1762, having achieved the most wide-spread fame and distinction in Great Britain, he returned to Pennsylvania, whose assembly voted him its thanks and five thousand pounds THE FEAMEES OF THE CONSTITUTION 331 for his services. To that assembly his election had been con- tinued during his absence, and in it he resumed his seat. In 1763 he made a tour of the northern colonies to regulate the postal system. In 1764 he again returned to England in behalf of the colonists, traveled and made friends of the illustrious in Hol- land, Germany and France, and was elected a member of the Academy of Sciences in Paris. The excitement in the colonies and parliament had grown in intensity, and in 1766 Franklin was summoned to attend the House of Commons for public interrogation on the vital questions between the colonies and mother country, and an- swered with such force and skill that the questions and an- swers were published and circulated all over Great Britain and America to his increasing fame with both. He earnestly sought to stem the rising tide of ill-feeling between the two countries, and in 1769 boldly predicted in his letter to a member of the British government that unless their oppressions ceased complete separation would come. He made many malignant enemies among the supporters of British methods, and in a discussion of American affairs before the privy council, was denounced by Mr. Wedderbourne, afterward Lord Loughborough and Lord High Chancellor, in the coarsest manner as a coward, murderer and thief. His dignity was unruffled, and his bearing as a gentleman in such contrast with this unseemly outburst before such a body, that this violence reacted to his advantage with the public there and here. Despite this, official animosity caused his removal as deputy postmaster-general, an office that had become lucrative to him. Said Mr. Berkley, in portraying to him British power on land and sea, "They will ravage your v^^hole country, and lay your seaport towns in ashes." With the heroic spirit of our fathers-, Franklin replied: "The chief part of my little property consists of houses, in those towns. Of these, indeed, you may make bonfires and 332 THE CONSTITUTION AND ITS FEAMEES reduce them to ashes ; but the fear of losing them will never alter my resolution to resist to the last the claims of parlia- ment." "When Lord Chatham, in 1775, introduced into the House of Lords his plan of conciliation, he frequently sought Franklin for information, saying, "I pay you these visits that I may rectify my judgment by yours, as men do their watches by a regulator." On visiting the House of Lords, Chatham walked arm in arm with Franklin, which much inflamed the ministerial party against the latter. In replying to Chatham's famous motion, Lord Sandwich denounced it as disgraceful to Chatham's name; that he did not believe it the product of a British peer, but, turning to Franklin, said: "I fancy I have in my eye the person who drew it up ; one of the bitterest and most mischievous enemies this country has ever known." Franklin stood as unmoved as if he had never heard him, and said he passed this insult as unnoticed as if his counte- nance had been of wood. Chatham replied to Sandwich that, "Were he prime min- ister he would not be ashamed to call publicly to his assistance a person so eminently acquainted with American affairs, and so ungenerously reflected upon as the gentleman alluded to; one whom all Europe holds in highest estimation for his knowledge and wisdom ; whom she ranks with her Boyles and her Newtons ; who is an honor, not to the English nation only, but to human nature." To be charged with a scheme of conciliation so sagacious, with the composition of a measure prepared by so illustrious a statesman as Chatham, and to be so highly complimented by that great character, himself, was indeed an honor that Franklin and his country may cherish with lasting and lauda- ble pride. Franklin's apparently impassive nature and cold reserve in public demeanor gave him, with some, the reputation of THE FKAMERS OF THE CONSTITUTION 333 being callous and unfeeling. Yet Dr. Priestly wrote that Franklin so deeply felt the bloody consequences sure to follow a rupture between the mother country and her colonies, that as he was reading extracts from American papers to publish in England the tears flooded his cheeks, and he was so overcome that he was unable to proceed. Learning that official rancor was about to cause his arrest and imprisonment, Franklin left London, and returned to Philadelphia in 1775. Soon after his return to America he wrote this quaint and characteristic letter to Mr. Strahan of London, who had been the medium of communication between him and Lord North : "You are a member of parliament, and one of that majority which has doomed my country to destruction. You have begun to burn our towns and murder our people. Look upon your hands ; they are stained with the blood of your relations ! You and I were long friends ; you are now my enemy, and I am. Yours, B. FRANKLIN. He was at once sent to the Continental Congress by Penn- sylvania ; by that body sent to Canada to induce that province to join with the colonies in the struggle for independence ; and afterwards put in charge of the postoffice department, — our first postmaster-general. He was the oldest of the signers of the Constitution, as he had been of the signers of the Declaration of Independence. In 1776 his great labors were added to by his selection as president of the convention to prepare a constitution for the state of Pennsylvania. When the congress decided to seek foreign aid of the colonies in their war for independence, all eyes turned to Franklin, and in October, 1776, for the third time he set sail for Europe. What a contrast the world-famous scientist, diplomat and statesman, the sole representative of his nation to the Old World presented to the poor printer boy that made his first 334 THE CONSTITUTION AND ITS FEAMEES voyage across the same ocean in search of a means of liveli- hood! Before leaving, he placed all his savings in money, some four thousand pounds, with the congress to aid, and stimulate others to similarly aid his needy country. This mark of confi- dence bore its worthy fruit in kindred patriotic effort. The most cordial welcome greeted him in France and Hol- land, where his skillful services in, not only enlisting moral support, but money and supplies, were most successful. He was too modest to ascribe the result to his own herculean efforts and personal popularity, but history recognizes that these did much to enable him to write home, "All Europe is on our side of the question, as far as ap- plause and good wishes can carry them. It is a common obser- vation here, that our cause is the cause of all mankind, and that we are fighting for their liberty in defending our own. It is a glorious task assigned by Providence, which has, I trust, given us spirit and virtue equal to it, and will at last crown it with success." The accomplishments born of the midnight studies of the poor boy were reaping a rich reward for his country — more, for all mankind. Here he was being crowned, not only with the personal homage and confidence of the highest station and greatest wealth, but securing the all important succor of which his country stood in such imminent need. What an instructive lesson to American youth ! It was largely through his persuasive diplomacy that our treaty of alliance with France was concluded in 1778. This but added to his incessant labors in procuring funds, stores, and supplies for our armies, and shipping them to us. As an American representative, or ambassador, he main- tained the dignity of his station, and brooked no slight through him to his country. His ready wit when the Russian ambassa- dor left his card and expressed apprehension at the civility of a return diplomatic call is shown in the calm, but shrewd THE FEAMEES OF THE CONSTITUTION 335 reply: "Prince Bariatinski has but to erase my name from his books of visits received, and I will burn his card. ' ' Count Bernstorf, replying for the Court of Denmark to Franklin's memorial respecting American prizes delivered up to Great Britain wrote: "Were you a person less known and respected, I should have been quite at a loss on the subject of your letter. I should have considered it as a measure calcu- lated to place us under a new embarrassment as painful as the first ; but there is no risk with such a sage as you are, sir, generally revered by the universe you have enlightened and known for that prevailing love of truth, which characterizes the well informed man and true philosopher. These are the titles which will transmit your name to the latest posterity, and in which I am particularly interested in relation to this unfortunate affair." Many adroit efforts were made to make him thv. victim of diplomatic intrigue, and induce through him a return of colonial allegiance. All met with signal failure. He was too cunning to be trapped. Sir William Jones, writing to the ministry of his fruitless efforts in that direction, said: "The sturdy, transatlantic yeomanry were neither to be dragooned nor bamboozled out of their liberty." When warned that threats of assassination Avere being made, he replied, "Perhaps the best use such an old fellow can be put to, is to make a martyr of him." In connection with John Adams, John Jay and Henry Laurens, he joined in the successful task of negotiating the treaty of peace with Great Britain and making the Declara- tion of Independence an accomplished f^-ct. Upon the consummation of the treaty he said, what may well be taken as a perpetual message to his country, "Had it not been for the justice of our cause, and the consequent inter- position of Providence, in which we had faith, we must have been ruined. If I had ever before been an atheist, I should now have been convinced of the being and government of a 336 THE CONSTITUTION AND ITS FRAMEES deity. It is He that abases the proud and elevates the humble. May we never forget His goodness to us, and may our future conduct manifest our gratitude." He now asked congress for relief from his station and leave to return to his country, but not until 1785, when Thomas Jefferson succeeded him, was this boon granted him. Mean- time, he negotiated treaties with the kings of Sweden and Prussia. An article of the latter exempted the persons and property of non-combatants from the injuries of war, a humane clause he vainly endeavored to include in the British treaty. He was one of the first statesmen who endeavored to effect treaties that would prevent all wars, and uttered one epigram worthy perpetual memory: "There never was a good war, nor a bad peace." His popularity extended to all classes in France. Jefferson said: ''More respect and veneration is attached to the char- acter of Dr. Franklin, in France, than to that of any person in the same country, foreigner or native." He was a frequent visitor to the Academy of Sciences, and always received with most distinguished consideration. Just before leaving that country Voltaire returned and met him as a long absent friend. Some one said of their meeting: "It is Solon in the arms of Sophocles." Voltaire, placing his hand on the head of Franklin's grand- son, said: "God and liberty; this is the only device that be- comes the grandson of the great Franklin." To counteract the evil impressions given currency concern- ing the Americans and their governments by monarchical rep- resentatives, he had published in French an edition of the American Constitution, which he caused to be circulated throughout Europe. His plain and simple dress was maintained throughout his ten years' residence in France, yet no gorgeously garbed rep- resentative of any monarch received such homage at court as he. All of his life he contended for small salaries and sim- THE FEAMEES OF THE CONSTITUTION 337 plicity in the life of the representatives of a free republic; to make them positions of honor, not of profit. His welcome home was universal and most enthusiastic. The members of congress, of the university, the city authorities and a vast crowd of people met him, while bonfires, salutes of artillery and the ringing of bells gave vent to the public joy. Washington and other leading men who could not attend sent their greetings in letters of cordial welcome. Though he was sorely afflicted, Pennsylvania claimed his services and elected him president of the state, a position he held for three years. During this time his state called upon him for the last great service he rendered that state and his country, to serve as one of its delegates to the convention called to frame a constitution for the United States, At this time, next to Washington, Franklin was the most revered man in America, and but for his age would probably have been chosen president of that convention. A third of a century before in the prime of his manly and mental vigor, he had submitted the national plan for the union of the colonies previously mentioned, and was now crowning the glories of his declining years by his all-powerful aid in securing a united country. His long, repeated and valuable services to his state and country, both at home and abroad, his genial wit, his instructive satire, his common-sense proverbs in "Poor Richard's Almanac," had made him as universally known as he was universally honored. Added to this was the due venera- tion accorded his age — he was the oldest member of the con- vention, as he was the oldest member of the Continental Con- gress who signed the Declaration of Independence. Too feeble to take his former active part in the animated discussions of the convention, he was constantly surrounded by its members who sought his wisdom and followed his lead. Ever ready with practical suggestions that appealed to the calm considera- tion of all, he was the balance-wheel in many of the troublous struggles of the convention. > 338 THE CONSTITUTION AND ITS FEAMEES Near the close of the convention it began to look as if the efforts of the able patriots composing it would end in vain. Even Washington, whose stout heart never quailed before, whom doubt never discouraged in the trying hours of the Revolution, whose sublime faith in success cheered every comrade when others were sunk in the depths of despair, — Washington wrote to a friend: "I almost despair of seeing a favorable issue to the proceedings of the convention, and I do, therefore, regret that I have had any agency in the busi- ness." At this critical hour, Franklin arose, calmed the contentious convention and commended his memory to the Christian senti- ment of all time in the following address: ''In the beginning of the contest with Great Britain, when we were sensible of danger, we had daily prayer in this room for the Divine protection. Our prayers, sir, were heard and they were graciously answered. All of us who were engaged in the struggle, must have observed frequent instances of a superintending Providence in our favor. To that kind Provi- dence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity, and have we now forgotten that powerful Friend? Or do we imagine that we no longer need His assistance? I have lived, sir, a long time, and the longer I live, the more convincing proofs I see of this truth, that God governs in the affairs of men. And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid? We have been assured, sir, in the sacred writings, that except the Lord built the house, they labor in vain that build it. I firmly believe this, and I also believe that without His con- curring aid, we shall succeed in this political building no better than the builders of Babel. We shall be divided in our little, partial, local interests, our projects will be confounded, and we ourselves shall become a by-word down to future ages. And what is worse, mankind may hereafter, from this un- fortunate instance, despair of establishing governments by THE FRAMEES OF THE CONSTITUTION 339 human wisdom, and leave it to chance, war, and conquest. I, therefore, beg leave to move that henceforth prayers imploring the assistance of heaven and its blessing on our deliberations, be held in this assembly every morning before we proceed to business, and that one or more of the clergy o* this city be requested to officiate in that service." After his service in the Constitutional Convention, the various societies of which he was president, the Philosophical Society ; for Political Inquiries ; for Alleviating the Miseries of Public Prisons; and for Promoting the Abolition of Slavery, met at his house to reap the fruits of his counsel and wisdom. To the very last his unimpaired mental faculties made him an oracle whose counsel the wisest sjought. Upon his death April 17, 1780, congress ordered a general mourning of a month throughout America. In France the national assembly decreed that all members should wear mourn- ing for three days in his memory. No such honors as France paid him were ever accorded by a nation to a foreign citizen. He was unsurpassed in conversation, witty, wise and a fountain of information on everj subject. He was above middle size, of athletic frame, until the feeble- ness of age fell upon him of robust health ; possessed of head, face and bearing that marked a royal manhood, and made him a conspicuous character in any assemblage. Free from the weakness of vanity and false pride, he never obtruded, yet never shrunk from reference to his humble em- ployments in early life, or lost his interest in the poor. Kings, orators, statesmen, philosophers and men of world-wide fame crowned him with their admiring regard, but no adulation ever turned his head. No more remarkable man, or useful life was ever known in any age or by any people. No wasted hour marred its con- stant activity. His career more romantic than romance, stranger than fiction is an inspiration to every boy who grapples with poverty in this land of opportunity. 340 THE CONSTITUTION AND ITS FEAMERS His combination of virtues, patience, self-control, truthful- ness, candor, constancy in friendship, fidelity to obligation, Christian humility and ceaseless search for knowledge made his long and laborious life. a beacon light to youth and age. For all time he stands a monument to achievement ; to men who do things ; an eternal exem^^ar that no life is too humble to dare ambitious effort; no age too great for useful service; that any honest weapon with which one can conquer adversity and carve out a worthy destiny is noble in the hands of the brave and courageous. The lesson of that life, great to sublimity, is, what can one do, not for self, but for one's country, one's fellows — for mankind ? Jared IngersoU Jared Ingersoll was born at New Haven, Connecticut, in 1750, and died at Philadelphia, Pennsylvania, October 81, 1822. He graduated at Yale in 1776, and having spent five years in law study at the Middle Temple, London, England, returned to Philadelphia and began the practice of his profession. He was a member of the Continental Congress in 1780-81; was the first attorney- general of Pennsylvania and reelected for a second term ; declined the appointment of chief justice of the Supreme Court of the United States ; in 1812 was a candi- date for Vice-President; and at the time of his death was presiding judge of the District Court of Philadelphia. Said the eminent Horace Binney: "In his full vigor, which continued for nearly twenty years after the year 1797, I regard him as having been, without comparison, the most efficient manager of an important jury trial among all of the able men who were then of the Philadelphia bar." Jared Ingersoll, Sr., his father, was Connecticut's agent in England, where he ably and persistently opposed the passage of the Stamp Act. When it became a law he was delegated to serve as stampniaster. On his return to America, as he rode on horseback from New Haven to Hartford, five horsemen met THE FRAMEES OF THE CONSTITUTION 341 and wheeled about as his escort. A few minutes later thirty horsemen did likewise. All rode in silence. Soon they met five hundred men armed with great white clubs and led by an officer in uniform. They opened from right to left and re- ceived Ingersoll in the center with profound courtesy. To martial music they marched on to Wethersfield. There he was ordered to resign. He said he ''must wait to learn the sense of the government." "Here is the sense of the government," they replied. "If I refuse to resign what will follow?" he asked. "Your fate," said the officer. He answered that the cause was not worth dying for, and signed the resignation prepared for him. He was required to shout "Liberty and Property" three times, and then escorted to Hartford. He rode a white horse, and someone asked him what he was think- ing about. He replied, "Death on a pale horse and hell fol- lowing." In 1770 he was appointed English admiralty judge and removed to Philadelphia, thus giving his gifted son to the galaxy of the great that illumine the history of that historic state, Thomas Mifflin Thomas Mifflin was born at Philadelphia in 1744, and died at Lancaster, Pennsylvania, January 21, 1800. His ancestors were among the most respected of the Quakers, and his father a man of large means. He distin- guished himself for classical scholarship at the College of Philadelphia, where he graduated in 1760, then entering a business career in the house of William Coleman at Philadel- phia. In 1765 he made an extended tour of Europe, and re- turned to resume commercial life in his native city. He was an orator of superior excellence. In 1772 he was chosen as one of the two representatives of Philadelphia in the state assembly, and in 1774 was one of the delegates to the Continental Congress. When the battle of Lexington was reported his patriotic zeal overcame his Quaker rearing, he enthusiastically advocated 343 THE CONSTITUTION AND ITS FRAMEKS the appeal to arms, undertook the raising of troops, and was dismissed from the Quaker Society on that account. In his first patriotic address he said: ''Let us not be bold in declarations and afterward cold in action. Let not the patriotic feelings of to-day be forgot to-morrow, nor let it be said of Philadelphia that she passed noble resolutions, slept upon them, and afterward neglected them." And his actions equaled his words. He at once entered the army, was commissioned a major, went on to Boston where he distinguished himself by his her9ic action in battle, and was made chief aide-de-camp of Washington. His business ability was early recognized by his being made quartermaster- general by congress, on the recommendation of Washington, in which position he placed that department on an orderly and business basis. He was then commissioned brigadier-general and placed in command of the Pennsylvania troops in the New York campaign. In recognition of his ability as an orator, congress sent him throughout Pennsylvania to arouse patriotic sentiment and induce enlistment in the army, and well did he fulfill the com- mission. His rare executive ability forced his recall to the less conspicuous, but more arduous post of quartermaster-general, and there he was kept during the remainder of his military career, deprived of the opportunity to take part in any of the battles, except at Princeton in 1777, shortly after which congress made him a major general. His unfortunate connection with the "Conway Cabal" in its efforts to supplant Washington by Gen. Gates, as com- mander-in-chief, caused his own removal as quartermaster- general, and discharge from the board of war in 1778. By 1783, he had so outlived the public censure for this that he was elected to the Continental Congress, and by that body its president. It thus fell to his lot to receive, on behalf of congress, the resignation of Gen. Washington from the army. His eloquent and eulogistic address to Washington on that THE FKAMEES OF THE CONSTITUTION 3,13 occasion was some atonement for his previous antagonism, and proof sufficient of his own condemnation of his own former misjudgment. Life holds no more difficult, or manlier part than the public acknowledgment of having done a wrong. The battlefield knows no loftier courage than that of the moral hero who rights his own injustice. In 1785 he entered the Pennsylvania legislature, and was at once chosen speaker; in 1788 became president of the state's Supreme Executive Council and a member of the Pennsylvania Constitutional Convention. As first governor of the state under that constitution, he succeeded Benjamin Franklin as its chief executive, and by successive reelections held that high office the last limit allowed by law until succeeded by Thomas McKean in 1799. In 1794 he commanded the Pennsylvania militia under Gen. Henry Lee of Virginia in suppressing the "Whiskey Rebel- lion" in western Pennsylvania. With the close of his long service as governor in 1799 he was denied by a devoted constituency the recuperative rest so urgently needed, and chosen to the state assembly. In less than a year he was numbered with the state's immortals. He was a man of pronounced military bearing, and im- pressive appearance, quick of movement, impetuous, but in- flexibly honest, and ever ready to rise to the height of noble and just action in correcting his own errors, when shown to be such, as he proved in his course toward Washington. Gouverneur Morris Gouverneur Morris was born at Morrisania, New York, January 31, 1752, and died in the room where he was born November 6, 1816. His ancestry, on his father's side, is given in the sketch of his half-brother, Lewis Morris, signer of the Declaration of Independence. His mother was of the Huguenot family of Gouverneurs 344 THE CONSTITUTION AND ITS PKAMEES that came to New York after the revocation of the edict of Nantes, and were among the prominent pioneers that made its worthy history. He graduated at King's (Columbia) College in 1768. As a student he was specially devoted to logic and oratory, to the classics, and above all to a constant study of Shakspeare. "While in college he contributed to the press a series of essays opposing the payment of the debt of New York incurred in the French and Indian wars by interest-bearing bonds, which did as much as the efforts of any legislator to settle the mat- ter, and established his reputation as an able, elegant and forceful writer. His precociousness was second only, if that, to that of Alexander Hamilton. In 1771 he began the practice of law, and was but entering upon a successful career as a lawyer when the beginning of the Eevolution called him to public life. He was averse to separation from Great Britain, saying: ''I see, and see it with fear and trembling, if the dispute with Britain continues, we shall be under the worst of all possible dominions ; the dominion of a riotous mob. It is to the interest of all men, therefore, to seek for reunion with the parent state." It can not be overlooked that many of the great founders of our free republic had a wholesome fear of an unrestrained democracy; that they desired stability of government and the orderly procedure of public affairs; that they did not believe in unlicensed liberty, but in liberty under wise and wisely enforced laws, where vested rights as well as freedom of opinion had equal regard. This is shown by their many public utterances during that eventful period, and their earnest efforts, as on the part of Morris, in the Constitutional Convention, to establish a stable government by offices of long tenure, and restricting the right to vote to those who owned property and paid taxes to sup- port the government they formed. In 1775 he was a delegate to the first Provincial Congress of New York, and took high rank for financial ability, suggest- THE FEAMEES OF THE CONSTITUTION 345 ing, in a speech that attracted widespread attention, that the Continental Congress, not the states, should issue the currency of the country. The course he advocated was adopted by that congress. In 1776 he served on the committee that drafted the New York constitution, and did heroic service in securing com- plete religious liberty. The anti-Catholic element in the convention was very strong, and led by able men, and his tact and ability were taxed to the utmost to secure this just and coveted object. His splendid record in that convention placed him on the committee with the two foremost men of the state — John Jay and Robert R. Livingston — to organize the state, establish its courts, provide committees of safety and for the duties of legislation. From that time his reputation as an adept in constructive statesmanship was among the most noted in the country. In 1777 he took the seat in the Continental Congress va- cated by his half-brother, Lewis, and held it until the latter part of 1779. In that congress he not only achieved national distinction as an orator, as a committee worker of tireless industry and accomplished ability, as a master mind in phrasing legislation so as to express its purpose in clear, forceful and elegant lan- guage, but rendered most efficient aid to the army that cap- tured Burgoyne ; was one of the committee that visited Wash- ington at Valley Forge ; was a most earnest advocate of in- creased pay to officers and men ; and a most devoted admirer, and dauntless supporter of Washington when so bitterly assailed by the ''Conway Cabal." In 1799 he was chairman of the committee of five to con- sider the reports from the American commissioners in Europe, and draft instructions to our ministers there, and it was the report and draft of this committee that subsequently con- stituted the basis of the treaty of peace with Great Britain. Despite his brilliant career and preeminent services in the 346 THE CONSTITUTION AND ITS FEAMEES Continental Congress, he was defeated for reelection in 1779, His oldest brother, Staats Long Morris, had taken sides with Great Britain, entered the British army, in which he after- wards rose to the rank of major-general. He also married the Duchess of Gordon, and passed the rest of his life in England, Such division of allegiance marked many American families. The only son of Benjamin Franklin was a prominent Tory, and so was the father of Edmund Kandolph. This, and his proposed visit to his sick mother, who lived within the British lines, provoked a storm of criticism and question of his own loyalty to the American cause. In addition, his course in congress had been directed more to national thaii New York state affairs, and alienated the support of those who held their state's above the united in- terests of the country as a whole. His position whereby Ver- mont was separated from New York and became an independ- ent state antagonized many in his native state. He thereupon took up his residence, and resumed the practice of his profes- sion in Philadelphia. When Robert Morris was made sole manager of American finances in 1781, he chose Gouverneur Morris as his first assist- ant. They were in no way related, but their intimacy in this service made them life-long friends, and for some time in the days of peace thereafter business associates. This appointment, and his failure of reelection to congress by New York, was how he came to be a resident of Philadel- phia, and subsequently sent as a delegate by Pennsylvania to the Constitutional Convention. In 1780 he was thrown from his carriage, and his leg so shattered it had to be amputated. Thereafter he wore a very plain wooden leg. He was one of the quickest-witted men our country ever knew. It is said that while in Paris as our minister during the French Revolution his carriage was beset by a mob crying out, "Aristocrat! Aristocrat!" Of French descent, and speaking their language like a native, he turned the jeers of the mob into cheers when he thrust his wooden THE FKAMEES OF THE CONSTITUTION 347 leg out of his carriage window and in their own tongue shouted: "An aristocrat! Yes, one who lost his leg in the cause of American liberty." This may not have been in strict accord with the facts, or warranted by a political, akin to the poetic license, but it was a practical piece of "Yankee" diplomacy that served the pur- pose, and turned what might have been personal injury and national affront into good-humored applause and safety. In the great convention he advocated making the presi- dential office one for life, as well as life tenures for senators and a freehold qualification for voters. His views did not meet with favor, but free from unreasonable stubbornness, he joined in the compromises that crowned the work with success, ren- dered most efficient service in the work of the leading com- mittees and in the many debates, and won from Madison the high tributes : "To the brilliancy of his genius he added, what is too rare, a candid surrender of his opinions when the light of discussion satisfied him that they had been too hastily formed, and a readiness to aid in making the best of measures in which he had been overruled." "The finish given to the style and arrangement of the Constitution fairly belongs to Gouverneur Morris." In 1788 he sailed for Europe on private business, and traveled extensively abroad, as he ironically said, "to rub off in the gay circles of foreign life a few of those many barbar- isms that characterize a provincial education." In 1791 Washington honored him with the appointment of confidential agent to treat with the British government upon some unperformed conditions of the treaty of peace; and in 1792 he was appointed United States minister to France. This station was then most delicate and trying. Our rela- tions with France were daily growing more and more strained. He maintained the strictest neutrality in expression and demeanor as between France and England, and thereby greatly incensed the French authorities — the Robespierre administra- tion — and when that government wrote the recall of Genet as 348 THE CONSTITUTION AND ITS TEAMERS their minister to the United States, the request was made for our government to recall Morris. For political reasons — for sake of international amity — ■ Washington acceded to the request, but privately wrote Morris a personal letter, commending his course. The commendation of Washington ever has been, and ever will be a certificate of character, that all America honors, applauds and indorses. This letter fell into French hands, and added to the estrangement between the nations. Washington, thereupon, sent as American minister, an avowed friend of the French Revolutionists in the person of James Monroe, who became our fifth President, and Morris closed his diplomatic career in 1794, He then made a second tour of Europe. While at Vienna he visited the imprisoned La Fayette, and made strenuous efforts to secure the release from the fortress of Olmutz of that heroic son of France whom he then held, and his country- men forever will hold in grateful honor and loving memory — the patriotic soldier, the lover of liberty, who staked his life and fortune in the cause of American independence. His devotion to and service in behalf of La Fayette forever endear his memory to the American people. He found La Fayette not only in prison, but his fortune gone, and he and his family reduced to abject want. As soon as he learned of the de- plorable condition of the patriot hero, he sent him ten thou- sand florins, and to Madame La Fayette a hundred thousand livres. When she, too, was cast into a Paris prison, he rescued her — she gratefully said, saved her from death. It was mainly through Morris' efforts and in his presence that the dungeon doors of La Fayette were at last opened, and he turned over to the American Consul at Hamburg. During this time he indulged in a voluminous correspond- ence with his friends at home. His comments in these letters upon the French government, the French Revolution, and the yulers and statesmen of Europe are, not only among the raciest, THE FEAMEES OF THE CONSTITUTION 349 but the most profound ever written by an American to his countrymen. After an absence of ten years, in 1798 he returned to America, and resumed his residence in his native state of New York. By it he was sent the next year to the United States Senate, in which he rendered conspicuous service until March, 1803. In the senate he vigorously opposed the abolition of the judiciary system, as then established, and the discontinuance of direct taxation, and with equal vigor supported the "Louisi- ana Purchase." Returning to New York, he was recalled to its public service, and from its creation until his death, was chairman of the commission on canals, which eventually consummated the great work of building the Erie Canal. He was, indeed, one of the most gifted and remarkable of American historic characters ; one of the most accomplished in written composition. His scholarly attainments, elegance of diction, felicitous and forceful form of expression made him a prominent member of the committee of five to express the Constitution in its final phraseology. Fearless, sharp-witted, self-sustained, clever and of extraordinary versatility, he was one of the most serviceable of the framers, whether in the thrill of appealing debate, or the quiet labors of the conven- tion's laborious committees. In his "Life of Clinton," James Renwick says of him as an orator: "Morris was endowed by nature with all the attributes necessary to the accomplished orator, a fine and commanding person, a most graceful demeanor, which was rather heightened than impaired by the loss of one of his legs, and a voice of much compass, strength and richness." His funeral orations on Washington, Clinton and Hamilton, and his last great effort, his address to the New York His- torical Society upon his inauguration as its president, are among the treasured American classics. His contributions as an author and pamphleteer through 350 THE CONSTITUTION AND ITS FEAMERS the press were numerous and notable as among the most fin- ished productions of any writer of the time. Though Jefferson and Hamilton improved it, he bears the name of the "Father of the American decimal system of cur- rency." The "dollar," he gave a permanent national place; the "cent," he originated. While no member of the convention had been a more strenuous advocate of a strong and enduring national gov- ernment, no statesman a more ardent Federalist, his opposition to the administrations of Jefferson and Madison led him in his later years to advocate the secession of the Northern States, the dissolution of the Union, and the destruction of the national government he had done so much to found and form. But when the brain-storm of sectional interest that reached the height of its fury on account of and during the war of 1812 had passed away, and sober reflection restored him to his normal senses, he wrote this advice to his party associates, that Theodore Roosevelt, in his able biography of Morris, (all of which, and especially the last patriotic, impartial and states- manlike chapter, every American should read and cherish), well says, "He might well be content to let stand as a fitting close to his public career." "Let us forget party and think of our country. That country embraces both parties. We must endeavor, therefore, to save and benefit both. This cannot be effected while polit- ical delusions array good men against each other. H you abandon the contest, the voice of reason, now drowned in factious vociferation, will be listened to and heard. The pres- sure of distress will accelerate the moment of reflection; and when it arrives the people will look out for men of sense, experience, and integrity. Such men may, I trust, be found in both parties; and if our country be delivered what does it signify whether those who operate her salvation wear a federal or democratic cloak?" December 25, 1809, he married Miss Anne Gary Randolph, THE FKAMEES OF THE CONSTITUTION 35I a member of the famous Virginia family of that name. One child, a son, blessed their union. In person he so strongly resembled Washington that he was used as a model by the sculptor, Houdon, for the statue of Washington that now stands in the capitol at Richmond, Virginia. He was impulsive, sometimes hasty, courage personified, as gifted in sarcasm as in the niceties of speech, and not in- frequently became involved in trouble in consequence, but his warm and generous heart greatly atoned for these infirmities. A few days before he died he said: ''Sixty-five years ago it pleased the Almighty to call me into existence here on this spot, in this very room; and how shall I complain that He is pleased to call me hence." On the day of his death, being told the weather was fine, he said: "A beautiful day, but "Who to dumb forgetfulness a prey This pleasing, anxious being e'er resigned, Left the warm precincts of this cheerful clay, Nor cast one longing, lingering look behind." He had bought his ancestral home, and there closed his illustrous life, leaving a name and character that his country will ever cherish with commingled feelings of pride and grate- ful honor. Robert Morris Robert Morris was born in Lancashire, England, January 20, 1734. His father was a merchant of some prominence in Liver- pool, who had a large trade with the colonies, and removed to Pennsylvania when Robert was thirteen years old, carrying on there an extensive trade as agent for vessels from his old home. Two years after his arrival he died from a wound inflicted by the wad of a cannon fired from one of these ships as a 353 THE CONSTITUTION AND ITS FEAMEES salute in his honor. He was highly esteemed, his neighbors providing in their wills for the protection of his tomb. His faithful dog refused to leave and died upon his grave. Left an orphan at fifteen, Robert closed his meager school career and entered the service of Charles Willing, the leading merchant of Philadelphia. He proved a profitable employee. At one time in Mr. Willing 's absence, he, being charged with the business, learned of the advance of the price of flour in England, and before the news got abroad bought nearly the entire stock in Philadelphia, realizing a handsome profit for his employer. The merchants complained of this, but Mr. Willing replied his clerk had done only what they would have done, had they first got the news. In 1754 he formed a partnership with the son of the man he always affectionately referred to as his master, which lasted until 1793 — thirty-nine years. Their commerce was the most extensive of any house in Philadelphia. His interest in the rights the colonies claimed was early enlisted, and though it occasioned severe personal loss on ac- count of their large trade in English goods, his house was one of the first to sign the non-importation agreement adopted by the Philadelphia merchants. In November, 1775, he was elected to the Continental Con- gress, and at once placed upon the committees to purchase arms and munitions of war, and provide a navy. He was empowered to negotiate bills of exchange with the promise of the congress to guarantee him against loss as the endorser of the paper that was really the obligations of the government. The money raised upon his own individual responsibility at the personal request of Washington enabled our great com- mander to win his victory at Trenton, with its saving and inspiring influence upon our discouraged countrymen. Says his great biographer: "Although his own brows were unadorned with the laurels of the warrior, it was his hand that crowned the heroes who triumphed on that day." THE FEAMERS OF THE CONSTITUTION 353 On his own personal credit he frequently obtained money and supplies that our government could not have procured. When the exhausted credit of the government threatened the most alarming consequences; when the army was utterly destitute of the necessary supplies of food and clothing ; when the military chest had been drained of its last dollar, and even the confidence of Washington was shaken ; — Robert Morris, upon his own credit, and from his private resources, furnished the pecuniary means, without which all the physical forces of the country would have been in vain. Yet he was assailed in 1779 by charges preferred in congress of dealings detrimental to the government. His vindication by the unanimous vote of the investigating committee was complete. In 1780 he organized the Bank of North America, whose sole object was to raise money for the government, and heading the list with a subscription of 10,000 pounds, was followed by patri- otic subscriptions for 315,000 pounds more. In February, 1781, he was unanimously elected by the con- gress superintendent of finance. This imposed upon him bur- dens such as no secretary of the treasury has ever since borne. He was required to examine into the situation of the public debts, expenditures and revenue ; to digest and report plans for improving and regulating the finances, and for establishing order and economy in the disbursement of the public money; to direct the execution of all plans adopted by congress respect- ing revenue and expenditure ; to superintend the settlement of all public accounts ; to direct and control all persons employed in procuring supplies for the public service, and in the ex- penditure of public money ; to obtain accounts of all the issues of the specific supplies furnished by the several states ; to com- pel the payment of all monies due to the United States, and, in his official character, to prosecute in behalf of those states for all delinquencies respecting the public revenue and expendi- ture ; and to report to congress the officers necessary for con- ducting the various branches of his department. By successive 354 THE CONSTITUTION AND ITS f^RAMEES resolutions of congress he was subsequently empowered to ap- point and remove, at his pleasure, his assistants in his peculiar office, as well as those persons not immediately appointed by congress as were officially entrusted with the expenditure of the public supplies ; to appoint agents to prosecute or defend for him in his official capacity ; to manage and dispose of the monies granted by his most Christian majesty to the United States, and the specific supplies required from the several states; to procure on contract all necessary supplies for the army, navy, artificers and prisoners of war ; to make provision for the sup- port of the civil list ; to correspond with the foreign ministers of the United States upon subjects relating to his department; and to take under his care and management all loans and other monies obtained in Europe, or elsewhere, for the use of the United States. When he accepted this burdensome position, so subject to harsh criticism, the object of so much merited and so little re- ceived gratitude — the very root and trunk of the tree that ever in obscurity lifted to applauding view the leaves, fruit and flower of civic and military achievement that would always enshadow his efforts — he turned over his great private affairs to other hands. In accepting he wrote these lines, which his- tory honors as the heart-truths of one of the truest and great- est patriots this country should cherish with ever growing gratitude : "In accepting the office bestowed on me I sacrifice much of my interest, my ease, my domestic enjoyments and internal tranquillity. If I know my own heart, I make these sacrifices with a disinterested view to the service of my country. I am ready to go still further ; and the United States may command everything I have except my integrity, and the loss of that would effectually disable me from serving them more." He faced this condition of affairs as pictured by Washing- ton's own pen: "I see one head gradually changing into thirteen. I see one army branching into thirteen ; and, instead of looking up to THE FEAMERS OF THE CONSTITUTION 355 congress as the supreme controlling power of the United States, considering themselves as dependent on their respective states. In a word, I see the power of congress declining too fast for the consequence and respect which are due to them as the great representative of America and am fearful of the consequences. "Instead of having magazines filled with provisions we have a scanty pittance scattered here and there in the several states. Instead of having our arsenals well supplied with military- stores they are poorly provided and the workmer all leaving them. Instead of having the various articles of field equipage ready to deliver, the quartermaster-general is but now apply- ing to the several states (as the dernier resort) to provide these things for the troops respectively. Instead of having a regular system of transportation established upon credit, or funds in the quartermaster's hands to defray the contingent expenses of it, we have neither the one nor the other ; and all that busi- ness, or a great part of it, being done by military impressment, we are daily and hourly oppressing the people, souring their tempers and alienating their affections. Instead of having the regiments completed to the new establishments, scarce any state in the Union has, at this hour, one-eighth part of its quota in the field, and there is little prospect, that I can see, of ever getting more than one-half. In a word, instead of having everything in readiness to take the field, we have nothing; and, instead of having the prospect of a glorious offensive campaign before us, we have a bewildered and gloomy prospect of a de- fensive one, unless we should receive a powerful aid of ships, land troops and money from our generous allies ; -and these at present are too contingent to build upon." No warrior on any field ever more bravely or grandly faced a foe than did Morris these overwhelming odds, or win vic- tories more signal. His personal credit, his tireless energy, his indomitable will, his gigantic ability triumphed, and his meed of grateful praise should not be second even to that of the great Father of His Country, who said, **The abilities of the present financier have done wonders." 356 THE CONSTITUTION AND ITS FRAMEES It was due to him that our armies did not throw down their guns and return to their homes. To carry out his plans he organized the Bank of North America, and urged that congress seek from the states power to organize a similar bank in each of the states, prohibiting all other banks until the war was ended, virtually suggesting the very system of national banks that today constitute the test banking system that any nation has ever known. He urged that this might in the end "prove the means of saving the liberties, lives and property of the virtuous part of America and unite the several states more closely together in one general money connection, and attach many powerful indi- viduals to the cause of our country by the strong principle of self-interest. ' ' On July 31, 1781, congress sent Richard Peters and Mr. Morris to confer with Washington as to supplies for the cam- paign to capture New York City. According to Mr. Peters, the campaign against New York was not a feint but a well studied plan of Washington, that was abandoned when Count de Grasse announced that he would not enter the harbor with the French fleet but intended to sail for Chesapeake Bay. Then occurred one of the scenes of Washington's wrath that those who witnessed never forgot, and a rapid change of his plan of campaign that shows his extraordinary military genius. He determined to follow the fleet and capture Cornwallis instead of New York City. At breakfast next morning they found him making out lists of the supplies needed as calmly as if no disappointment had over- thrown his cherished plan. To move the army and provide munitions required what was at that day an enormous sum. Morris informed Wash- ington that he had no means whatever to furnish the money but must rely solely on his own credit. On that reliance alone Washington entered upon the campaign that closed the war. On his personal credit Morris raised the money to carry on that campaign, and a second time Washington was enabled to THE FKAMEKS OF THE CONSTITUTION 357 defeat and this time capture Cornwallis and his entire army. And so, as the private citizen, the patriot, Robert Morris, rather than the financial agent or secretary of the treasury of the Confederated States, made it possible for Washington to win his last great victory on the field of war and end the long and bloody struggle for independence. To accomplish this mo- mentous achievement he gave his own notes for $1,400,000. So great was the public confidence in him that they suffered but little depreciation, while the national notes were at such enormous |iisconnt as to be almost valueless. His arguments, appeals, entreaties to the states to do their simple duty, ending at last with the reminder that military force would be used, would fill a volume. During all these ceaseless efforts to collect the promised and long past due revenues he was perpetually beset by clamorous creditors whose claims were just, and often exposed to open insult for not meeting the obligations that were not his but his country 's. Nor was this his only burden. Calumnies of every character were poured upon him ; charges of private speculation and the amassing of enormous wealth ; favoritism to a few and every vile accusation that jealousy and malice could invent or hos- tility to American independence suggest. At last, hostilities ended, he determined to leave the thank- less post of such gigantic burdens and sent his resignation to the congress. It created such consternation that congress put an injunction of secrecy upon it. No other man in America could be found to fill his place. Congress entreated him to continue in the office and promised relief by procuring the states to do their plain and simple duty — pay what they owed for the debts due by all. A board of three of the ablest financiers of the coimtry were appointed to do in peace what this greatest of our finan- ciers had done single-handed and alone throughout the war, and in November, 1784, he gave up his high commission. Says the great biographer of his day : 358 THE CONSTITUTION AND ITS FEAMERS "In rendering an account of his stewardship he published an address to the inhabitants of the United States, which, to- gether with the comprehensive details of his mode of managing the finances, ought to be incorporated in the course of the his- torical education of American youth. His concluding words were written in the true spirit of political foresight and were only rendered nugatory by the establishment of the federal Constitution. "The inhabitant of a little hamlet may feel pride in the sense of separate independence, but if there be not one gov- ernment which can draw forth and direct the efforts, the com- bined efforts, of United America our independence is but a name, our freedom a shadow, and our dignity a dream. To you, fellow citizens, these sentiments are addressed by one who has felt their force. In descending from that eminence on which your representatives had placed him he avoids the shafts which calumny had aimed. He has no longer, therefore, any per- sonal interest in those jealousies and distrusts which have em- barrassed his administration and may prove your ruin. He no longer asks confidence in hijnself, but it is his duty to declare his sincere opinion, that if you will not repose in the members of that general federal government which you yourselves have chosen that confidence and those powers which are necessary you must, and you will (in no very distant period), become the dupes of European politics. What may be the final event time only can discover ; but the probability is that, first divided, then governed, our children may lament, in chains, the folly of their fathers. May heaven avert these evils and endue us with wisdom so to act as may best promote the present and future peace, prosperity and happiness of our country." On the retirement of this eminent man from office it was affirmed by two members of the Massachusetts delegation "that it cost congress at the rate of eighteen millions per an- num, hard dollars, to carry on the war, till he was appointed financier, and then it cost them but about four millions." Says the Italian historian, Botta : THE FEAMEES OF THE CONSTITUTION 359 "The Americans certainly owed, and still owe, as much ac- knowledgment to the financial operations of Robert Morris as to the negotiations of Benjamin Franklin, or even to the arms of Washington." Throughout Europe his fame as a financier was in excess of what it was at home. In sorest affliction he had seen and felt the deplorable re- sults of an inefficient federal government. The weakness of the congress, the excessive powers of the states had been the first and continuing causes that had hampered his efforts and thwarted his plans. With the ablest of his associates in the long struggles that "tried men's souls" he became an advocate for the revision of the Articles of Confederation and was sent to the constitutional convention. In it his great ability, past experience and practical business sagacity made him as useful as prominent. Pennsylvania sent him as one of her two chosen sons to the first senate of the United States. Washington offered him the position of our first secretary of the treasury, but he declined and recommended Alexander Hamilton. He was the first American to send a ship flying our flag to China and the Orient. He not only used his wealth for his country, but his philan- thropies and charities were many. Amidst thousands of defalcations his country never lost one cent through him, though millions passed through his hon- est hands. In his business he was exact in all his dealings, prompt and faithful in every engagement. He seldom spoke in congress or in public, but was a thinker whose clear reasoning and thorough information made him an impressive speaker if not an orator. In 1769 he married Miss Mary White, sister of Bishop White of Philadelphia, whose culture and refinement made theirs one of the most attractive of Philadelphia homes. 360 THE CONSTITUTION AND ITS FEAMEES He was a large man, simple in manners, plain in dress, of benevolent countenance and dignified carriage. No higher encomium could be paid than the fact that when- ever Washington visited Philadelphia Morris' home was the first place he visited, and Morris himself always had his im- plicit confidence, his highest regard. When in his age misfortune swept away his wealth and poverty sorely oppressed him he could not walk the streets of the city that had known him for so many years without a grate- ful crowd of the middle and lower classes thronging about him. In his sturdy manhood he held in his firm grasp the finances of his whole country and in providing the sinews of war did as much to direct its destiny as did Washington on a more conspicuous field. In his age for more than three years — February, 1798, to August, 1801 — the door of a debtor's prison closed upon him. Verily riches have wings. In his later years he suffered greatly from asthma. Not singly did afflictions come. On May 8, 1806, in his seventy-third year, this bearer of our nation 's burdens, the financier of the Revolution ; the stalwart form that gave Washington his strongest support, closed a career that his country should crown with its eternal, grateful honor. James Wilson With a nation's reverent gratitude, in November, 1906, an American warship brought to Philadelphia the ashes of one of the leading founders of our republic. For over one hundred and eight years they had rested at Edenton, North Carolina. In the old Independence Hall, where he signed the Declaration of Independence, that was to be for him either an immortal scroll or death warrant, and where his genius and learning did so much to frame our country's Constitution, they rested in state and were paid the homage of the nation, and the peo- THE FRAMEES OF THE CONSTITUTION 361 pie of a city that he honored in making his home. On the 22d of that month, escorted by one of the most distinguished assem- blages and imposing pageants that city ever saw, they were borne to their final tomb. The national government that brought his dust to the scene of his life-work sent its high officials to do him honor. The supreme court of the United States, of which he was one of the first justices chosen by Washington, by one of its members; the American Bar Association by its president; Pennsylvania's attorney-general; our coimtry's greatest philanthropist, a son of his native Scotland, and lord rector of St. Andrews, his Alma Mater — all joined to voice not only the tribute of his adopted but his native land to his character and achievements. James Wilson, in whose honor a grateful nation paid this tardy homage, was born in Scotland, September 14, 1742. His father was a farmer of modest means, who educated his gifted son at Edinburgh and the famous University of St, Andrews. Seldom, if ever, has any university had such an array of instructive talent as that great university then had. The great historians, David Hume and Adam Ferguson ; Adam Smith, the father of political economy ; Hugh Blair and William Robertson, masters in rhetoric, logic and history, were among their number. Under them this man, remarkable in his youth for intellectual powers, pursued his studies, and as without a single exception has marked the career of every noted Amer- ican, laid in youth the foundation of that studious application and industrious habit that led to the lofty heights of his man- hood 's achievement. He came to America in 1765, first to New York, in 1766 re- moving to Philadelphia. His proficiency in Latin procured for him the position of tutor in the University of Pennsylvania, but he soon left this for the office of that great lawyer and greater writer, known by his masterly letters as "The American Farmer," John Dickinson. Like the majority of the Scotch emigrants — and five of 362 THE CONSTITUTION AND ITS FEAMEES Scotch nativity or descent were signers of the Declaration of Independence — his sympathies were with the colonies from before his seeking our shores. The example and influence of his great preceptor, one of the most potent and prolific writers of the period, doubtless added to win him heart and soul to the American cause, and he became one of the most influential and widely known writers in its behalf. In one of his early cases he appeared for the landholders against the proprietaries of Pennsylvania, his opponent being the attorney-general. His argument was so masterly that his associates, one of whom was the celebrated lawyer, Joseph Reed, decided to submit the case on his argument alone. The celebrity of the case gave him immediate prominence. His keenness as a logician, his profound knowledge of the law, for which he was naturally adapted, his trained accom- plishments as a speaker, his grace and force of delivery, soon put him at the very front of his profession and gave him a reputation second to no member of the Philadelphia bar. He became a member of the provincial assembly in 1774, taking such a distinguished part in its proceedings that he was nominated with his old preceptor, John Dickinson, for the first Continental Congress, but on account of the opposition, princi- pally to Mr. Dickinson, both were defeated. The next year, with Benjamin Franklin and Thomas Will- ing, he was unanimously chosen by the assembly as a delegate and continued in the congress until March, 1777, when the party spirit that denied him reelection provoked this letter from Robert Morris : "I am told our assembly do not intend you shall be in the new list of delegates. I am too busy to attend or I would contest the matter firmly, although I well know that the hon- esty, merits and ability which you possess in so eminent a de- gree would not be sufficient pleas against the previous determi- nation of a strong party ; for that, I am told, is the case. You are to be deprived of the opportunity of continuing those serv- THE FRAMEES OF THE CONSTITUTION 363 ices to your country, which she so much needs, and which, if I mistake not, she will feel the want of, until better men in better times shall call you forth again." His confidence in the judgment of the people and his defer- ence to their will inspired his action in regard to the Declara- tion of Independence that cost him his seat in congress and the major part of the adverse criticism that was visited upon him. While he signed the declaration, he opposed the making of it at the time, and the storm of denunciation visited upon his head for his action was so severe that John Hancock, Thomas Jefferson, John Adams, Samuel Adams and eighteen other patriots joined in signing the following remarkable testimonial: ** Whereas, It has been represented to the congress that re- ports have been circulated concerning Mr. Wilson, one of the delegates of Pennsylvania, to the disadvantage of his publick character and that misrepresentations have been made for his conduct in congress: "We, the subscribers, members of congress, do therefore certify that in a late debate in this house upon a proposition to declare these colonies free and independent states Mr. Wilson, after having stated the progress of the dispute between Great Britain and the colonies, declared it to be his opinion that the colonies would stand justified before God and the world in declaring an absolute separation from Great Britain forever; and that he believed a majority of the people of Pennsylvania were in favor of independence, but that the sense of the assem- bly (the only representative body then existing in the province) as delivered to him by their instructions was against the propo- sition ; that he wished the question to be postponed, because he had reason to believe the people of Pennsylvania would soon have an opportunity of expressing their sentiments upon this point, and he thought the people ought to have an opportunity given them to signify their opinion in a regular way upon a matter of such importance — and because the delegates of other colonies were bound by instructions to disagree to the propo- sition and he thought it right that the constituents of these 364 THE CONSTITUTION AND ITS FEAMERS delegates should also have an opportunity of deliberation on said proposition, and communicating their opinions thereon to their respective representatives in congress — the question was resumed and debated the day but one after Mr. Wilson deliv- ered these sentiments, when the instructions of the assembly referred to were altered and new instructions given to the delegates of Pennsylvania. Mr. Wilson then observed that, being unrestrained, if the question was put, he should vote for it ; but he still wished a determination on it to be postponed for a short time until the deputies of the people of Pennsyl- vania who were to meet should giA^e their explicit opinion upon this point so important and interesting to themselves and their posterity ; and also urged the propriety of postponing the question for the purpose of giving the constituents of several colonies an opportunity of removing their respective instruc- tions whereby unanimity would probably be obtained." From that time to 1782 he devoted his energies to the most extensive law practice in the state, during which period he was leading counsel for Pennsylvania in the contest between that state and Connecticut over the Wyoming valley lands, in which he was successful. His fame as a lawyer brought him in 1779 the appointment of advocate general for France in the United States, which he held until 1783. As confidential counselor of their chief ally he was able to do much toward bringing that aid from France of which the struggling states stood in such dire need. In 1781 congress made him a director of the Bank of North America. In 1782 his increasing fame overcame all partisan opposi- tion, and he was elected to congress, and again in 1785 and 1786. In 1790 he became the first professor of law in the Uni- versity of Pennsylvania, and, with Thomas McKean, published commentaries on the Constitution of the United States. As early as January, 1775, in an address of exti^aordinary power before the Pennsylvania convention, wherein he vindi- cated the conduct and claims of the colonies, he foreshadowed THE FEAMEES OF THE CONSTITUTION 355 their united and armed resistance to British aggression. In this great argument, unsurpassed by any of the period for logical reasoning, historical illustration and judicial precedent, he contended that the royal interference with the charters of the colonies was against the express and established law of Great Britain, and justified the united, forceful action of the colonists, as was justified by the united actions of the barons at Runnymede, who wrung from royal tyranny the priceless Magna Charta. Contending that the use of force by Great Britain against colonial charter rights was in violation of the British constitu- tion, against the law and without authority, he said : "Have not British subjects a right to resist such force — ■ force acting without authority — force employed contrary to law — force employed to destroy the very existence of law and of liberty? They have, and this right is secured to them both by the letter and the spirit of the British Constitution, by which the measures and the conditions of their obedience are ap- pointed. The British liberties, and the means and the right of defending them, are not the grant of princes ; and of what our princes never granted they surely can never deprive us." He could and did comprehend and appreciate to the fullest the grievances common to all of the colonies. English history and English legal precedent abundantly justified the colonial contentions. But he never could or did comprehend the claim of each for separate sovereignty. To him the Revolution welded them into one community and left them independent of Great Britain, but not of each other. The independence that they had in common achieved he believed could be only in common maintained — that unity accomplished and unity must preserve it. But in that federal unity he realized and said a government was formed without a precedent that blazed its way through paths unknown, and held that if "the line between the author- ity of the national government and that of the several states should be traced with clearness, neither vacancies nor inter- S66 THE CONSTITUTION AND ITS FRAMERS ferences would be found between the limits of the two juris- dictions." He was never a popular man. His public positions, his prominent place he held by sheer force of intellect. He was a worker. His retentive memory held in lasting grip and ready reference the vast volume of his reading in law, literature and history, and made him by common consent the best read, most profoundly informed constitutional lawyer of his day. In 1779 his opposition to the state constitution, under which he and many prominent men refused to accept office because they could not swear to support it, directed heated hostility to him as an enemy of popular government. This and his de- fense, as a lawyer, of the merchants of Philadelphia, many of whom were Tories, for refusing to sell their goods at prices fixed by the legislature, was the cause of a mob attacking his residence. On account of this incident his house was known thereafter as ''Fort "Wilson." But for the timely arrival of the troops he and a number who had taken refuge there, some of whom were prominent afterwards in our country's service, would have been killed by the excited populace. Says Sanderson: "Whilst Mr. Wilson was in congress he was considered as one of its ablest members, and was, perhaps, more engaged in the business of committees than any of his colleagues. His political standing was deservedly high and he was always listened to with respectful attention. He particularly distin- guished himself in all those weighty questions which were agi- tated in that important crisis when the settlement of our af- fairs, both civil and military, commanded the most serious and anxious attention. In June, 1775, he was of the committee which prepared an eloquent appeal to the assembly of Jamaica ; and in July of the same year, when the Indians were divided into three departments, the northern, middle and southern, and commissioners, appointed by congress, to superintend Indian affairs in behalf of the colonies, he was elected a commissioner THE FEAMEES OF THE CONSTITUTION 367 for the middle department. He was also a member of the several committees to take into consideration the state of the colonies and report what number of forces would be neces- sary for their defense ; to prepare a letter to the inhabitants of Canada; to prepare an address to the united colonies; to take into consideration the state of the Indians in the middle department; to consider on the most speedy and effectual means for supporting the American cause in Canada ; to confer with General Washington and concert a plan of military opera- tions; to devise ways and means for supplying the treasury; to form an effectual plan for suppressing the internal enemies of America; to devise and execute measures for effectually reinforcing General "Washington and obstructing the progress of General Howe's army; to take into consideration the state of the army ; to explain to the several states the reason which induced congress to enlarge the powers of General Washington ; to consider what steps were necessary to be taken should the enemy attempt to penetrate through New Jersey or to attack Philadelphia; to devise a plan for encouraging the Hessians and other foreigners employed by the king of Great Britain and sent to America for the purpose of subjecting the states to quit that iniquitous service, etc., etc., etc. He was a mem- ber of the standing committee for Indian affairs and of the standing committee appointed to hear and determine upon appeals brought against sentences passed on libels in the courts of admiralty in their respective states. He was also attached to the first board of war. In fact, no member was more fre- quently called upon to exert his talents, and no member ex- hibited more industry, capacity and perseverance in obeying the calls of his adopted country." His congressional career, his distinguished part in its great- est debates, his increasing fame as an orator of transcendant ability; his part before the courts of Pennsylvania and ad- jacent states had given him the reputation of being the first constitutional lawyer of the country, and all eyes turned to him when the convention was called to frame that highest 368 THE CONSTITUTION AND ITS TEAMEES production of human skill, or rather revise what the country then considered the chart for its united future — our Constitu- tion. He entered that great convention on the first day it had a quorum, and gave it to the end the most thoughtful, earnest and laborious efforts of his life. Above all the statesmen of that distinguished body he be- lieved in the wisdom of the people, in the policy and safety of entrusting to them their own self-government, and strove to place in their hands the conduct of that government from first to last. He favored the election by the people not only of their representatives in the lower house of congress but in the senate, and of President and Vice-President. His plan was to have larger districts in the respective states elect the sena- tors than was required to elect representatives, and a majority of the whole people elect the President and Vice-President — to make the national as well as state governments both govern- ments directly of the people. Nor was he for the consolidation of the Union to the oblit- eration of state lines and state autonomy. No one stood more strenuously for the preservation of state authority in local and domestic affairs — the theory and prac- tice of local self-government. His comprehension of a federal system, wherein state su- premacy in local, national supremacy in general matters — an indestructible union of indestructible states — was probably the most profound of any member of the convention other than Madison. But he strove for that supremacy in each to come direct from the same fountain head — the people. He had im- plicit faith in a dual citizenship, national and state. He be- lieved in a national government that reached to and acted di- rectly upon the people of every state, and in the same way in the people of every state, without the intervention of the legis- latures or electoral colleges, choosing their rulers and repre- sentatives by their own votes. With Rutledge, Randolph, Gorham and Ellsworth he was THE FEAMEKS OF THE CONSTITUTION 359 made one of the committee of detail that reported the draft of the Constitution on August 6, 1787. His ability as a debater forced him to almost daily partici- pation in the discussions of that splendid assemblage of our notables to his constant growth in the regard of all. He opposed the equality of state representation, arguing that their representation and vote should be based upon popu- lation, saying: "Inequality in representation poisons every government. The English courts are hitherto pure, just and incorrupt, while their legislature is base and venal. The one arises from unjust representation, the other from their independence of the legis- lature. Lord Chesterfield remarks that one of the states of the United Netherlands withheld its assent to a proposition until a major of their state was provided for; he needed not to have added (for the conclusion was self-evident) that it was one of the lesser states. I mean no reflection ; but I leave it to gentlemen to consider whether this has not also been the case in congress." On the same subject he remarked: "Confederations are usually of a short date. The Amphyctionic council was instituted in the infancy of the Grecian republics ; as those grew in strength the council lost its weight and power. The Archaan league met the same fate ; Switzerland and Holland are supported in their confederation, not by its intrinsic merit, bvit the incumbent pressure of sur- rounding bodies. Germany is kept together by the house of Austria. True, congress carried us through war, even against its own weakness. That powers were wanting you, Mr. Presi- dent (Washington), must have felt. To other causes, not to congress, must the success be ascribed. That the great states acceded to the confederation, and that they in the hour of dan- ger made a sacrifice of their interest to the lesser states, is true. Like the v/isdom of Solomon, in adjudging the child to its true mother, from tenderness to it, the greater states well knew that the loss of a limb was fatal to the confederation; 370 THE CONSTITUTION AND ITS FEAMEES they, too, through tenderness, sacrificed their dearest rights to preserve the whole." In the Pennsylvania convention, called to pass upon the adoption of the Constitution, he was, by common consent, looked to and proved to be the chief exponent in its favor. In it his elaborate discussion of the Constitution, section by sec- tion, was the most masterly, save the Federalist, of any of the great efforts of the day, was published and circulated in every colony and used as a text by those favoring its adop- tion. His great argument concluded as follows : "It is neither extraordinary nor unexpected that the Con- stitution offered to your consideration should meet with oppo- sition. It is the nature of man to pursue his own interest in preference to the public good, and I do not mean to make any personal reflection when I add that it is the interest of a numerous, powerful and respectable body to counteract and destroy the excellent work produced by the late convention. All the officers of government and all the appointments for the administration of justice, and the collection of the public rev- enue, which are transferred from the individual to the aggre- gate sovereignty of the states, will necessarily turn the stream of influence and emolument into a new channel. Every person, therefore, who either enjoys or expects to enjoy a place of profit under the present establishment will object to the pro- posed innovation — ^not, in truth, because it is injurious to the liberties of his country, but because it affects his schemes of wealth and consequence. I will confess, indeed, that I am not a blind admirer of this plan of government, and that there are some parts of it which, if my wish had prevailed, would cer- tainly have been altered. But when I reflect how widely men differ in their opinions, and that every man, and the observa- tion applies likewise to every state, has an equal pretension to assert his own, I am satisfied that anything nearer to perfec- tion could not have been accomplished. If there are errors it should be remembered that the seeds of reformation are sown THE FEAMEES OF THE CONSTITUTION 37I in the work itself and the concurrence of two-thirds of the congress may at any time introduce alterations and amend- ments. Regarding it, then, in every point of view, with a candid and disinterested mind, I am bold to assert that it is the best form of government which has ever been offered to the world." On the appointment of the first members of the supreme court of the United States, in 1789, Washington nominated for chief justice John Jay; for associate justices John Rutledge of South Carolina, James Wilson of Pennsylvania, William Gush- ing of Massachusetts, Robert Harrison of Maryland, and John Blair of Virginia. In that great office he spent the balance of his life. While he ranked high as a jurist, many who knew him best thought that, like England's great advocate, Erskine, he shone brighter at the bar than he did upon the bench, but the far- reaching effect of his judicial opinions give him in this day a fame second to none of our jurists. In the celebrated case of Chisholm vs. the State of Georgia, which brought about the Eleventh Amendment to the Consti- tution, he took the affirmative view of the great question that was finally decided in the Civil war. Is the United States a nation? (2 Dallas, U. S. Supreme Court Reports, page 419.) In that decision he said : ' ' This is a case of uncommon magnitude. One of the parties to it is a state ; certainly respectable, claiming to be sovereign. The question to be determined is whether this state, so re- spectable, and whose claim soars so high, is amenable to the jurisdiction of the supreme court of the United States? This question, important in itself, will depend on others more im- portant still, and may, perhaps, be ultimately resolved into one no less radical than this, 'Do the people of the United States form a nation?' (Page 453.) ''With the strictest propriety, therefore, classical and po- litical, our national scene opens with the most magnificent ob- 372 THE CONSTITUTION AND ITS FRAMEES ject which the nation could present. 'The people of the United States' are the first personages introduced. Who were those people? They were the citizens of thirteen states, each of which had a separate constitution and government and all of which were connected together by Articles of Confederation. To the purpose of public strength and facility that confederacy was totally inadequate, and a requisition on the several states terminated its legislative authority; executive or judicial au- thority it had none. In order, therefore, to form a more per- fect union, to establish justice, to insure domestic tranquillity, to provide for the common defense, and to secure the blessings of liberty, those people, among whom were the people of Georgia, ordained and established the present Constitution. By that Constitution legislative power is vested; executive power is vested; judicial power is vested." (Page 463.) In this celebrated opinion, so frequently since quoted with eulogistic approval on the one hand, and bitterest denunciation on the other, is found this sentence that might well be placed in bronze in every court room in the country : "Causes, and not parties to causes, are weighed by Justice in her equal scales ; on the former solely her attention is fixed ; to the latter she is, as she is painted, blind." (Page 466.) He was the first professor of law in the University of Penn- sylvania. "Washington chose him as the educator of his nephew, Bushrod Washington, who for over thirty years was a justice of the United States Supreme Court. He was the victim of a political malice and professional envy, whose virulence was unsurpassed in his day. Despite the purity of his spotless character, the sincerity of his religion, the unsullied honesty of his private life and lofty public career, despite his great services and personal risk for his adopted country, his fealty to that country was questioned — a fealty which history records as firm and unselfish and unsullied as that of any patriot who staked his all for it. as pure and con- scientious and firm as his Scotchman's faith in the living God. THE FRAMERS OF THE CONSTITUTION 373 "With undoubted loyalty and sincerest devotion lie dared all man could to found and unselfishly helped to mold into a permanent nationality the states to whose cause he devoted his life and his life's best energies. His brilliant and busy career at the bar brought on him these burdens. He was on one or the other side of almost every leading case, and his city seemed to be the hot-bed for rancorous jealousies and envies at the bar and in politics. His aggressive nature, vast learning, shrewdness and developed ability pro- voked the attacks of those who were unable to cope with him and who sought to destroy whom they could not surpass. His was a life of constant labor, of endless exertion. He was more a man of books than of men. His knowledge of human nature was in painful contrast with his knowledge of legal principles, of historic precedent, of the great fountains of his profession. He was a student of passionate devotion, thoroughly drilled in every part of the logician and rhetorician. Yet the plain people nevej: knew a statesman who had greater faith in them. The wisdom of the majority had a potent appeal to him. This he showed in his conduct concerning the Declara- tion of Independence and in his advocacy of their supremacy in the Constitutional Convention. Scant justice has been done his life and services. As the peoples' government grows in the hearts of men, as the humble break over the walls of obscure poverty and climb to heights of noble service to their fellows, may some Plutarch yet do proper honor to his memory and make his in- dustrioiis life a guide to the generations that are becoming more and more the real rulers of the government he longed and strove to see of the people, by the people and for the people. He was first married in 1772 to Miss Rachel Bird, daughter of "William Bird of Bucks county, Pennsylvania. By this mar- riage he had six children. His second marriage was to Miss Hanna Gray, daughter of Ellis Gray, a Boston merchant. His only child by this marriage died in infancy. 374 THE CONSTITUTION AND ITS FRAMEES He was six feet in height, erect, and his demeanor given somewhat of hauteur by his stooping backward. His manner somewhat constrained ; his nearness of sight giving him a stern- ness of expression. His large frame, frank blue eyes, open honest face, and expressive mouth, and air that only culture brings, made his an attractive personality in any assemblage. His powerful voice had splendid training and gave him un- wearied audiences. "While on his judicial circuit, he died at the house of his colleague, Justice Iredell, at Edenton, North Carolina, August 25, 1798. From Delaware Richard Bassett Richard Bassett was born at Bohemia Manor, Cecil county, Maryland, in 1745, and died August 16, 1815. His ancestors came to England with William the Con- queror. He was adopted and classically educated by an accom- plished and wealthy lawyer by the name of Lawson, who made Bassett his heir and left him six thousand acres of "Bohemia Manor," one of the fairest properties in the state. Upon at- taining manhood he removed to Delaware. He was a man of sincere piety, as well as abundant means ; was the chief contributor toward building Wesley Chapel in Dover, and often filled the pulpit of his church. In the four corners of the audience room of a leading Methodist church in Philadelphia stand four handsome Corin- thian columns, reaching from floor to ceiling. Upon each is carved a bust of a representative character of early Method- ism. That for the "Statesman in Methodism" is the bust of Richard Bassett. Through the influence of the celebrated Bishop Francis Asbury he was attracted to that church and became one of its greatest workers among the laity. Their camp meetings were held upon his beautiful grounds at "Bohemia Manor," THE FRAMEES OF THE CONSTITUTION 375 and his houses were the homes of its faithful ministers, seldom without one or more being his welcome guests. He maintained three spacious homes, one at Dover, one at Wilmington and the ancestral home at ''Bohemia ]\Ianor, " in all of which he indulged the generous hospitality of the wealthy and distinguished of the day. For nearly forty years the most devoted friendship united him and Bishop Asbury, and to their wise counsels much is due for the rapid progress of the church to which they gave a kindred devotion. The blessing upon his pious life verily descended to the third and fourth generation. His only daughter married James A. Bayard, long United States senator from Delaware, and one of the commissioners who negotiated the treaty of peace with England in 1814, known as the "Treaty of Ghent." His grandson, James A. Bayard, was United States senator from 1851 to 1864, and again from 1867 to 1869, in the last year in the senate with his son, Thomas F. Bayard, great-grandson of Mr. Bassett, the only time in our history when father and son sat in the senate together. Thomas F. Bayard was United States senator from 1869 to 1885, when he became secretary of state under President Cleveland. Mr, Bassett served in the old congress during the time the Articles of Confederation were in force ; was a member of the Delaware Council of Safety in 1776; captain of the Dover Light Horse under Washington in 1777; member of the Annapolis Convention and of the Delaware Constitutional Con- ventions of 1776 and 1792 ; United States senator from 1789 to 1793, and was the first member to cast his vote for locating the capitol on the Potomac ; chief justice of the court of com- mon pleas from 1793 to 1799, when he became governor; United States circuit judge from 1801 to his death, Mr. Bassett was one of the substantial but not showy states- men, who served well in every place to which he was called, and lived in the lasting honor of his state and country. 376 THE CONSTITUTION AND ITS FEAMEES Gunning Bedford, Jr. Gunning Bedford, Jr., was born at Philadelphia, Pennsyl- vania, in 1747, and died at Wilmington, Delaware, March 30, 1812. The Bedford family came from England to Jamestown, Vir- ginia, in 1621 ; thence to Maryland, and then to Philadelphia. His father, an architect, was a captain in the French and In- dian wars, and many years an alderman in Philadelphia. He graduated at Princeton in 1771, the valedictorian of his class, of which James Madison and Hugh M. Brackenridge were members. After the usual study of the law and admission to the bar in 1779 he removed to Delaware and located at Wilmington, after a brief residence at Dover. His scholarship and ora- torical ability soon won him prominent position, and he was repeatedly a member of the Delaware legislature. In 1783 he was elected to the Continental Congress and served therein for three years. In 1784 he was appointed attorney-general of Delaware. In 1786 he was a delegate to the Annapolis Con- vention with the same men who with him were delegates to the Constitutional Convention. His high rank in his profession and as a statesman is shown by his intimate association with the leading men of his state, and the fact that he has often been confused with his cousin of the same name, without the junior, who was governor of Delaware. He was a frequent participant in the debates and one of the ablest advocates in the Constitutional Convention for equality of representation by the states in the United States senate. His impulsive outburst that, if the smaller states were not allowed equality of representation in the national congress with the larger states foreign nations stood ready to take them by the hand, created one of the most acute and profound sensations of the convention. It marked one of the occasions when in- tense feeling brought that body to the very verge of dissolu- tion. Yet this was no more nor less than his colleague, John Dickinson, saying in the same debate, he would ''sooner submit THE FRAMEKS OF THE CONSTITUTION 377 to a foreign rule than be deprived in both branches of an equality of suffrage and thereby be thrown under the domina- tion of the larger states." To no man more than him is due the honor his state wears of being the first to ratify the Constitution. In 1789 he was appointed by Washington the first district judge of the United States for the district of Delaware, a posi- tion he held with growing and distinguished honor until his death. Prior to his graduation from college he married Miss Jane Parker, daughter of James Parker, an early American printer and editor, who learned his trade side by side with Benjamin Franklin. It is an incident of historic interest that James Parker and Franklin exchanged the first dollar they earned as apprentices. The dollar Franklin earned and thus exchanged was made into a punch strainer, and is now among the treas- ured relics of the Historical Society of Delaware. It is said Mrs, Bedford left her baby with the wife of Dr. Witherspoon to hear her husband deliver his first honor oration. She was a woman of rare intellectual endowment and splendid culture, among her many accomplishments speaking French fluently. A woman whose conversational ability and graces of Christian character contributed to her husband's advancement and made their home the center of the most cultured society of the day. His daughter, Henrietta Jane Bedford, one of the most gifted and honored of Delaware women, died in Wilmington in 1781 in her eighty-third year. In her will she provided that her father's portrait should be placed in the national capitol, near that of James Madison, his old college classmate and roommate, and it now holds an honored place at the head of a stairway in the senate wing of that building. She left to the Delaware Historical Society a brace of pistols given by Washington to her father when dispatched on a dangerous and patriotic mission. She de- scribes her father as an aide-de-camp to Washington. 378 THE CONSTITUTION AND ITS FEAMERS In the closing words of the epitaph on the monument above his dust : "Reader, may his example stimulate you to improve the talents — be they five or two or one — with which God has en^ trusted you. ' ' Jacob Broom Jacob Broom was born in Pennsylvania, October 17, 1752, and died at Philadelphia, April 25, 1810. He held many offices of trust and responsibility in Dela- ware, and was the intimate associate of the distinguished men of the day, but did not figure in our national history outside of his part as a delegate to the Constitutional Convention. His address to Washington, on the latter 's visit to Dela- ware in 1783, was said to be unrivalled in excellence as a com- position. It is to be regretted that the record of the achievements of many serviceable men such as he has not been preserved, but his part in the Constitutional Convention alone merits perpetu- ating his memory. John Dickinson The ancestor of John Dickinson was one of three Quaker brothers who, in 1654, escaped persecution in England by emi- grating to Virginia. One of these, Walter, removed to Mary- land, purchased a large plantation and called it "Crosia- dore." There his great-grandson John was born November 13, 1732. Samuel Dickinson, father of John, and heir of this planta- tion, held by the family for nearly a century, removed from it to a princely property near Dover, Delaware, in 1740. There John received his early education under William Killen, subsequently chief justice of Delaware ; was later classi- cally educated at Philadelphia, and followed this up by a three years' law course at the Temple, London, England, where he had as fellow students the afterward celebrated English jurists, Thurlow and Kenyon, and the poet Cowper. THE FRAMEES OF THE CONSTITUTION 379 Knowing that he would inherit a large fortune, his dili- gence as a student was as great as if his future support de- pended upon his unaided, individual efforts, and in the morn- ing of his life his severe application laid the foundation of his future eminence. Then he followed the footsteps of the world's celebrities in law, literature and philosophy and acquired that style of classic expression that made the great state papers he wrote for his country an impregnable bulwark in defense of its action, and give an imperishable lustre to the ability and culture of its statesmanship and himself. In 1757 he returned to and entered upon the practice of his profession in Philadelphia. In 1760 he began his career in the Pennsylvania assembly as a delegate from the "Lower Counties," as Delaware was then called, and for many years, at intervals, was one of the most distinguished members of that body. His speeches in that assembly placed him in the first rank of American orators. In 1765 he was sent to and became a leader in the Stamp Act Congress. He was appointed to and did prepare the fa- mous resolutions setting forth the claims and position of the colonies, and was known thereafter in all of them as the man who in those resolutions formulated a Bill of Rights for the American people. That act of the British government had no more vigorous opponent, yet he believed in obedience to the law, however evil; the repeal, not violation of obnoxious legislation, and counseled the use of stamps until the act was repealed. He denounced the injustice of the act, but the refusal to obey it as revolutionary, as he did the action of the "Boston Tea Party," and advised that the tea destroyed should be paid for. The Boston Port Act he contended was unconstitutional, and upon that ground, as an English subject, sought its repeal. But relief from all these abuses and oppressions he believed should be sought by appealing to the justice, the reason, the law, the historic and judicial precedents of Great Britain, not by riotous violence. He wrote: 380 THE CONSTITUTION AND ITS FRAMEES "The cause of liberty is a cause of too much dignity to be sullied by turbulence and tumult. It ought to be maintained in a manner suitable to her nature. Those who engage in it should breathe a sedate yet fervent spirit, animating them to actions of prudence, justice, modesty, bravery, humanity and mag- nanimity." In 1774 he was made chairman of the Pennsylvania Com- mittee of Correspondence, and drafted the instructions to the delegates of Pennsylvania in the Continental Congress of that year, to which he was elected a delegate, and for which he drafted the first petition to the King and the address to the people of Canada. In the Pennsylvania Convention he was chairman of the Committee of Safety and Defense, and when New York was threatened with invasion by the British was chosen colonel of the first battalion and prepared to march with it to aid the sister colony. No man took higher rank in the Congresses of 1774, 1775 and 1776. In the composition of their addresses that attracted world-wide applause, he took a conspicuous part. Two of these were especially remarkable. Of the "Petition to the King" it was said: "It will remain an imperishable monument to the glory of its author and of the assembly of which he was a member, so long as fervid and manly eloquence and chaste and elegant composition shall be appreciated." The famous address of July 5, 1775, setting forth the causes and necessity of taking up arms by the colonies, was read at the head of the several divisions of the army. Yet, the next year he opposed the Declaration of Independence, and, with Kobert Morris, the financier of the Revolution, absented him- self from his seat in Congress rather than vote for it. This occasioned Pennsylvania to elect another delegate in his stead. His family motto was, " To be rather than to seem, ' ' and he lived up to it. He refused to sit in the famous painting by Trumbull of the "Signing of the Declaration," giving as his THE FRAMEES OF THE CONSTITUTION 381 reason, that he did not sign it, did not at the time approve it, and had -no share in the glory of the act of signing it. Though Pennsylvania had up to June, 1776, constantly in- structed her delegates in Congress to vote against any separa- tion from Great Britain, this course cost him his place in Con- gress. More than this. Although, immediately upon leaving Congress, he entered the army as a private, went to the front where battle was most imminent and served out his term as a common 'soldier, it drove him from his position as colonel of the first battalion of Pennsylvania Associators, a position he had held since 1775, and out of Pennsylvania. The great historian, Hildreth, says: "His course with re- spect to the Declaration exhibited the noblest proof of moral courage ever shown by a public man in the history of the coun- try." Delaware at once recognized his loyalty as well as splendid ability when, in November, 1776, she sent him as a delegate to the Congress from which as a delegate from Pennsylvania he retired the previous June. He re-entered the army as a private in the Delaware militia, fought through the Brandywine campaign, and was made a brigadier general by Governor McKean. In 1779 he was again elected to Congress by Delaware ; the next year president of the state. In 1782 he was elected presi- dent of the Supreme Executive Council of Pennsylvania. This 'made him ex-officio chief justice of the Supreme Court of Penn- sylvania. Thus at the same time he was governor of two states, chief justice of one, and delegate in Congress from the other. Delaware sent him as a delegate to Congress, despite his stand with regard to the Declaration of Independence. The leaders and the people had confidence in his honesty, his moral earnestness and absolute independence, and these high quali- ties, universally esteemed, gave him his great influence. They knew he opposed declaring independence at the time, not from lack of loyalty, but conscientious conviction as to its then expediency. 382 THE CONSTITUTION AND ITS FEAMERS It will be remembered that, with the exception of Samuel Adams and two or three others', all of these historic characters sought, not separation from, but justice as citizens of the mother country. Washington, Franklin and the great majority of leaders and of the people, up to the early part of 1776, did not favor inde- pendence. That Declaration could not have possibly met with a favorable vote in the Congress of 1774 or 1775. By the nar- rowest margin was it decided upon in July, 1776. He well saw the colonial conditions; poor, disunited, and without an ally on earth preparing to grapple with a power second to none, whose united forces would be hurled as an organized unit against us, and whose influence with kindred monarchical governments might induce a refusal of help to a promised republic. "With forceful logic and abundant reason he contended that : First, we should form a united government ; give it the ample powers of a supreme authority ; vest in it the whole of the public lands, and give it the foundation of re- sources for the common cause, and power to raise the means for the common public necessities; form needed alliances; and, when prepared to present a united, unbroken front, backed up by friendly powers that would supply the needs our poverty demanded, take our stand as an independent people, unless re- turning justice and better knowledge of our people's needs induced Great Britain to heed her Pitts and Burkes, and accord us our demanded rights. Not from lack of patriotic devotion, but for his belief that we lacked preparedness to sustain it, he voted against the Declaration, and left the Congress. A firm believer in the rule of the majority, when it was passed he stood with his country- men, and staked his life, his fortune and his sacred honor with theirs as loyally, as patriotically and as devotedly as did the most ardent advocates of the measure. During his congressional career, from 1775 to 1776, he served upon many of the most important committees; took a leading part in the discussion of every important measure ; and THE FEAMERS OF THE CONSTITUTION 333 was universally esteemed as one of the ablest members of the Congress. When returned to it in 1779 he bore with him Dela- ware 's adoption of the Articles of Confederation, and in May of that year wrote the address to the states upon the situation of public affairs. When elected president of the Council of Delaware in 1880 he resigned from Congress. Distinguished as were his services in the Continental Con- gress, and in the Constitutional Convention, brilliant as were his delivered and written addresses in and for that body, his fame will always chiefly rest on his published letters from 1765 to the close of the conflict in 1783. The most famous of these were "A Farmer's Letters to the Inhabitants of the British Colonies," published in 1767. His aim in them was to arouse the attention of his countrymen to the illegality of British taxation, and to the necessity of vigorous measures to induce that government to repeal these illegal and oppressive measures. Though his bitter personal enemy, Benjamin Franklin had these "Farmer's" letters pub- lished, presented a copy to the King, and gave them wide cir- culation in England, stating that they were the strongest argu- ments ever made for the rights of the colonies. They gave him the name of "The Penman of the American Revolution." Said Professor Tyler, "No other letters equaled the 'Farmer's' in literary merit, including in that term the merit of substance as well as of form ; in immediate celebrity, and in direct power upon events," The historian. Ford: "They made him as preeminent as Washington in war, Franklin in diplomacy, and Morris in finance." The writings of no other man so clearly presented the con- tention of the colonies, so helped to crystallize public sentiment, or, in the words of America 's great historian, George Bancroft, "So controlled the destinies of the country." These famous letters were not to stimulate insurrection, but to ward off war and revolution ; were not even suggestive of in- 384 THE CONSTITUTION AND ITS FRAMEES dependence, but to substantiate and clearly set forth the rights of the colonies ; not appeals to armed resistance, but to the in- telligent judgment of the American people, and to British con- science — to obtain voluntary concessions by the British govern- ment to loyal British subjects, if not British citizens. In 1768 he wrote one of the most popular poems of the time, entitled "The Liberty Song." He and Franklin were generally on opposite sides of public questions. Their hostility began when he opposed the change of government in Pennsylvania from proprietary to royal. . He favored the former ; had, as it was, feared the latter as a greater evil, and bitterly fought it. He was on the unpopular side and lost, but his view of what it would bring was prophetic. His career was somewhat paradoxical. His hereditary Quaker instincts showed in his constant mode of address — the use of the word thy in his address and correspondence ; his conservative position ; his love of peace and peaceful methods in public affairs. Yet he held, "If, at length, it becomes un- doubted that an inveterate resolution is formed to annihilate the liberties of the governed, English history affords frequent examples of resistance, by force," and his American training and environment made him an armed opponent, as it made his ancestors at Runnymede and on other English fields. So, too, he would battle for his rights as an English citizen rather than an independent American. So, too, while opposing separation from Great Britain he was made chairman of the committee to prepare the Articles of Confederation, and when he returned to Congress in the fall of 1776 wrote the draft of those articles, which, in his own hand- writing, is yet preserved, and was in that Congress years after- ward when their adoption was secured. So, too, he was a man of wealth, of wealthy and aristocratic descent, yet no man of his time was more democratic in life, in sentiment and in the advocacy of measures for the people. Like Abou Ben Adhem, he loved his fellow men. When it v/as pro- posed that the Constitution should require a property qualifica- THE FEAMEES OF THE CONSTITUTION 335 tion for President and members of Congress, though one of the wealthiest men in it, he said he doubted the policy of inter- weaving into a republican constitution a veneration for wealth. A veneration for poverty and virtue were the objects of repub- lican encouragement. It was improper that any man of merit should be subjected to disabilities in a republic where merit was understood to form the great title to public trusts, honors and rewards. He advocated the abolition of slavery in Delaware, though he was and his fathers had been slave holders, and opposed its admission into the ''Northwest Territory." He was president of the Annapolis Convention, and took a leading part in bringing about the Constitutional Convention. In the latter his knowledge of men all over the country and experience in public affairs, as well as cultured ability, made him one of its most useful members. In it he advocated the limitation of the powers of the President ; presidential electors to be chosen by the people, not by the state legislatures; a council of men from different geographical sections who should assist the President and with him exercise the power to appoint public officers ; and above all the equality of representation of each state in the United States Senate, urging state sovereignty as the guarantee of the stability of the Federal government. It was upon his motion that two senators from each state was fixed upon ; and he drafted that part of Article IV, Section 111, whereby no state should be ''formed by the junction of two or more states, or parts of states, without the consent of the states concerned as well as of the Congress." After the convention, in a series of essays in support of ratifying the Constitution, he did a most needed and efficient service. Many, like him, believed in state sovereignty. Such generally feared the centralization of a strong national gov- ernment under the Constitution. With these his arguments and personal character carried great weight. "Without their aid it is doubtful if Pennsylvania would have ratified the Constitu- tion. 386 "THE CONSTITUTION AND ITS FRAMERS "When war was threatened with France he again contributed letters to the public to restore a friendly feeling. In after politics he was anti-federalist, and was urged to permit his election to the United States Senate from Delaware, but declined the honor. Jefferson and his states' rights theories had no abler, sincerer advocate than him. His private and domestic life was as full of moral virtues. Christian sincerity and home-loving tenderness as his public life of unblemished honor. In 1770 he married Miss Mary Nor- ris, only daughter of Isaac Norris, of Fair Hill, Philadelphia. His wife was an accomplished woman and no less devoted than he to measures for public good. She aided him in founding the Society for the Alleviation of the Miseries of Public Prisons, a free boarding school at Westtown, Pennsylvania, and many other philanthropies. His library was one of the largest and best selected in the country, and he loved the quiet seclusion of his study. This he sought and remained in after he retired from the presidency of Pennsylvania, to which he was twice reelected, and made his permanent home at Wilmington, Delaware. "While president of Pennsylvania he became one of the founders of the college which the assembly gave his name, ''In memory of the great and important services rendered to his country by his excellency, John Dickinson," This college he endowed with five hundred acres of land and a library of fifteen hundred volumes. After removing to Delaware, though often solicited to per- mit his election to the United States Senate and other positions of honor, he declined all public places. Says a distinguished writer of his state : "In a life of such manifold and varied activities, it is diffi- cult to determine which of its policies and achievements are most characteristic and important. In his career there were two periods when his most important work was done. "To the successful prosecution of the war of independence the power of the pen was almost as essential as that of the THE FEAMEES OF THE CONSTITUTION 387 sword. To arouse and sustain a spirit of resistance, to give to the proclamations, addresses and resolutions of Congress a tone becoming the dignity of that body, and the destiny of the coun- try, and to command the respect and secure the support of the enlightened in Europe, required genius and cultivation of the highest order and the most commanding influence. In this de- partment of the patriotic contest none surpassed him. ''With his pen and voice he was the champion of constitu- tional resistance, tapping all the abundant resources of his wide learning, experience and splendid intellect to inculcate into the colonists those immortal principles of constitutional liberty and civil freedom that made possible the Constitution of the United States. This was his pre-revolutionary work. 'For who are a free people?' he asks. 'Not those over whom government is reasonably and equitably exercised, but those who live under a government so constitutionally checked and controlled that proper provision is made against its being otherwise exercised.' "Has there ever been a clearer definition of constitutional rule ? "His contentions were maintained with such unanswerable logical skill and nice discrimination, and his arguments set down in such a matchless classical style as to attract the atten- tion and win the support of many of the foremost men of Europe." Voltaire pronounced him the equal of Cicero. His second was in the Constitutional Convention, for which his previous career so well prepared him. His conduct with regard to the Declaration of Independ- ence, as well as all of his public acts, is best explained in his own words in Congress in 1779 : "Two rules I have laid down for myself throughout this contest, to which I have constantly adhered, and still design to adhere — first, on all occasions where I am called upon as a trustee for my countrymen, to deliberate on questions import- ant to their happiness, disdaining all personal advantages to be derived from a suppression of my real sentiments, and defy- 388 THE CONSTITUTION AND ITS FRAMEES ing all dangers to be risked by a declaration of them, openly to avow them, and secondly, after thus discharging this duty, whenever the public resolutions are taken, to regard them, though opposite to my opinion, as sacred, because they lead to public measures in which the common weal must be interested, and to join in supporting them as earnestly as if my voice had been given for them. If the present day is too warm for me to be calmly judged, I can credit my country for justice some years hence." His mother, Mary Cadwalader, was a woman of rare grace of head and heart, and reared her son in an atmosphere of re- ligious duty. He was devoted to her and her memory. No more beautiful tribute to his life exists than his own filial let- ters to that faithful mother. His charities and philanthropies were numerous. Upon the death of the distinguished George Read he gave his widow a valuable farm in Delaware that enabled her to pass her life in comfort and educate her children. Full of years and honors, he died February 14, 1808. Con- gress passed resolutions on his death as a national calamity, and Jefferson wrote on hearing of it : "A more estimable man or truer patriot could not have left us. Among the first of the advocates for the rights of his coun- try when assailed by Great Britain, he continued to the last the orthodox advocate of the true principles of our new gov- ernment, and his name will be consecrated in history as one of the great worthies of the Revolution." A son of Chief Justice Read, of Delaware, thus described his personal appearance: "I have a vivid impression of the man, tall and spare, his hair white as snow, his face uniting with the severe simplicity of his sect a neatness and elegance peculiarly in keeping with it; his manners a beautiful emanation of the great Christian principle of love, with that gentleness and affectionateness which, whatever may be the cause, the friends, or at least in- dividuals among them, exhibit more than others, combining the THE FEAMEES OF THE CONSTITUTION' 339 politeness of a man of the world familiar with society in its most polished forms with conventional canons of behavior. Truly he lives in my memory as the realization of my beau- ideal of a gentleman." George Read George Read was one of Ireland 's contributions to our coun- try. His father, John Eead, a wealthy citizen of Dublin, emi- grated to Cecil county, Maryland, where he became a planter and where this son was born September 17, 1733, soon there- after removing to the province of Delaware. George Read received a classical education at New London, Pennsylvania. Among his fellow pupils, whom he afterwards met in the Continental Congress, were Charles Thompson, its secretary from beginning to end ; Hugh Williamson, from North Carolina, and Dr. Ewing Provost, of the University of Pennsyl- vania, an eminent mathematician and astronomer. He studied law under John Moland, a Philadelphia lawyer of repute, and displayed such ability that he was intrusted with much of his preceptor's business. He was admitted to the bar at the early age of nineteen. Though entitled by the laws of the province to two shares of his father's property, his first act on reaching his majority was to relinquish it by deed to his brothers, claiming that he had received his share of his patri- mony in his education. He settled in Newcastle and had as professional com- petitors such distinguished men as John Ross, then attorney general; Benjamin Chew, George Ross, John Dickinson and Thomas McKean, with whom he soon took an equal rank. In 1763 he succeeded Ross as attorney general, which office he held until elected to the Continental Congress in 1775. While attorney general — and he held this office under Brit- ish rule and as a British official — he wrote a letter to the gov- ernor of the Bank of England, predicting that England's taxa- tion of the colonies without representation, and her arbitrary exactions would lead to independence, and would result in a 390 THE CONSTITUTION AND ITS FEAMEES nation that would rival the mother country. The letter made a profound impression in England. He was for twelve years a member of the Delaware legislature, and while a member wrote a letter to the King that Lord Shelburne said his majesty read over and over again, and was more impressed by than any writing of the period. He opposed the Declaration of Inde- pendence, but signed that immortal document when it was passed by the Congress, and was one of the only three men who signed the original petition to the King for redress of grievances, the Declaration of Independence, which he voted against making, and the Constitution. He was one of the naval commissioners of the Congress. He represented Delaware in the Continental Congress during the whole Revolutionary war, excepting a short interval during the capture of President McKinley of that state when he acted as its president. In 1775, refusing a commission, he served in the ranks of the militia. "When told that he had signed the Declaration with a halter about his neck, Mr. Read replied that it was a measure de- manded by the crisis, and he was prepared to meet any conse- quences that might result. In 1776 he was president of the convention which framed the first Constitution of Delaware. In 1782 he was appointed by Congress one of the judges of the Court of Appeals in admiralty cases, which office he filled until the abolition of the court, and in 1785 was one of the commissioners constituting a Federal court to determine the controversy between New York and Massachusetts in relation to territory. In 1786 he was one of the delegates of Delaware, to the Annapolis Convention, and in 1787 sent by his state to the Constitutional Convention. He was elected one of the first United States senators from Delaware, resigning that office to become chief justice of the Supreme Court of Delaware, which distinguished position he held until his death at Newcastle, September 21, 1798. In the Constitutional Convention he was one of the leading advocates for equality of representation by all the states in the THE FEAMEES OF THE CONSTITUTION 39I Congress of the United States, and was influential in securing that clause in the Constitution which gives them equal repre- sentation in the Senate. He aided in giving his state the honor of being the first to adopt the Constitution of the United States, and was noted not only for his ability as a jurist, but the purity of his private life. In 1763 he married the daughter of George Ross, pastor for fifty years of Immanuel Church, Newcastle. Her father had given her a culture much beyond that enjoyed by the women of the period, and she displayed the intrepid spirit of the revo- lutionary mother and wife. Says the leading biographer of the times: "During the revolutionary struggle her trials were many and severe. The enemy, constantly on the borders of Delaware, kept the state in perpetual alarm by predatory in- cursions ; and at different periods occupied or marched through it. Frequent change of habitation was not one of the least evils which accompanied the war of the revolution. Mrs. Read was almost always separated from her husband, who was un- remittingly engaged in the public service. She was often com- pelled to fly from her abode, at a moment's warning, with a large and infant family. But she never was dejected ; instead of increasing the heavy burdens of a statesman's care by her complaints, she animated his fortitude by her firmness." The mothers clasped hands with the fathers in teaching les- sons of heroism to the generations that will hold them in death- less honor. From Maryland Daniel Carroll Daniel Carroll, member of the famous family of Maryland Carrolls, was born in Prince George county, Maryland, in 1756, and died at "Washington City, in 1829. y — After receiving a classical education, he settled upon his >^^^^^wdrltemffl-" estate, now part of the city of Washington, and — ^ed the life of the affluent and cultured colonial planter. 392 THE CONSTITUTION AND ITS FRAMEES He was a member of the Continental Congress from 1781 to 1784, and presented to that Congress the act of Maryland ratifying the Articles of Confederation; and was a member of the lower house of the United States Congress from 1789 to 1891, the latter year being appointed commissioner to survey the District of Columbia. Daniel of St. Thomas, Jenifer Daniel of St. Thomas, Jenifer, was born in Maryland, about the year 1723, and died in that state November 6, 1790. He was liberally educated and active in public affairs in Maryland before the revolution. In 1776 he became president of that state's committee of safety, and was sent to the Con- tinental Congress in 1779. In 1782 he was a candidate for gov- ernor. In 1785 he represented Maryland as special commis- sioner to settle, with the commissioners from Virginia, the juris- diction of those two states over that part of Chesapeake Bay, which was claimed by both states. At his solicitation they met with Washington at Mt. Vernon and did settle that long vexed question with happy unanimity. He closed his honorable public career with his services in the Constitutional Convention. Luther Martin Luther Martin was born in New Brunswick, New Jersey, February 9, 1748, and died at the house of Aaron Burr in New York City, July 10, 1826. He graduated at Princeton in 1776 ; studied law while sup- porting himself by teaching; began its practice in Virginia, but returned to Maryland, where he attained the highest eminence in his profession, becoming attorney general in 1778. In 1784-5 he was a member of the Continental Congress. He bitterly opposed the Constitution; left the convention rather than sign it, and fought its adoption by Maryland to the last, yet a few years after his vehement support of that THE FRAMEES OF THE CONSTITUTION 393 Constitution prompted Thomas Jefferson to name him ''The Federal bulldog." He left valuable notes of the debates in and proceedings of the convention. No man more earnestly, even savagely, denounced the African slave trade, or labored more zealously for the general emancipation of the slaves. He appeared as leading counsel in the successful defense in two of the most celebrated trials in American history — the at- tempted impeachment of Judge Chase in 1804, and of Aaron Burr for treason in 1807. His defense of Burr cost him the good will of many of his countrymen, but he stood by Burr to the end of his life, and died at Burr's home. He was a man of most positive convictions, and always vehement and abusively aggressive in support of whatever cause he espoused and toward those who opposed that cause. In 1805, after twenty-seven years' service as attorney gen- eral, he resigned, and in 1814 was appointed chief justice of the Court of Oyer and Terminer of Baltimore. This court was abolished in 1816, and in 1818 he was again appointed attorney general of Maryland. In 1820 a stroke of paralysis left him a helpless invalid for the rest of his life, and dependent upon the charity of friends. In 1820 the Maryland legislature passed an act — the only one of its kind in American history — requir- ing every Maryland lawyer to pay an annual license fee of five dollars, the proceeds to be paid to trustees "for the use of Luther Martin." He was a boisterous, erratic and dissipated man, but one of the greatest lawyers this country has ever produced. James McHenry James McHenry was born in Ballymena, County Antrim, Ireland, November 16, 1753, and died in Baltimore, Maryland, May 3, 1816. He was partially educated in Dublin, came to America in 1771 to restore his shattered health, and was so charmed with 394 THE CONSTITUTION AND ITS FRAMEES the country that he induced his father and brother to come over. They located in business in Baltimore, and he completed his education at Newark and studied medicine under the cele- brated Dr. Benjamin Rush at Philadelphia. He joined the Continental Army under Washington in 1776 as assistant surgeon, and was soon after appointed medical director of the army by Congress. At the capture of Ft. Wash- ington, New York, in November, 1776, he was made prisoner, and was not exchanged until March 5, 1778. In May following Washington appointed him his secretary, and for the rest of their lives the most cordial intimacy existed between them. In 1780 he became a member of the staff of General LaFayette and so served until the close of the war. He was with LaFayette when Arnold.'s treason was discovered, and made Washington 's apologies to Mrs. Arnold for delaying breakfast on the memora- ble morning of September 24, 1780, when Arnold was in his mad flight to reach the British. From 1781 to 1786 he was a member of the Maryland Sen- ate; from 1783 to 1786 a member of the Continental Congress; from 1788 to 1791 a member of the Maryland house of dele- gates ; again a member of its Senate from 1791 to 1796 ; in 1788 a member of the Maryland convention that ratified the Consti- tution ; in 1796 appointed by Washington secretary of war, holding that position until 1801, during the balance of Wash- ington's and all of Adams' administration. He established the United States Military Academy at West Point, and did much to place our country in readiness for war in 1798 by building ships, forts, arsenals and armories. Fort McHenry, commanding Baltimore harbor, was named in his honor. He married Margaret, daughter of David Caldwell, of Philadelphia. He was a man of sincere piety, president of the Maryland Bible Society in 1813, and was the author of a book entitled ''The Three Patriots" — Jefferson, Madison and Monroe. THE FKAMERS OF THE CONSTITUTION 395 John Francis Mercer John Francis Mercer was born at Marlboro, Stafford county, Virginia, May 17, 1759, and died at Philadelphia, Pennsylvania, August 30, 1821. He was of Scotch-Irish descent. His grandfather came to Virginia in 1720, was a crown lawyer of celebrity, the author of "Mercer's Abridgement" of the laws of Virginia, and the first argument published in Virginia against the Stamp Act. He graduated at William and Mary College in 1775 ; in 1776 entered the Continental Army as lieutenant; was wounded at the battle of Brandywine ; was aide to Gen. Charles Lee at Monmouth ; so warmly took the part of that officer that he re- signed from the army on account of the treatment of Lee ; after- ward served as lieutenant colonel of a troop of horse, which he equipped at his own expense, and with which he joined Gen. Robert Lawson's brigade in North Carolina; and closed his military career under LaFayette at Yorktown. From the army he went to the law office of Thomas Jeffer- son, under him prepared for his profession, and continued for life one of Jefferson's most ardent admirers and trusted, con- fidential friends. From 1782 to 1785 he was a delegate from Virginia to the Continental Congress. Removing to Maryland in 1786, he took a prominent part in the public affairs of that state, and was sent by it to the Constitutional Convention. He strenuously opposed the Constitution as centralizing power to the sacrifice of states' rights, and left the convention, as did Yates, Lansing and Luther Martin, rather than sign it. Thereafter he served repeatedly in the Maryland legis- lature, and from 1792 to 1794 was a member of the lower house of the United States Congress, in which he was among the opponents of the administration. In 1801 he was elected governor of Maryland, and was one of the most powerful allies of Thomas Jefferson, outside of Congress, in his great contest for president against Aaron Burr. p 396 THE CONSTITUTION AND ITS FEAMEBS During his term as governor the chief administration meas- ure was the repeal of the law requiring a property qualification for the voter, in which he succeeded. After retiring from the governorship he again entered the legislature, and drew up the petition asking Congress to pre- vent a declaration of war in 1812. He married Miss Sophia Sprigg, member of a prominent Maryland family, and a woman of rare graces of person and mind. Their children inherited their high intellectual and moral character. One daughter, Margaret, was the authoress of "Studies for Bible Classes," "Ethics," and "A Series of Lectures for Young Ladies." She was called the "Hannah More of America," on account of freeing her own slaves and sending them to Liberia, and her labors in behalf of their gen- eral emancipation. For more than ten years she conducted at Cedar Park, her ancestral home, one of the leading schools for girls of her day, and was among the foremost of American educators and philan- thropists of her time. From Virginia John Blair John Blair was born at Williamsburg, Virginia, in 1732, and there died August 31, 1800. He was of Scotch descent, and of a family as noted for strong common sense and native ability as for their love of culture. His granduncle, James Blair, was a Scotch minister of celebrity who came to Virginia in 1685 ; was at the head of the church, and prominent in the civil affairs of the state; an ardent friend of education ; an able author, and the man who, on February 14, 1692, secured from the King and Queen of England the charter of the famous institution named in their honor — "William and Mary College. His father, John Blair, was an eminent statesman of Vir- tiinia. THE FRAMEES OF THE COJNSTITUTION 397 He graduated at William and Mary College, was prepared for the bar at the Temple, London, and soon after his return to Virginia, achieved the highest distinction as a lawyer. In 1765 he entered the Virginia legislature, and was one of those who assembled at the Raleigh tavern on the dissolu- tion of the House of Burgesses by the royalist governor, and drew up the non-importation agreement. In 1776 he was one of the committee that drew up the plan, in point of fact the constitution, for governing the newly formed state. He was at once chosen to the state council, and in 1777 made a judge of the Court of Appeals. He rose to be chief justice, and in 1780 was elevated to the position of judge of the High Court of Chancery. He, Washington, Madison and Wythe, unlike their other Virginia colleagues in the convention, ardently supported the Constitution in that great convention, as well as its ratification by their state. In 1789 Washington appointed him one of the first justices of the Supreme Court of the United States, a position he filled with great distinction until he resigned in 1796. He was noted for his wide reading, his extensive culture, his intensely studious habits from boyhood to the close of his noted and useful life. That life was less that of the politician, in the best sense of that abused word, great as was his part in Vir- ginia legislation, than the quiet life of the jurist. His liberal education, his varied experience as a lawyer, his long career as a judge, his recognized and honored sound judgment peculiarly fitted him for the place he filled as a framer of the Constitution. James Madison James Madison was born at Port Conway, Virginia, March , 16, 1751, and died at Montpelier, Virginia, June 28, 1836. His father, for whom he was named, was the owner of more land in Orange county than any other man. His mother, Eleanor Conway, was of a family equally prominent, and for whom his birthplace was named. The founders of both families 398 THE CONSTITUTION AND ITS FEAMERS r were early pioneers. "^"When he was an infant his father re- moved to Montpelier, where he passed his after life. / He graduated at Princeton in 1771, and prepared for the law under George Wythe, but his whole life may be said to have been devoted to matters of state. He was a delicate youth, and his early portraits give him a feeble, if not effeminate appearance. His long life of laborious mental effort is a lasting lesson of the value of taking care of one's health. Though one of the most enthusiastic supporters of his country's contentions, his physical condition kept him out of its army, and turned his marvelous abilities into another most useful channel. In 1776 he commenced his long public career in the Virginia Convention, and was one of the committee to present to that convention the Declaration of Rights drawn up by George Mason. His course toward the last clause of that Declaration shows his far-sighted comprehension of the significance of lan- guage, as well as the catholicity of his love of liberty. It read : "All men should enjoy the fullest toleration in the exercise of religion." That word "toleration" he objected to, and moved to amend the clause so as to read : "All men are equally entitled to the full and free exercise of their religion, according to the dictates of conscience." His contention being that freedom of religion was not a mat- ter of toleration, but of right. In 1786, when it was proposed to levy taxes in Virginia to support teachers of the Christian religion, it was his efforts alone that defeated it. And it was he who, in 1795, revived and gave lasting life to Thomas Jeffer- son's neglected effort of 1779 in the Virginia code, by a "Bill to Establish Religious Freedom in Virginia," the enactment of which he secured. From 1778 to 1780 he was a member of the Virginia Council of State ; in March, 1780, entering the Continental Congress, of which he continued a member for three years, returning to it again in 1787. His congressional career was, like that in every body he was ever a member of, marked by an ability and in- THE FEAMEES OF THE CONSTITUTION 399 dustry honored by all, but especially distinguished by his efforts for the commerce of the country. That was an especial feature of his political life. John Jay was our country 's minister to Spain in 1780, when Madison drew up and induced the Congress to pass the reso- lutions instructing Jay to insist upon one condition of the treaty of alliance against England being the free navigation of the Mississippi river from source to Gulf. Here began that conflict with the conduct or policies of Jay that closed in the war of 1812 under Madison's administration. In 1786 Jay had left the Spanish mission, and was made by Congress sec- retary for foreign affairs. One part of the treaty he then proposed was to close the navigation of the Mississippi to Americans for twenty-five years. Madison was then out of Congress, but a member of the Virginia assembly. He prepared a strenuous protest against this feature of the treaty, which that assembly unanimously adopted. To defeat the treaty he reentered Congress in 1787, consummated his purpose by a small majority vote against the treaty, and had the satisfac- tion, while in the Congress of the United States in 1795, of see- ing a treaty made that gave the free commerce of that river, for which he had fought for so many years. Nor did this close his interest in and connection with that great artery of trade. By a secret treaty in 1800 Spain sold to France her ''Louisiana territory" — that vast territory mentioned in the sketch of Thomas Jefferson. This was undisclosed until Madison became secretary of state in 1801. Here was a new danger to that river's commerce, and from a greater power than Spain. He at once conferred with Jefferson and wrote R. R. Livingston, American minister to France, to learn whether France would sell her newly acquired territory. The next year, there being some question as to the terms of the sale to France, Spain closed the Mississippi to American trade. This was about to involve our country in war with one or the other nation, when Napoleon's need of money in his wars induced him to sell the whole territory to the United States, and jts purchase forever 400 THE CONSTITUTION AND ITS PEAMEES crowned with success Madison's efforts for twenty years to make the Mississippi free to American commerce. The history of this long struggle throws a flood of light upon the part of the people of the West continuing to honor "William Blount, of Tennessee, despite his expulsion from the Senate, for his efforts to wrest the grip of Spain from this natural highway for their trade. They felt that he was a martyr for the best interests of that whole region. No man played so prominent a part in the events leading up to the Constitutional Convention as Madison, and to favor commerce was the keynote of every step. No more ardent, intelligent, far-sighted and constant student of governmental problems ever lived than he. They were his lifelong passion. He foresaw not only the danger ahead, even then imminent, of civil war between states, un- bound by a superior central authority, but of the need for con- cert of action to secure commercial harmony and business prosperity. Our internal commerce was feeble on account of dirt roads and undredged rivers, and water was the only method seen or foreseen for the enlarged commerce just dawn- ing, but of proportions yet undreamed of. The states sepa- rated by and bordering upon navigable streams, more and more frequently encountered conflicts as this commerce grew. Madi- son saw and seized upon the opportunity. In 1784 he got Jef- ferson to confer with the Maryland delegates in Congress as to adopting common regulations for commerce on the Potomac, and then those of Pennsylvania for that over Chesapeake Bay concerning all three states. The meeting at Alexandria and Mt. Vernon in March, 1785, of representatives from Virginia and Maryland was secured. Every man saw the urgency and policy of some uniform and common regulations for commerce over these waters, both to avert trouble and increase business. For be it not forgotten each state still had its tariff against its sister states. If these states could be so benefited, they saw others could. The Maryland legislature in the following No- vember recommended that Pennsylvania and Delaware be in- THE FRAMEKS OF THE CONSTITUTION 401 vited to join in considering the matter. On the last day of the session of the Virginia legislature — January 21, 1786 — Madison quietly put through a resolution enlarging the Mary- land proposition, and inviting all the states to send delegates to Annapolis to consider how a uniform system of commercial regulations throughout the country could be effected. That led to the Annapolis, and it to the Constitutional Convention, as heretofore told. In that convention, brought about so largely by Madison 's individual efforts, he was a leading spirit, and despite his diffidence addressed it more frequently than any other members, save James Wilson and Gouverneur Mor- ris. His profound study of constitutional questions, his years of preparation for just such great work, known of by all the delegates, forced him to participation so often in these debates, and placed him upon the leading committees of that conven- tion. When its labors were concluded, his labors were but just begun. He united with Hamilton and Jay in writing the Fed- eralist, and took a leading, if not the leading part in the Vir- ginia Convention that passed upon its ratification. His efforts there were the ablest of his life. Patrick Henry, whose mere name was a tower of strength, supported by George Mason, Richard Henry Lee, who made the motion for the Declaration of Independence, Benjamin Harrison and James Monroe, com- bined all their earnest ingenuity and subtle argument to defeat ratification. Madison, supported by George Wythe, John Marshall, the subsequent great chief justice, and Edmund Ran- dolph, were the debaters favoring ratification. George Wash- ington was not a member of this convention, but the great moral influence of his support was a bulwark to help. The ratifica- tion was carried. The bitter fight aroused antagonisms that defeated Madison for United States Senator, but the record that he made was a large part of the splendid record that raised him to the Presidency in 1809. From 1789 to 1797 — during the whole of Washington's ad- ministration — he was a member of the lower house of the 402 THE CONSTITUTION AND ITS TEAMERS United States Congress, and a mild opponent of the administra^ tion. One of his first acts was to move the adoption of seven- teen amendments to the constitution. The Senate cut these down to twelve, and of these ten were ratified by the states. The next four years after he left Congress were devoted to the local affairs of Virginia. In 1801 Jefferson appointed him secretary of state. He held that office during the eight years Jefferson was President, and the next eight years himself filled that great office — our fourth President. It was under Washington's confidential advice that in 1784 he sought a seat in the Virginia legislature for the sole pur- pose of creating a sentiment that would induce that legislature to initiate the action which finally resulted in forming the con- stitution. No one in the convention took a more prominent or laborious part in its framing. He was the leader of the men who secured its ratification by Virginia. His part in the Fed- eralist greatly helped to secure its ratification by the other states, especially by New York. His early and constant efforts from the first adroit move to the final consummation have given him the name, grander than that of President of the United States — "The Father of the Constitution." Nor is it unde- served. Still further is the Nation indebted to him in connec- tion with its Constitution. The only record containing any- thing like a report of the debates and proceedings of that great convention was preserved by him, willed by him to the United States Congress, and by its order published in 1840, after his death closed the career of the last survivor of that forever-to-be-honored body. Madison, as has every American of that day and since, revered Washington, but he had long been the intimate per- sonal friend and almost companion of Jefferson. When party alignment began early in Washington's administration, he fol- lowed Jefferson in the strict construction of the Constitution against the powers claimed by the national government, and held that as the states had ratified the Constitution with the THE FRAMEES OF THE CONSTITUTION 403 understanding that many of their powers were reserved to them, their rights should be preserved. He was universally esteemed the ablest and most dis- tinguished man in Congress. While differing with Hamilton on some of his financial propositions, he opposed the issue of paper money, and favored taxing imports for revenue purposes. In 1794 Washington offered him the position of minister to France, and soon after secretary of state, both of which he declined. Many in his party urged him to stand for President in 1796, but he refused and sought their support for Thomas Jefferson. From 1797 to- 1801 he retired to Montpelier, in 1799 accept- ing a seat in the Virginia legislature. He was the author of the "Resolutions of 1789," condenming the alien and sedition laws, and of the report on the resolutions of 1798, wherein state sovereignty was supported to the utmost limit, aside from the events of the Civil War. The persistent search of American vessels and impressment of American sailors had for years aroused the resentment of the country. Great Britain refused to modify her orders in council, or by treaty agree to cease these practices, and on June 18, 1812, war was declared by the United States. This war was bitterly opposed by many of our people, especially in New England. In this war John Paul Jones won his lasting fame at sea, and William Henry Harrison and Andrew Jackson, on land laid the foundations of the fame that thereafter made both Presidents of the United States. But he was not a man for war, and but little if any credit was gained by him in that conflict. On retiring from the presidency, he succeeded Thomas Jef- ferson as rector of the University of Virginia, and also served as visitor of the College of William and Mary. He was chosen a delegate to the Virginia Constitutional Convention of 1829, but was too feeble to take an active part in it. During this closing nineteen years of his life his ever active 404 THE CONSTITUTION AND ITS FRAMEES mind found employment in compiling his "Report of the De- bates in the Federal Convention of 1787," a work of inestima- ble historic value, and other literary efforts. In his book entitled "Advice to My Country," he says: "With regard to the responsibility of our country to man- kind, let it be remembered that it has ever been the pride and boast of America that the rights for which she contended were the rights of human nature. By the blessing of the Author of these rights on the means exerted for their defense, they have prevailed over all opposition. * * * No instance has here- tofore occurred, nor can any instance be expected hereafter to occur in which the unadulterated forms of -Republican gov- ernment can pretend to so fair an opportunity of justifying themselves by their fruits. In this view the citizens of the United States are responsible for the greatest trust ever con- fided to a political society. If justice, good faith, honor, grati- tude, and all the other qualities which ennoble the character of a nation and fulfill the ends of government, be the fruits of our establishment, the cause of liberty will acquire a dignity and lustre which it has never yet enjoyed ; and an example will be set which cannot but have the most favorable influence on the rights of mankind. If, on the other side, our government should be unfortunately blotted with the reverse of these car- dinal and essential virtues, the great cause which we have engaged to vindicate will be dishonored and betrayed ; the last and fairest experiment in favor of the rights of human nature will be turned against them; and their patrons and friends exposed to be insulted and silenced by the votaries of tyranny and usurpation." In 1794, while attending Congress in Philadelphia, he met at the house of his landlady her daughter, Dorothy Payne Todd, the young widow of a Quaker gentleman. She was a beautiful and vivacious woman of rare mental endowment, and over twenty years his junior. In the fall of that year they were married. No "lady of the White House" ever enjoyed a greater popularity than "Dolly Madison," as she was always THE FRAMEKS OF THE CONSTITUTIO]^ 405 called. "When notified, after the battle of Bladensburg, that she must immediately leave the White House to escape capture, she had a wagon hastily loaded with the building's silver plate and valuables, and hurried out of the city. The celebrated picture of Washington by Stuart she cut from its frame and gave to two friends from New York who just then entered, say- ing: "Save that picture. Save it, if possible; if not possible, de- stroy it ; under no circumstances allow it to fall into the hands of the British. " It was hidden in a farm house by Mr. Barker, restored to her, and now adorns the historic Presidential Mansion. The priceless parchment on which the Declaration of Inde- pendence M'as enrolled, and the original signatures of its sign- ers affixed, she carried in her own hands. So hurried was her flight that she left the table set and dinner prepared. Within a few minutes the British officers enjoyed "the feast prepared for the American President and his guests, then set fire to the White House, the Capitol, the Congressional Library, and the State and Treasury buildings. This vandal act, be it said to their credit, was as much condemned and deplored by the Brit- ish government as by the Americans. Mrs. Madison's ready wit, inimitable tact, rare discretion and genuine ability were as highly esteemed by the greatest statesmen of the time, as her social charms by the distinguished circle that filled the Capitol. She survived her illustrious hus- band many years, dying in Washington City, July 12, 1849. Madison's long career of unblemished honor, his stainless character, his versatile abilities, his great achievements — his whole eminent and useful life — gave him highest rank in the honor and gratitude of his country. Providence blessed hira for his noble work. After being the recipient of the highest honors a grateful people could bestow, at the ripe age of eighty- five he closed his useful life of splendid service, the last sur- vivor of the Framers of the Constitution. 406 THE CONSTITUTION AND ITS TRAMEES George Mason George Mason was born in Prince William county, Virginia, in 1725, and died at his palatial home, Gunston Hall, Virginia, October 7, 1792. His ancestors, on both his father's and mother's side, were distinguished in England as well as America for the loftiest valor, virtue and ability. His great-grandfather. Colonel George Mason, was an officer in the army of Charles H, who about the year 1651 fled to Virginia from and forfeited his estate in Eng- land. The family, down to the illustrious "Framer" and since, has given to that state as eminent, honorable and useful men as are known in its history. The family of his mother, Anne Thomson, numbered among its members men who achieved distinction as lawyers and leg- islators in both countries. This mother, like the mother of Washington, Avas early left a widow, and to these two colonial mothers is due much of the credit of the careers of their famous sons. His father left no will. Under the law then existing the entire estate, subject to the widow's rights, descended to the eldest son, leaving the other children penniless. Mrs. Nelson so judiciously managed her property and invested her earnings that she left her youngest children wealthier than the eldest son. His mother's financial ability he inherited and became one of the wealthiest men of his time. The Washington and Mason families lived but a few miles apart, and George Washington and George Mason were in- timate friends from their boyhood, vestrymen in the same church, and made their first entry in legislative life in the same assembly in 1759. While his family was one of prominence and wealth, he never had the advantages of a collegiate education, but ac- quired his marvelous classical culture in the libraries of his home, and of his illustrious uncle, John Mercer. His accom- plishments as one of the best informed and most scholarly men of his day is a lasting lesson in self-education to American youth. THE FEAMEES OF THE CONSTITUTION 407 Of all our historic characters he is among the most peculiar and remarkable. In his letter to the committee of merchants in London in June, 1766, one of the most masterly and concise presentations of the cause of the colonies in our history, he wrote : "These are the sentiments of a man who spends most of his time in retirement and has seldom meddled in public af- fairs ; who enjoys a modest but independent fortune, and con- tent with the blessings of a private station, equally disregards the smiles and frowns of the great." In his will he urged his sons to "prefer the happiness and independence of a private station to the troubles and vexations of public business." His own life was an example of these precepts. Possessed of a magnificent presence, splendid voice, and all the accomplishments of the orator ; enjoying the highest regard, not only of the people of his state, but of the leading men of the entire country, he was wholly indifferent to the attractions of public station, seemed utterly destitute of that high ambition which prompts so many worthy men to seek con- spicuous place, and never abandoned the attractions of his country home for public service except when great crises called into exercise his gigantic abilities. No hand more powerful than his aided in moulding the destiny of his country in con- tributions to the public press, the state papers and the legisla- tion of his day. He was one of the first men to urge the call- ing of a Congress by the colonies, yet, though repeatedly urged to accept a position therein, persistently declined to become a member of the Continental Congress, and also thereafter de- clined an appointment to the United States Senate, wherein his state would have undoubtedly rejoiced to continue him. He was devoted to his state, and his position as one of its delegates to the convention to frame the National Constitution was the only position of a national character he ever accepted. He drew up the non-importation resolution presented by Washington and unanimously passed by the Virginia legis- lature in 1769 ; and was a liberal and most influential con- 408 THE CONSTITUTION AND ITS FRAMERS tributor to the discussion of the great questions preceding the Revolution. His addresses then show the lofty plane upon which our forefathers stood in founding this free Republic, and his thought and language reappear in the Declaration of In- dependence and the Constitution he was then being educated to become a framer of. As early as 1775, when it was proposed at a meeting of the Fairfax Company in Alexandria, the first independent company formed in Virginia, the year previous for the defense of colonial rights, it was proposed that the officers should be elected annually. At that meeting Mr. Mason prepared a paper to be read in support of the measure containing these remarka- ble utterances : ''No institution can be long preserved, but by frequent re- currence to those maxims on which it was formed. We came equal into this world and equal shall we go out of it. All men are by nature born equally free and independent. Every so- ciety, all government, and every kind of civil compact, there- fore, is or ought to be calculated for the general good and safety of the community. Every power, every authority, vested in particular men is, or ought to be, ultimately directed to this sole end; and whenever any power or authority extends fur- ther, or is of longer duration than is in its nature necessary for these purposes, it may be called government, but it is in fact oppression. In all our associations, in all our agreements, let us never lose sight of this fundamental maxim — that all power was originally lodged in and consequently is derived from the people. We should wear it is a breast-plate and buckle it on as an armour." In the famous Virginia Convention, which convened in May, 1776, the first colony, or state convention formally declaring for independence, on the very day of his arrival, he was placed upon four of its most important committees, and from that day, says the great historian, George Bancroft, of all its members held the most sway over the minds of that convention. Both Jefferson and Madison credited him with tlie authorship of the THE FRAMERS OF THE CONSTITUTION 409 Virginia constitution then drafted. As well said by Kate Mason Rowland, in her valuable biography of him, he was the architect and master builder of the new political structure of Virginia. He was as universally recognized to be the penman, the writer, as Patrick Henry the orator of his state. For this convention he drafted the famous Virginia Bill of Rights, the basis and guide of similar Bills of Rights in all of the colonies. No more valuable or fruitful document was ever penned by mortal man in any age or any country. In it, for the first time in all history, was proclaimed the need of our triune system of government, wherein the executive, legislative and judicial departments should be maintained separate, in- dependent and distinct. There is not a principle in it that has not been imbedded in the Constitution of our country and in the constitutions of the several states. It was the basis of the Declaration of Independence. It should be cherished and com- mitted by every child and citizen of this great republic, and made part and parcel of the political faith of all our people for all time. Its condensation, its comprehensive expression of the great truths essential to the liberty of mankind stamp its author as one of the greatest minds that this world has ever known, and entitle him to the grateful, honored memory of all mankind. The absence of such a Bill of Rights from the Constitution aroused the principal opposition to its ratification in the various states. The early incorporation of so much of it in the first ten amendments to the Constitution shows that had it been made part of the original, the major part of this opposi- tion would have been averted. Its great truths appealed to the people then as they now, and always will, appeal to the people of every land and race. These amendments are the peoples' part of the fundamental law of our Nation, the promise of which secured its ratification, and to George Mason's genius in their preparation is due the everlasting homage of universal humanity. 410 THE CONSTITUTION AND ITS FEAMEES Virginia Declaration of Rights Prepared by George Mason in May, and passed by the Virginia Con- vention, June 12, 1776. A Declaration of Eights made by the Eepresentatives of the good people of Virginia, assembled in full and free convention, which rights do pertain to them and their posterity, as the basis and foundation of government. 1. That all men are created equally free and independent, and have certain inherent natural rights, of which they cannot, by any compact, deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. 2. That all power is by God and Nature vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them. 3. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community. Of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration ; and that whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalien- able, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of pub- lic service; which, not being descendible, neither ought the offices of magis- trate, legislator, or judge to be hereditary. 5. That the legislative and executive powers of the State should be separate and distinct from the judicial; and that the members of the two first may be restrained from oppression by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, and return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain and regular elections. 6. That elections of members to serve as representatives of the people in the legislature ought to be free, and that all men, having sufficient evi- dence of permanent, common interest with and attachment to the com- munity, have the right of suffrage, and cannot be taxed, or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the common good. 7. That all power of suspending laws, or the execution of laws, by THE FEAMEES OF THE CONSTITUTION 411 any authority, Tvithout consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. 8. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusations, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; and that no man be deprived of his liberty, except by the law of the land or the judgment of his peers. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 10. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and to be held sacred. 11. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments. 12. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies in time of peace should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordina- tion to and governed by the civil power. 13. That no free government, or the blessing of liberty, can be pre- served to any people but by a firm adherence to justice, moderation, tem- perance, frugality, and virtue, and by frequent recurrence to fundamental principles. 14. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, that all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience, unpunished and unrestrained by the magistrate, unless, under color of religion, any man disturb the peace, the happiness or the safety of society. And that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other. In a glass case, in the library of the Capitol at Richmond, Virginia, is preserved this priceless document, with the follow- ing indorsement, all in his own handwriting: "This Declaration of Rights was the first in America; it received few alterations or additions in the Virginia Conven- tion (some of them not for the better), and was afterwards closely imitated by the other United States. ' ' 410 THE CONSTITUTION AND ITS FEAMEES Compare this with the greatest kindred documents in Anglo-Saxon history: The Declaration of Independence as a composition was the work of genius, and worthily crowns its author with deathless honor. But it was not original. It was a masterly compilation and condensation of the spoken and written outcries of an oppressed people against the crushing course of a government that, through misinformation and ill-information, had degen- erated into a tyrannical despotism. The magna charta was a contract between royalty and no- bility; between the crown and the lordly aristocracy in which the great common people — man as man — took no part. Its great successor, the Petition of Rights, addressed to and signed by "William and Mary, though an everlasting bulwark between the throne and the subject, was a petition, a prayer from the same aristocracy to supreme power, in which there was as much if not more of supplication than assertion. Though these will always justly merit the homage of the Anglo-Saxon race as among the greatest Declarations of Rights in English and American history, in moral grandeur, in practical significance, in fruitful inspiration for all mankind, the Virginia Bill of Rights in matchless majesty towers above them all. It was original. Strong, erect, stalwart, it spoke the voice of inde- pendent manhood for every age and race. It spoke the fearless free heart of humanity. It came from the brain of one who stood in the ranks shoulder to shoulder with the masses. No laurels of exalted station lifted him to adventitious or unde- serving fame. No official rank in his nation did he hold. He served his state alone. The entreaties of his home people, the insistence of Washington could never draw him to accept the merited honor of a prominent place in the national councils. It looks as though Providence preserved him in the place of the common man to voice in this Bill of Rights man's trumpet- toned assertion of his own manhood for all time and all peoples of the earth. Said Theodoric Bland : THE FRAMEES OF THE CONSTITUTION 413 "In this declaration of Mason's man seems to stand erect in all the majesty of his nature, to assert the inalienable rights and equality with which he has been endowed by his Creator, and to declare the fundamental principles by which all rulers should be controlled, and in which all governments should rest. The contrast is striking, the difference prodigious." Said Hugh Blair Grigsby : "It is a curious illustration of the supremacy accorded to genius in great conjunctures that the British Declaration of Rights and the Virginia Declaration of Rights were written by men who had recently taken their seats for the first time in deliberative assemblies which were composed of the oldest and ablest statesmen of their respective periods. "When Somers drafted the Declaration of Rights he had spoken in the House of Commons for the first time only ten days before, and the parliamentary experience of Mason was hardly more extended, but Somers was an able lawyer deeply versed in constitutional learning, while Mason was a planter, untutored in the schools, whose life had been spent in a thinly settled colony, which presented no sphere for ambition. The genius of the Virginian appears in bolder relief when contrasted with the genius of his illustrious prototype. ' ' Said Henry Lee : "Thomas Jefferson as a lawgiver was far inferior to a man whom in popular favor and public honors he far outstripped. This man was George Mason. There is more wisdom, more con- densation of thought and energy of reason in a single clause (the fourth) of the Virginia Bill of Rights from the pen of that truly great man than in all the works of Mr. Jefferson put together. Here is a volume of wit and wisdom for the study of nations embodied in a single sentence and expressed in the plainest language. If a deluge of despotism should sweep over the world and destroy those institutions under which freedom is yet protected, sweeping into oblivion every vestige of their remembrance among men, could this single sentence of Mason's 414 THE CONSTITUTION AND ITS FEAMEES be preserved it would be sufficient to rekindle the flame of lib- erty and revive the race of free men." Said William C. Rives : "It is a condensed, logical and luminous summary of the great principles of freedom inherited by us from our British ancestors ; the extracted essence of Magna Chai-ta, the Petition of Right, the Acts of the Long Parliament, and the doctrines of the Revolution of 1688 as expounded by Locke, distilled and concentrated through the alembic of George Mason's own powerful and discriminating mind. There is nothing more re- markable in the political annals of America than this paper." Both Jefferson and Madison credit Mr. Mason with draw- ing not only the Bill of Rights, but also the constitution of Vir- ginia, Jefferson saying of him, "One of our really great men, and of the first order of great men." Madison says, "He was the master builder of the constitution, and its main expositor and supporter throughout the discussions which ended in its establishment." Said John Esten Cooke: "The first statesmen of his time consulted him and looked to him for guidance. He was not a lawyer, but his opinions on government had all the force and dignity of legislative decrees. He was one of the most re- markable men not only of his country and of his epoch, but of all countries and all time." Said General Richard Taylor: "Among the wise and good who in the past century secured the independence of our country and founded its government, George Mason of Virginia holds a place second to none." His peculiar tastes, his utter lack of personal ai^bition kept him from the exalted public stations that would doubtless have made his career one of the most conspicuous in American an- nals. It is to be regretted that his peculiar views made him refuse to enter the national legislature so urged upon him, and thus prevented his adorning the early congressional history of our country. In the Federal Convention he took a leading part in all of THE FEAMEES OF THE CONSTITUTION 415 the great debates, and especially as to the election of presi- dent, favoring his election by direct vote of the people, for one term of seven years and no reeligibility. He denounced slavery as a source of national weakness and demoralization, and strenuously opposed any mention of it in the Constitution as a degradation to that instrument. When that was done he urged a provision prohibiting the slave trade at once, instead of allowing it to go on until 1808, saying: "This infernal traffic originated in the avarice of British merchants. The British government constantly checked the attempts of Virginia to put a stop to it. The question concerns not the importing states alone, but the whole Union. Slavery discourages arts and manufactures. The poor despise labor when performed by slaves. They prevent the emigration of whites, who really enrich and strengthen a country. They pro- duce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. They bring the judgment of Heaven on a country. As nations cannot be rewarded or pun- ished in the next world, they must be in this. By an inevitable chain of causes and effects, Providence punishes national sins by national calamities, ' ' Fourteen years before, in the Virginia legislature, he had striven to stop the slave traffic. In this convention he insisted that the general government should be expressly empowered to prevent the increase of slavery, and gradually extinguish it. His hostility to paper money was no less pronounced than that to slavery. Of all our great and historic characters not one was less led by policy, more by inflexible principle than he. He lived and measured up to his own simple, unboastful utterance, a plain, independent man alike indifferent to the smiles and frowns of the great. The "bargain," the "trade" between the two sec- tions whereby control of commerce by majority vote in the Federal Congress was exchanged for what then promised to be the perpetuation of slavery, was so abhorrent to him, such a sellout, bribing and betrayal of principle that he turned against 4tl6 THE CONSTITUTION AND ITS FEAMEES the constitution and never took part in the government under it. He could not comprehend the difference between a bargain and sale of political, and personal principle and honor; could never compromise on what he believed to be the right. If he supported a measure, it was because he believed in it heart and soul, and he stood or fell on its independent merits. No man took more frequent part in the great debates of the conven- tion, or was given more serious attention. In his every dis- cussion he focalized a flood of intellectual light on the subject considered. Nor did he waste words. His speeches were clear, cogent, condensed. His great mind grasped every significant point, and many of his utterances have proven prophetic. The tremendous power of patronage in a single hand to corrupt he vividly portrayed as has never been surpassed before or since. Of the people, he was for the people, and one-man power he denounced with the eloquent dread of one whose knowledge of man and motive was profound, and whose historic informa- tion of its evils was vast. He advocated either a plural execu- tive, or a council of control for a single president. He was a descendant of the Cavaliers, and among the first of the old-time Virginia aristocracy, yet no man more earnestly sought to safeguard the rights and welfare of the common people in the constitutions of his state and Nation. A slave- holder and the son of slave holders, he did all in his power to prevent its further extension, and to speedily abolish that exist- ing. There was no more sincere believer in or earnest advocate for a government of, by and for the people. Devoted to his state, by heredity, personal view and re- search he knew the throttling force of central tyranny in Brit- ish domination of his state's commerce and industries, and strove to perpetuate that state's sovereign control over its own affairs. Local self-government, states rights appealed to him above all things else. Like the great majority of his compeers, he was jealous of any encroachment upon the rights and pow- ers of the state government, and feared the formation of an over-powerful central government. Local self-government was THE FEAMEKS OF THE CONSTITUTION 417 the heart and soul of our American Revolution. It is not strange that the doctrine of states rights should have such a hold upon, should so appeal to the descendants of the men who staked their all to make that Revolution successful. His correspondence was extensive with the leading men of that historic day, who invariably sought his counsel and advice on the great problems that confronted them. He was tenderly devoted to his family. His first wife, Miss Anne Eilbeck, said to be the "lowland beauty" to whom Wash- ington gave the ardent devotion of his youth, was a woman of rare graces of mind and heart as well as person. For twenty- three years their married life was ideal. Her loss he never ceased to mourn. In his pocket, after his death, his daughter found a verse, in his handwriting, that may somewhat account for his refusal of public honors, closing the tender tribute to her with, "Alass! what can the honors of the world impart To soothe the anguish of a bleeding heart. ' ' Seven years after her death, in 1780, he married Miss Sarah Brent, who survived him. His nature w^as intense. He loved and hated with equal earnestness. Fearless, free from truculence, he "crooked no supple hinges of the knee that thrift might follow fawning." The greatest good for the greatest number, the universal de- mocracy he longed and strove to see here established on a foun- dation so solid that no power could ever undermine or destroy it. His private and public life is a beacon for honest, inde- pendent, energetic, informed action that should forever light the pathway of his countrymen. He refused to sign the constitution because he did not con- sider it sufficiently democratic, and fought its ratification by Virginia in the convention of that state called to pass upon it, saying, "The government will surely end either in monarchy or a tyrannical aristocracy," and denounced it before and after its adoption as "the sum of every evil." 418 THE CONSTITUTION AND ITS FEAMEES He was one of the typical, old school, cavalier gentlemen of Virginia, A man majestic in size, of faultless form, giant strength, courtly, self-willed, imperious. His face, browned by his country life under the Virginia sun, his iron-gray hair abundant and flowing, his superb bearing made him one of the most noticeable and picturesque personalities of the conven- tion. In addition, he was a man of profoundest learning, and loftiest eloquence, making his frequent participation in the great debates of the convention one of its specially remem- bered features by every member. James Madison said he was the ablest debater he ever knew. "There is a time when men shape for their land Its institutions 'mid some tempest's roar, Just as the waves that thunder on the strand Shape out and round the shore. "These rise before me; and there Mason stands, The Constitution-maker, firm and bold, Like Bernal Diaz, planting with kind hands Fair trees to blaze in gold." James McOlurg James McClurg was born at Hampton, Virginia, in 1747, and died at Richmond, Virginia, July 9, 1825. He was a college chum of Thomas Jefferson at William and Mary College, where he graduated im 1762. He studied for and took his degree in medicine at Edinburgh, Scotland, fol- lowing this with a post graduate course of two years in Paris and London. A medical essay written by him while at London was so highly esteemed that it was published in the different lan- guages of Europe. He was the author of many noted essays in the medical journals of his day, and stood at the head of his profession in Virginia. For many years he was a member of the executive council of that state, and when Patrick Henry declined to serve was sent to the Constitutional Convention in THE FEAMEES OF THE CONSTITUTION 419 his stead. He favored making the presidential term during good behavior, practically for life, giving as his reason "to escape corrupt cabals and preserve a good officer in place." He met with an untimely fate. "While on a mission to heal, his horses ran away, wrecked his carriage and killed him. His classical culture, extended information, trained ability and practical good sense made him a worthy associate of the distinguished men who framed our Constitution. Edmund Randolph Edmund Randolph was born at Williamsburg, Virginia, August 10, 1753, and died in Clarke County, Virginia, Septem- ber 13, 1813. He was descended from Sir Thomas Randolph, whom the "Domesday Book" states was ordered by the English King to do duty in person against the King of France. The family was distinguished in English history by its eminent judges, law- yers, educators, diplomatists and literati. His American an- cestor came to Virginia in 1674, and became the owner of a princely plantation on the James River. His uncle, Peyton Randolph, was the first president of the Continental Congress. His father, eminent for scholarship and legal learning, was King's Attorney, went to England when hostilities broke out, and died there, directing his remains to be brought to and buried in his native Virginia, which was done. No family in Virginia has been more conspicuous for talent and character than his. At the age of eighteen he graduated at William and Mary College, where he was distinguished for studious industry, scholarly attainment, and unusual eloquence. His graduating oration on the founders of that college was of such extraordi- nary merit that the faculty had it published. He was educated for the bar by his father, and was a favor- ite of the Virginia Royalist Governor, Lord Dunmore. His enthusiastic devotion to the cause of American independence, 420 THE CONSTITUTION AND ITS FBAMEES not only separated him from his father, but cost him the good will of the governor. He entered the army as aide to Washington in 1775, but returned to Virginia to look after family matters on the death of his uncle, Peyton Randolph, the first President of the Conti- nental Congress, and was sent to the Virginia convention in 1776, in which he assisted in framing the State Constitution and drafting its Bill of Rights. In that convention he crossed swords with Patrick Henry in opposing giving the veto power to the governor. Soon thereafter he was elected mayor of Williamsburg and Attorney-General of the State — -the first under the constitution. In 1779 he was elected to the Continental Congress, soon resigned, was re-elected in 1780, and served therein three years. He was a member of the Annapolis Convention ; was elected Governor of Virginia in 1786; and it was due to his personal pleading that Washington reconsidered his refusal to become, and accepted a place as, a delegate to the National Constitu- tional Convention. In that convention Randolph was the proponent of the national theory — one of the three plans submitted — which Avas supported by the "Solid South." Recognized as one of the most brilliant men in the country ; holding the position of gov- ernor of the state then first in wealth and population, if not in influence, with ability equal to his splendid position, no fitter choice could have been made to open the momentous proceed- ings of that august body. He was a large man, somewhat portly, but of impressive figure, massive head, handsome and intellectual countenance, trained and experienced as an orator, with exceptional com- mand of language, musical voice, and most engaging manners. Time and again at home as well as abroad the downfall of the American attempt at free government had been predicted. He, with other leaders, believed that this could be averted only by correcting the defects in the Articles of Confederation, forming a firmer union and giving to it enlarged powers. He THE FRAMEES OF THE CONSTITUTION 43I fully realized that the event was the most momentous in the life of his country and himself, and he rose to the height of the great occasion. He opened his address with: ' ' The confederation was made in the infancy of the science of constitutions, when the efficiency of requisitions were un- known, when no commercial discord had arisen among the states, when foreign debts were not urgent, when treaties were not violated," introducing the fifteen resolutions hereafter given and explain- ing them one by one. How much to be regretted it is that the rule of secrecy and closed doors adopted, prevented all record of his address to that magnificent body of intellectual giants, of which all ever after spoke with unstinted praise. Instead of one man for president, he favored an executive commission to be elected by congress, after the plan of the Swiss republic, and the granting of power to the national gov- ernment to veto, or annul the laws of any state decided to be unconstitutional by the Supreme Court. He opposed the granting of the power of pardon to the president, the estab- lishment of the office of vice-president, the equality of the representation of the states in the United States Senate, and above all the absolute control of commerce by the United States Congress. For th^se reasons he refused to sign the con- stitution, unless it was agreed to call a second convention after the constitution had been submitted to the people for consider- ation, in order that such amendments might be made as he deemed essential. This having proved impossible, he redeemed his failure to sign that immortal document by earnestly and eloquently laboring for its ratification in the Virginia Con- vention, arguing that the union was a necessity under almost any terms, and that amendments could be better worked for under the union than without it. Upon his motion the word "Slavery" was stricken from the constitution. Like his col- leagues from Virginia, he was opposed to its continuance. Randolph resigned the governorship to become a member of the Virginia legislature, where he could better accomplish 423 THE CONSTITUTION AND ITS FEAMEES the revision of the state laws, and the Virginia code of laws of 1789 was, in consequence, mainly his work. He was appointed by Washington the first Attorney-Gen- eral of the United States. The most important case argued by him was that case — Chisholm v. Georgia — that provoked the eleventh amendment to the constitution, James Wilson's famous opinion, and more political debate, as well as political interest for a longer period than any in our history. The con- tention in his great argument that an alien could sue a state was sustained, and carried consternation to his southern friends, and debtors, state or individual, throughout the country. Upon the resignation of Jefferson, and at his urgent re- quest, Washington appointed Randolph Secretary of Sta:te. This was the crowning calamity of Randolph 's life. Our coun- try 's relations with England were not of the best, and with France were becoming more and more strained. As Secretary of State, he was forced into a diplomatic correspondence with Fauchet, the French Minister, wherein he attempted to soothe France over or blind her government to what ours and Eng- land's were doing. Fauchet was the typical diplomatic in- triguer, and impecunious besides. He wrote his government, intimating that with several thousand dollars he could in- fluence American affairs, and hinting that Randolph was sus- ceptible to bribery. This letter was taken at sea, forwarded to the British Minister, and by him given to Washington. A cabinet meeting was called. The *'Jay Treaty," most obnox- ious to France, was before them. Randolph had stoutly op- posed signing it, unless the clause continuing the right of Great Britain to search neutral vessels was removed, and still held to the same opinion. The rest of the cabinet were against him. The country was on the verge of both civil and foreign war. The view of the majority of the cabinet prevailed, the treaty was signed, and then Washington handed Randolph Fauchet 's letter. Randolph denied the imputation, resigned from the cabinet, and confronted Fauchet at Newport, whither he had gone from Philadelphia when recalled, and received •o THE PRAMEES OF THE CONSTITUTION 423 from him a full retraction and exculpation. But this could not save Randolph from the avalanche of political denuncia- tion that deluged and doomed him. He never recovered from the venal charge. Yet, away down in 1888, near a century too late, a search among the French archives at Paris revealed a letter from this same Fauchet, following the intercepted let- ter, and written before its interception was known, completely exonerating Randolph, and expressly stating that the reports of Randolph's susceptibility to bribery were false. Too late the honor of a patriot, neither Washington nor any intimate ever doubted, was cleared forever. Yielding the point — the right to search neutral vessels — in the "Jay Treaty" saved our country from war with Great Britain then, but it came in 1812, and the principle Randolph stood for was settled in that war when the intrepid hero, Andrew Jackson, closed the hoped-for last bloody drama between England and America in the victory at New Orleans, January 8, 1814. Nor was this cruel calumny all that aided to crush Ran- dolph. The Secretary of State was then held personally re- sponsible for all "moneys placed in his hands to defray the expenses of foreign intercourse." The first blow was followed by the charge that there was a deficit of $49,000 during Ran- dolph's occupancy of the position. A protracted litigation followed. One after another, juries disagreed. Confident that he was not culpable, with the overweening credulity born of innocence of — aye, the incapability of committing any censur- able act, Randolph submitted the matter to the decision or arbitration of one man — the comptroller of the currency — who decided against him. Thereupon he turned over his entire property to the government, and the government realized from it $7,000, more than the principal and interest of the loss. He returned to Richmond, where he still stood in universal honor and confidence, and resumed the practice of law. He was one of the counsel of Aaron Burr in his trial for treason, at Rich- mond before Chief Justice John Marshall, and closed his ad- venturous career at the head of the Virginia bar. 434 THE CONSTITUTION AND ITS FEAMERS Eandolph's — "The Virginia Plan" 1. "Besolved, That the Articles of Confederation ought to be so cor- rected and enlarged as to accomplish the objects proposed by their institu- tion; namely, 'common defence, security of Liberty, and general welfare.' " 2. "Besolved, Therefore, that the rights of suffrage in the National Legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases." 3. "Besolved, That the National Legislature ought to consist of two branches. ' ' 4. "Besolved, That the members of the first branch of the National Legislature ought to be elected by the people of the several States every for the term of ; to be of the age of years at least; to receive liberal stipends by which they may be compensated for the devotion of their time to the public service; to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the first branch, during the time of service, and for the space of after its expiration ; to be incapable of reelection for the space of after the expiration of their term of service, and to be subject to recall." 5. "Besolved, That the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures, to be of the age of years at least, to hold their offices for a term sufficient to ensure their independency; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service, and to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service; and for the space of after the expiration thereof. ' ' 6. "Besolped, That each branch ought to possess the right of originat- ing acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and, more- over, to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several States contravening, in the opinion of the National Legislature, the Articles of Union, or any treaty subsisting under the authority of the Union against any member of the Union failing to fulfill its duty under the Articles thereof. ' ' 7. "Besolved, That a National Executive be instituted; to be chosen by the National Legislature for the term of ; to receive punctually, at stated times, a fixed compensation for the services rendered, THE FRAMEES OF THE CONSTITUTION 425 in which no increase or diminution shall be made so as to affect the magis- tracy existing at the time of increase or diminution; and to be ineligible a second time; and that, besides a general authority to execute the National laws, it ought to enjoy the executive rights vested in Congress by the Confederation." 8. "Resolved, That the Executive, and a convenient number of the National Judiciary, ought to compose a Council of Eevision with authority to examine every act of the National Legislature before it shall operate, and every act of a particular Legislature before a negative thereon shall be final; and that the dissent of the said Council shall amount to a rejec- tion, unless the act of the National Legislature be again passed, or that of a particular Legislature be again negatived by of the members of each branch." 9. "Resolved, That a National Judiciary be established, to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature; to hold their offices during good behavior, and to receive punctually, at stated times, fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office at the same time of increase or diminution. That the juris- diction of the inferior tribunals shall be to hear and determine in the first instance, and of the Supreme tribunal to hear and determine in the dernier resort, all piracies and felonies on the high seas; captures from an enemy; cases in which foreigners, or citizens of other States, applying to such jurisdictions, may be interested; or which respect the collection of the National revenue; impeachments of any National officers, and questions which may involve the National peace and harmony." 10. "Resolved, That provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory or otherwise, with the consent of a number of voices in the National Legislature less than the whole." 11. "Resolved, That a republican government, and the territory of each State, except in the instance of a voluntary junction of government and territory, ought to be guaranteed by the United States to each State." 12. "Resolved, That provision ought to be made for the continuance of Congress «nd their authorities and privileges, until a given day after the reform of the Articles of Union shall be adopted, and for the completion of all their engagements." 13. "Resolved, That provision ought to be made for the Amendment of the Articles of Union, whensoever it shall seem necessaiy; and that the assent of the National Legislature ought not to be required thereto." 14. "Resolved, That the legislative, executive and judiciary powers within the several States ought to be bound by oath to support the Artick-s of Union." 426 THE CONSTITUTION AND ITS FRAMEES 15. "Resolved, That the Amendments which shall be offered to the Confederation by the Convention ought, at a proper time or times, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the people to consider and decide thereon." Georg'e Washington George Washington was born in Westmoreland County, Virginia, February 22, 1732, and died at Mt. Vernon, Virginia, December 14, 1799. The family were among the prosperous gentry of the North of England. His great-grandfather, John Washington, about the year 1657 came to Virginia and settled at the place where he was born. His father, Augustine Washington, first married Miss But- ler, who died in 1728, leaving two sons, Lawrence and Augus- tine. His second marriage was with Miss Mary Ball, by whom he had four sons, George, John, Samuel and Charles; and one daughter, Betty, who became the wife of Colonel Fielding Lewis. His mother is claimed to be a descendant of John Ball, who- was executed at Coventry, England, in 1381, for taking part in Wat Tyler's rebellion. When he was ten years of age this remarkable woman, whom he always cherished with a reverent gratitude that his countrymen will forever honor, was left a widow, with five of her own children and the younger of her husband's former marriage, all of tender years. Though his father left an ample estate, he never went beyond a common school education. His religious and moral training by this noblest of noble mothers was of the best, and indelibly stamped his character with the high attributes that have made him revered by all mankind. He had a natural aptitude for mathematics and adopted the profession of a surveyor. The marriage of his elder half-brother, Lawrence, with Anne Fairfax, brought him to the notice of Lord Fairfax, pro- THE FEAMEES OF THE CONSTITUTION 427 prietor of the northern neck of Virginia, and by him, at the age of eighteen, he was appointed surveyor for the territory. This work gave him an acquaintance with the lands of Vir- ginia that enabled him in after years to make investments so fortunate that he became one of the wealthiest landowners of the country. Between him and this half-brother always existed the warmest fraternal devotion — Lawrence was his boyhood's idol. Both inherited military instincts and tastes. Lawrence was an officer of high rank under Admiral Vernon when the British assailed the Spanish coast of South America, and in the fated expedition against Carthagena, where over twenty thousand English soldiers died from an epidemic resembling yellow fever, he contracted the ailment that in a few years ended his life. To restore his shattered health, he went to the Barbados, George went with him and was taken with small-pox, nearly losing his own life. Lawrence had acquired an estate on the Potomac, which he named Mt. Vernon, in honor of the Admiral under whom he served, and upon his death willed that estate and some $200,000 in property to his devoted half-brother, George. It was probably his loving admiration for this half-brother that induced . George to seek admission to the British Navy when a boy, and from which his mother dissuaded him. An event that would have changed his whole career. His life as a surveyor had familiarized him with the habits of the Indians and the woodsman's life. His sound judgment, intrepid courage and fearless honesty had impressed Governor Dinwiddie with his worth, and at the early age of nineteen he was appointed Adjutant-General of Virginia, with the rank of major. In 1753 the depredations of the Indians, instigated by the French, on the western frontier excited universal alarm. To investigate the causes for and suppress these growing out- breaks was the most serious problem of the colony. This was intrusted to the youthful commander, who led his expedition 428 THE CONSTITUTION AND ITS FEAMEES as far as Fort Duquesne, now Pittsburg. He made a complete plan of Fort Le Boeuf, which, with his report, was reprinted in London, giving him an extended reputation in his own country as well as England. This was the first announcement of the hostile intent of France toward the western territory. As the French refused to withdraw from that territory, Virginia raised a regiment to drive them out. Washington was solicited to become a candidate for commander, but with characteristic modesty declined, and accepted the position of Lieutenant-Colonel under Colonel Fry. Enroute he learned that the French were advancing with hostile intent, and with a portion of the troop surprised and captured a French detach- ment. The death of Colonel Fry devolved the command upon him. The French and Indians outnumbered his troop five to one. He retreated to Fort Necessity, where a desperate battle was waged for a day, at the end of which he surrendered the fort, but saved his command, with which he returned to Virginia and was thanked by the Assembly for his splendid manage- ment of the campaign. The British government at that time issued orders that the American officers should be subordinated to the British, and he resented the affront by retiring from the service. In 1755 General Braddock selected him for his chief aide, and started on his ill-starred campaign. Unfamiliar with fron- tier warfare, and disregarding Washington's advice, Brad- dock pursued his route to Fort Duquesne, until in the disas- trous battle known as '' Braddock 's Defeat," he lost his life. Washington was the only officer unhurt in that terrific slaugh- ter, and he had two horses shot under him and four bullet holes in his coat. In after years an Indian chief related that he took deliberate aim and fired twelve times at Washington without harm, and believed the Great Spirit protected him. Washington severely denounced the terror of the panic- stricken regulars in that fight. Leading the shattered army back, he was appointed Com- mander-in-Chief of the Virginia troops, and for the next three THE FEAMEKS OF THE CONSTITUTION 439 years was engaged in the frontier war that ended in the evac- uation of Fort Duquesne by the French and the recovery of the territory by the British, or rather by the colonists in their behalf. This raised him to the pinnacle among Colonial command- ers. Nor was this accomplished without contest with fearful odds against inadequate supplies, scarcity of men, and venom- ous personal detraction by the envious. The universal sentiment that ever since his day has clothed Washington with a common admiring regard has swept from view the assaults upon him as a man and an officer. Yet no conspicuous character in all our history has been more cruelly and wantonly assailed than he, or more signally triumphed over obstacle and enemy alike. At the close of this seven years' frontier warfare, January 17, 1759, he married the widow, IMartha Parke Custis, whose womanly virtues are as revered as his manly worth; was elected to the Virginia Assembly, and for the next fifteen years devoted his life to the building up of his large estate and the legislative work of the Colonial Assembly. Upon his first appearance in the Virginia Assembly he was voted its unanimous thanks for his able management of the frontier campaigns. Rising to express his grateful apprecia- tion he blushed, stammered in confusion, and was so overcome with modesty that he was unable to reply, when Speaker Rob- inson said, "Sit down, Colonel Washington; your modesty is equal to your valor, and that surpasses the power of any lan- guage I possess." In 1756 the supercilious treatment of the American officers by the British, and the orders as to the rank of those officers, their subordination to the British officers, so exasperated the Americans that to right the matter, Washington undertook the horseback ride of five hundred miles to Boston to confer with General Shirley about it. His fame had preceded him, and at Philadelphia, New York, and other places en route his trip was a continuous ovation, and made many personal friends 430 THE CONSTITUTION AND ITS FEAMEES for him, who were of good service in his after illustrious career. In 1774 he was recalled to public life as a delegate .from Virginia to the Continental Congress, in which he served until made Commander-in-Chief of the American forces in 1775 by the unanimous vote of that congress. On accepting this exalted and perilous position he stated that he would never accept compensation for his services, but would keep an account of his expenses and ask that they only be paid, and this magnanimous resolve of the purest patriot our country ever knew he kept to the close in victory of the Revolution he led. Despite this the dark hours of that seven years' struggle were embittered for him by cabals in the army against him, and criticisms of the most virulent character in the congress. During the winter at Valley Forge, the opposition to him had gathered such force that an order for his deposition from command and arrest was averted by Mr. Duer, from New York, having himself carried on a stretcher, sick and unable to sit up, to the hall of the congress, the support of Francis Lewis from the same state and the timely arrival of Gouver- neur Morris, who joined with his friends in his defense. His triumph was so signal that the very men who joined in this cabal to elevate General Gates to the place of Commander-in- Chief in his stead, were afterwards the loudest in his praise, and gave lifelong regret for their unjust action. At another time the British produced a number of letters, perfect fac- similes of his handwriting and stamping him as a traitor, that were said to have been captured at a certain post where he was stationed in a satchel carried by his body servant, John. The clumsy, yet artful, forgery was exposed when it was shown he had not only not been at that post, but never had such body servant at all. Resigning as Commander-in-Chief at the close of the war, he retired to Mt. Vernon and the hoped-for quiet life of the Virginia planter, followed by the loving, grateful honor of his whole country. THE FKAMEES OF THE CONSTITUTION 43I The framing of the Constitution again called him to his country's service. He was unanimously chosen President of the Convention, and upon the adoption of the Constitution unanimously elected our first President, and in the same man- ner re-elected. He declined to permit his election for a third term, and again retired to Mt. Vernon. In 1798, when war was imminent with France, he was ap- pointed by President Adams Commander-in-Chief of the pro- posed American Army. On December 13, 1799, he was drenched in a cold rain, took pneumonia, and after an illness of a day the stalwart man who had borne uninjured so many hardships in the forests and on the fields of war closed the brightest career in all his coun- try's, if not in the world's history. All America was draped in mourning. The civilized world joined in its grief. "First in war, first in peace, and first in the hearts of his countrymen," he was and always will be en- shrined in America's honor and love. The bitter assaults upon his presidential administration were buried in lasting oblivion. He then became the owner- ship of the ages, the idol of the country to which he had de- voted and for which he had so often staked his life. He was a man of deep religious conviction. His piety was as marked as his courage. The embodiment of truth. The soul of honor. No word or act in his long career ever marred the perfection of this marvelous character. He was over six feet in height, strongly built, a leader in athletic games in his youth, and as strong in muscle as in mind. He was a man of severe dignity, and always exacted the respect due the high positions he held. The beautiful tribute of William Hooper of North Carolina in a letter to Robert Morris, during the Revolution, expresses the calm judgment of history as to his character and career, ''When it shall be consistent with policy to give the history of that man from his first introduction into our service; how often America has been rescued from ruin by the mere strength 432 THE CONSTITUTION AND ITS FEAMEES of his genius, conduct and courage; encountering every ob- stacle that want of money, men, arms and ammunition could throw in his way; an impartial world will say with you, he is the greatest man on earth.. Misfortunes are the elements in which he shines ; they are the groundwork on which his picture appears to the greatest advantage. He rises superior to them all; they serve as forts to his fortitude, and as stimulants to bring into view those great qualities which his modesty con- cealed." Verily it seems that Providence preserved such a character to found the republic of freedom, and form the everlasting model for its youth. Verily, he was ''The Father of his Country," the man whose influence and character contributed most of all to the formation of our Union, whose eulogy is written in the world's love; but whose combination of the cunning of the diplomat, the sagacity of the soldier, the far-sighted, broad-minded abil- ity of the practical statesman, and the wisdom of the philoso- pher, has not yet been fully appreciated. With all the pardon- able pride of an American, it may be truly said that panegyric has been unable to praise him too highly. Hallowed in the perpetual memory of his country, Washington remains still easily the first American. George Wythe George Wythe was born in Elizabeth County, Virginia, in 1726, and died June 8, 1806. The career of this remarkable man, the greatest of Virginia chancellors, a man whose professional and judicial life was so conspicuous for spotless purity and flawless conscience, is a monument to American motherhood that should be forever kept in the familiar view of every American family, as an up- lifting, ennobling and instructive lesson to the American mother, as well as the American boy and man. More than any man of his day he was the fruit of a cultured mother's zealous teaching and self-sacrificing devoted love. His father was a farmer of ample means, yet in the schools THE FRAMEES OF THE CONSTITUTION 433 he never went beyond the mere rudiments of education. His mother was a woman of unusual mental endowment and classical attainment. She taught him Latin, in which she was proficient, studied Greek with him, and was teacher and chum in his acquiring a profound knowledge of grammar, rhetoric, logic, mathematics, and natural and moral philosophy. Losing this devoted mother, as well as his father, just as he reached majority, and inheriting a fortune, he plunged into dissipation and wasted several years in idle excesses. His bit- ter remorse over this folly burdened all his after life. After playing the prodigal during the precious years of early man- hood, his mother's holy memory rescued and turned him toward the upward path of useful honor and integrity she so wisely directed in his youth. He rapidly rose to the head of the Virginia bar, and was as conscientious a lawyer, as just a judge as our country ever knew. He would not undertake an unjust cause for any fee, how- ever large, and if he found he had been deceived, would return what was paid him and abandon the case. Yet his industry and fidelity to a just cause knew no bounds. This gave his appearance in any case extraordinary weight, and when he linked with his known character, ability the most consummate, he became almost irresistible in whatever cause he espoused. He was early elected to the Virginia House of Burgesses, of which he remained a member until the Revolution. That body was then composed of men famous in our his- tory, such as Robert C. Nicholas, Edmond Pendleton, Richard Bland, Peyton Randolph, Richard Henry Lee, Patrick Henry and Benjamin Harrison. His eminent place in such a galaxy of greatness proves his splendid ability. In 1764 he was made one of a committee to prepare a peti- tion to the King; a memorial to the House of Lords; and a remonstrance to the House of Commons on the proposed Stamp Act. The latter was drawn by him and was of such fearless boldness in stating colonial rights that the House of Burgesses, while applauding its courage, hesitated to adopt its language. 434 THE CONSTITUTION AND ITS FRAMEES He was one of the leading spirits who, in 1768, procured the passage of the famous Virginia resolutions, in which was as- serted her exclusive right of taxation, and denunciation of the violation of the British Constitution by Parliament in its op- pressive acts concerning the colonies, and the oppression of trying persons in England for offenses committed in the colonies. This provoked the dissolution by the governor of the House of Burgesses. Wythe was one of the members re-elected and his bold stand against the oppression of the mother coun- try placed his very life in danger. Two Presidents and our greatest Chief Justice were his pupils, and doubtless the' influence of his teachings helped to mould the love of liberty that inspired Thomas Jefferson in his writing of the Declaration of Independence. In 1775 he volunteered as a private soldier to stake his life in support of the cause he had advocated, but Virginia called him to a higher place as a delegate to the Continental Congress. In 1776 he was appointed with Thomas Jefferson, Edmond Pendleton, George Mason and Thomas Ludwell Lee, to revise the laws of Virginia. The death of Lee and resignation of Mason left this great work to Wythe, Jefferson and Pendleton, and after three years' labor they reported one hundred and twenty-six bills, constituting a new code of laws based upon the English common law. In 1777 he was chosen speaker of the House of Delegates and in the latter part of the same year was appointed one of the three judges of the high Court of Chancery of Virginia. Subsequently he was made sole Chancellor and as such filled this exalted station for more than twenty years. His Chancery reports during this time are yet held in highest esteem. After the revolution a case came before him in behalf of British creditors and against the State of Virginia. Popular prejudice was overwhelmingly against the foreign creditor and the entire country deeply interested in his decision. He rose to the supreme height of a just, fearless and impartial judge and decided against the state. THE FEAMEKS OF THE CONSTITUTION 435 During the Revolution he lost most of his property and his salary as Chancellor was not over three hundred pounds an- nually. For a while he added some to this by accepting the professorship of law in the College of William and Mary. Yet during much of his time he gave, without charge, instruction to many young men who became eminent in Virginia history. He emancipated his slaves, and not only gave them free- dom, but sufficient to start them in life. One of his negro boys who displayed unusual ability, he taught the Latin and Greek languages and advanced considerably in the sciences. His life was one of unpretentious modesty, unaffected sim- plicity and evenness of temper. On his deathbed he displayed that entire confidence in the Christian religion, which had been the unprofessed yet distinguishing mark of his life. Strange to say, this kindly, benevolent, learned and tender- hearted man, who never wilfully injured any one, and never failed to help the entire circle of his friends and fellows, died at the hands of some miscreant who administered poison in his food. The charge of his assassination was visited upon his heir, who was indicted for the awful crime, but his acquittal by the jury spares American history the shame of a crime so atrocious having been committed by one in whose veins flowed the blood of such a flawless character. He was one of the great actors in framing the Constitution of the United States, and thereafter twice a member of the Presidential Electoral College of Virginia. He was twice married, his first wife the daughter of Mr. Lewis, an eminent lawyer under whom he studied law; his second a Miss Taliafero. His only child died in infancy. Thomas Jefferson voiced the sentiment of all who knew him, when he paid the following tribute to his memory : "No man ever left behind him a character more venerated than George "Wythe. His virtue was of the purest kind; his integrity inflexible and his justice exact; of warm patriotism, and devoted as he was to liberty, and the natural and equal rights of men, he might truly be called the Cato of his country, without the avarice of the Roman; for a more disinterested 436 THE CONSTITUTION AND ITS FRAMEES person never lived. Temperance and regularity in all his hab- its gave him general good health, and his unaffected modesty and suavity of manners endeared him to every one. He was of easy elocution, his language chaste, methodical in the arrange- ment of his matter, learned and logical in the use of it, and of great urbanity in debate. Not quick of apprehension but with a little time, profound in penetration, and sound in conclusion. In his philosophy he was firm, and neither troubling, nor per- haps trusting any one with his religious creed, he left to the world the conclusion that that religion must be good which could produce a life of such exemplary virtue. His stature was of the middle size, well formed and propor- tioned, and the features of his face, manly, comely and engag ing. Such was George Wythe, the honor of his own, and model of future times." From North Carolina William Blount William Blount was born in Bertie County, North Carolina, March 26, 1749, and died in Knoxville, Tennessee, March 21, 1800. The Blount family, distinguished in North Carolina for over a century previous to his career for patriotism, intelli- gence, enterprise and integrity, was prominent in English his- tory. It was of Norman origin, an early ancestor coming to England with William the Conqueror, who bore the name of Le Blount and acquired large landed estates in England. One of its members, Sir Walter Blount, was created a Baronet in 1642. The American ancestor, Thomas Blount, came to Virginia in 1664. Jacob Blount, father of William, removed to North Carolina, became one of its wealthiest men, and was a distin- guished member of its legislature, in 1775-1776. After several years of active service in the legislature, William Blount was elected to the Continental Congress in THE FRAMEES OF THE CONSTITUTION 437 1782, and re-elected in 1783, 1786 and 1787, taking a prominent part in its proceedings. Governor Richard Caswell was chosen a delegate to the Constitutional Convention, but his duties preventing his at- tendance he appointed Mr. Blount a delegate in his stead. While he took an active and influential part in that conven- tion, he was not satisfied with the result and stated that he would not sign so as to pledge himself to the support of the plan, but was relieved by the form of signing proposed, and would, without committing himself, attest the fact that the plan was the unanimous act of the States in Convention. He was a member of the North Carolina Convention that ratified the Constitution. In 1790 he was appointed by Washington governor of the territory south of the Ohio River, and founded the city of Knoxville, Tennessee, the first capitol of the State and his future home. He was chosen President of the Convention called by him to frame the Constitution under which Tennessee was admitted into the Union, and was elected one of the first United States Senators from that State in 1796. At that time intense hostility to Spain was felt by the peo- ple of the southwest territory on account of the obstructions to the navigation of the lower Mississippi by that country, to which it belonged. In July, 1797, President Adams sent a message to Congress that the nation was in a critical condition, that a conspiracy had been formed to wrest New Orleans and the Floridas from the King of Spain, and transfer them to the British crown, and that an intercepted letter of Senator Blount showed that he was engaged in the conspiracy, and had endeavored to insti- gate the Creek and Cherokee Indians to join in the movement. Our country's relations with Spain were friendly and cordial. The National House of Representatives preferred articles of impeachment against him for this action toward a friendly nation. Instead of trying him upon these articles, the United States Senate took its own course and expelled him — the first 438 THE CONSTITUTION AND ITS FEAMEES instance in our history of the expulsion of a Senator. When the Sergeant-at-Arms of the United States Senate went to Tennessee to arrest and take him to Philadelphia for trial un- der the articles, of impeachment, he refused to go or suffer arrest, and not a man in the state would aid the luckless officer, who was forced to return without him. He was tried in 1798, Jared Ingersoll and George M. Dallas defending him, and was acquitted on the ground that he was no longer a Senator and the tribunal had no jurisdiction. This charge increased his popularity in Tennessee. He was elected to the Senate of that state and unanimously chosen President of that body. He married Mary, the accomplished daughter of General Caleb Granger, of Wilmington, North Carolina, and the county seat of the county named after him in Tennessee was called Maryville, not only upon his request, but by the willing honor of the people of the county to this estimable woman. He was a man of imposing appearance, ripe culture, and abundant means, and indulged a generous hospitality that added to his popularity. His son, W. Granger Blount, was a member of Congress from Tennessee from 1815 to 1819 ; his only daughter became the first wife of the celebrated General E. C. Gaines, of Tennessee. William Richardson Davie William Eichardson Davie was born at Whitehaven, Eng- land, January 20, 1756. He came, with his father, to South Carolina in 1764; was adopted by his uncle. Rev. William Richardson, and educated at Princeton, graduating in 1776. At once, with a party of fellow students, he volunteered in the Continental Army. At the close of his period of service he entered upon the study of law at Salisbury, North Caro- lina; again entered the army in 1779 as lieutenant; rose to command of his troop, and joined Pulaski's legion; was so se- verely wounded at the battle of Stone Ferry that he was forced to leave the army and returned to Salisbury to practice his THE FRAMEES OF THE CONSTITUTION 439 profession. This his patriotic zeal could not endure. In 1780 he raised a body of cavalry, spent his last dollar in its equip- ment, and with this force protected the southwestern part of his state from British invasion. He took part in the battles of Hanging Rock and Rocky Mount, and rose to the rank of colonel commanding the cav- alry in North Carolina ; accompanied General Greene through- out his w^iole southern campaign, and at his solicitation be- came commissary general of the army in the South. He was repeatedly elected to the North Carolina Legisla- ture, and was known as the first orator of that body. His brilliant military career gave him prestige and his culti- vated native ability made him a power in whatever cause he espoused. Said Judge Murphy of the Supreme Court of North Caro- lina : "Davie took Lord Bolingbroke for his model, and applied himself with so much diligence to the study of his master that literary men could easily recognize his lofty and flowing style. He was a tall, elegant man in his person, graceful and commanding in his manners. His voice was mellow and adapted to the expression of every passion. His style was magnificent and flowing. He had a greatness of manner in public speaking, which suited his style and gave his speeches an imposing effect. He was a laborious student, and arrangecf his discourses with care, and, when the subject suited hii> genius, poured forth a torrent of eloquence that astonished and enraptured his audience. They looked upon him with de- light, listened to his long, harmonious periods, caught his emo- tions, and indulged that ecstasy of feelings which fine speak- ing and powerful eloquence alone can produce. He is cer- tainly to be ranked among the first orators whom the Amer- ican nation has produced." Returning to his profession at the close of the war, his career in it was as conspicuous as his military services had been brilliant. "When war was threatened between the United States and 440 THE CONSTITUTION AND ITS FRAMEES France in 1798 he was appointed a brigadier general in the United States army, and prepared a system of cavalry tactics which was published and used in the service. In 1799, with Chief Justice Ellsworth, he was one of the special envoys of the United States to France to arrange a treaty of peace and amity. Three times he served in settling the disputed boundary between North and South Carolina. He was governor of North Carolina, and one of the most distinguished and influential the state ever had. He drew the act establishing the University, of North Caro- lina; was a member of the board of trustees; as grand master of the Masons laid the cornerstone and personally saw to the erection of its buildings and the selection of its faculty. In all that related to the educational advancement of his state he was constantly'' active. While active as a framer, and ardent as a supporter of the ratification of the Constitution by his state, that at first de- feated it, serious illness in his family called him home, prevent- ing his presence at the time it was signed. Soon after his return as special envoy to France he lost his wife. This lady, a daughter of Gen. Allen Jones, was a woman of excellent culture and lovely character, whose death shadowed his after life. He had been one of the most influential and laborious servi- tors of his state as legislator, soldier, governor, and represen- tative in the Constitutional Convention. Upon her death he removed to his estate near Camden, South Carolina, declined all public position, devoted himself to the care and education of his children, and passed to his final reward November 8, 1820. Alexander Martin Alexander Martin was born in New Jersey in 1740, and died at Danbury, North Carolina, November, 1807. When a child his parents removed to North Carolina. He graduated at Princeton in 1756. In 1772 he was elected to the THE FRAMEES OF THE CONSTITUTION 441 North Carolina Assembly, and in 1774-1775 to its Provincial Congress. In 1776 he was appointed colonel of the Second North Carolina regiment and took part in the battles of Ger- mantown and Brandywine, but was courtmartialed and dis- missed from the service for hiding behind a tree during one of the engagements of his command. From 1779 to 1782, 1785 to 1788, he was a member of the state senate, during most of the time president of that body, and in 1781, during Governor Burke's captivity, acting gov- ernor. In 1782, and again in 1789, he was elected governor, and in 1793 was elected to the United States Senate. Richard Dobbs Spaight Richard Dobbs Spaight was born in Newbern, North Caro- lina, March 25, 1758, there made his home, and there died September 6, 1802. His ancestry was distinguished. His father was secretary and clerk of the crown, an office next in rank to that of the governor; his mother, the sister of Arthur Dobbs, governor of the province from 1754 to 1766, Left an orphan at the age of eight years, he was sent to Ire- land to be educated, completing his collegiate course at Glas- gow, Scotland. After an absence of twelve years devoted to education, he returned to his native land, at once entered the army, became aid-de-camp to General Richard Caswell, and took an active part in the campaigns in the Carolinas. A kinsman. Captain William Spaight, took part on the British side at the battle of Bunker Hill. From 1781 to 1783 he was a member of the North Carolina Legislature, the latter year being elected to the Continental Congress. He was one of the most active members of the Constitu- tional Convention ; favored the election of United States sena- tors by the state legislatures; proposed a term of seven years for senators and President, and opposed a constitutional pro- vision requiring more than a majority vote of Congress to pass 442 THE CONSTITUTION AND ITS FEAMEES a navigation act. "With Davie and other illustrious men he labored in vain to secure the ratification of the Constitution by his state in 1788. It was upon his invitation that "Washington visited North Carolina the next year and gave an impetus to the ef- forts of her patriot sons that secured the desired ratification and made that state the twelfth to enter the Union. In 1792 he was elected to the state legislature, and by that body elected governor — the first native of the state to fill that high position. From 1797 to 1801 he was a member of the United States House of Kepresentatives. He was an ardent supporter of Thomas Jefferson. In the heated campaign of 1802 he was challenged by his opponent, John Stanley, to fight a duel, which took place September 5 of that year. Governor Spaight was mortally wounded and died the next day. His untimely death at so early an age, when his previous brilliant career gave high promise of growing distinction, was universally mourned. His eldest son, who bore his name, became a leading states- man of his state, member of Congress and governor ; his daugh- ter the wife of Judge John R. Donnell. He was a man of extraordinary natural talent and splendid culture, ranking with the ablest men of his day. Heredity and environment gave him taste and aptitude for public affairs, his educational preparation and constant study fitting quali- fication for the great duty that devolved upon a framer of our country's Constitution. Hugh Williamson Hugh "Williamson, a Scotch-Irishman, who came to Pennsyl- vania from Dublin in 1730. Hugh, his eldest son, was born in Chester county, Pennsylvania, December 5, 1735. He was a delicate child, and this induced his father to give him a lib- eral education. He was first sent to the school of the cele- THE FKAMEES OF THE CONSTITUTION 443 brated Eev. Francis Allison, under whom, among many fa- mous men, Charles Thomson, secretary of the old Congress during its entire existence ; Thomas McKean and Dr. Benjamin Rush, had their early tutelage. Thence he was sent to the academy at Newark, Delaware, and from there to the College of Philadelphia, where he graduated in 1757. He then studied theology under Dr, Samuel Finley, and was licensed but not ordained as a minister of the Presbyterian church, the dispute in the church at that time causing him to abandon the minis- try. He then began the study of medicine, and from 1760 to 1764 was professor of mathematics in the College of Philadel- phia. In 1764 he resigned this professorship and went to the University of Edinburgh, Scotland, to pursue his medical edu- cation ; spent a year thereafter in London, and completed his course at Utrecht, Holland. Devoting some time to travel in Europe, he returned to his native land and began the practice of medicine in Philadelphia. On account of his rare scholarship he was chosen a member of the American Philosophical Society, and with David Ritten- house. Dr. Ewing and Charles Thomson took observations on the transits of Venus and Mercury in 1769. In 1773 he again visited Europe in behalf of the Newark Academy. During this visit hostilities broke out, and Lord North said he was the first person to predict in his hearing that coercive measures by Parliament would result in civil war. He was the man M^ho procured the letters of Hutchinson, Oliver and others and gave them to Franklin, who sent them to Boston, for which Wedderburne, before the Privy Council, called Franklin a thief. "When independence was declared he returned to America and engaged in business with his brother at Edenton, North Carolina. When the North Carolina troops went to the relief of South Carolina he accompanied them as surgeon. After the battle of Camden, he requested General Caswell to give him a 444 THE CONSTITUTION AND ITS FRAMEKS flag that he might go and attended the wounded North Caro- lina prisoners. The general advised him to send a subordinate, as his duty did not require him to go. He replied that those he had seen refused to go on account of fear of the conse- quences, adding, "I will go. If I have lived until our flag will not protect me I have outlived my country; and in that case have lived a day too long." He went; remained two months in the enemy's camp; attended friend and foe alike, and won the grateful regard of both armies. He continued his residence at Edenton and served in the House of Commons of North Carolina for several terms, and was three times elected to the Congress of the Confederation. He was a delegate from North Carolina to the Annapolis and the Constitutional conventions; was a zealous advocate of the Constitution, and had the gratification of being a member of his state's convention that adopted it. He was sent by North Carolina to the first and second Congresses of the United States under the Constitution. In 1789 he married Miss Maria Apthorpe, of New York, and removed to that state, where he became a writer on philo- sophic subjects ; an advocate of the great canal system of New York, and a promoter of the educational system as well as many scientific and philanthropic institutions and enterprises of the state. In 1812 he published a history of North Carolina. He was a man of great intellectual industry and sterling Christian character; a profound scholar; a life-long worker for the uplifting of mankind, and the intellectual development of the communities where he lived, as well as their material advancement. His day and time knew no more useful life. He died at New York, May 22, 1819, and an eloquent tribute to his useful life and honored memory by the eminent Dr. Hosack has a place among the treasures of the New York His- torical Society. He left no descendants, his two sons dying in childhood. THE FEAMEES OF THE CONSTITUTION 445 From South Carolina Pierce Butler Pierce Butler was born in Ireland, July 11, 1744, and died at Philadelphia, February 15, 1822. He was the son of Sir Richard Butler, fifth baronet of the family of the dukes of Ormond, and member of Parliament from 1729 to 1761. His pride in his ancestry subjected him to no little ridicule among the rugged patriots, whose abiding faith was that all men are created free and equal. He entered the British army at an early age, rose to the rank of major, and for many years was stationed in that army at Boston. Marrying a daughter of Colonel Middleton, of South Caro- lina, in 1768, he resigned from the army, and in 1773 removed to South Carolina. Of superior oratorical and cultured accom- plishments, he became one of that state's most famous law- yers. In 1787 he was elected to both the Continental Congress and the Constitutional Convention. He favored the "Vir- ginia" plan; opposed the triple, supported the proposition of a single executive, or president, and with hereditary bent contended that property should be the only basis for repre- sentation in the United States Congress. He was United States senator from South Carolina from 1789 to 1796, when he resigned, and again filled that position from 1802 to 1804, when he again resigned. He was one of the opposition to Washington's administra- tion, but voted to ratify the ''Jay Treaty," and was a director in the first and second United States bank. In him the aristocrat joined with our democratic fathers in founding our free republic and framing its Constitution. Charles Pinckney No family in America was more distinguished for purity of private and public life ; for zealous patriotism ; for unflinch- ing courage, and for splendid ability, than that of the Pinek- neys. 446 THE CONSTITUTION AND ITS FEAMEES All were inspired with a loftiness of purpose and inflexi- bility of principle that made their lives glorify our country's history. They were people of means and station, yet none more humbly and sincerely worshiped the God of our fathers, ex- hibited fewer of the vanities that attend wealth and station, or cherished a sincerer regard for the rights of the plain peo- ple, of whom they ever considered themselves a part. They, as the other great historic characters of the day, thought no public place of insignificant honor and gave to their state legislatures the same devoted zeal and laborious effort that shone so conspicuously on the stage of national action. Some of them even retired from the National Congress to help frame their state laws, and left legacies of state honor as precious as their great achievements in the broader field of national life. Of such was Charles Pinckney, who was born in South Carolina, October 26, 1757, and died October 29, 1824. Beginning his public career in the South Carolina Legisla- ture in 1779, he was almost continuously in official station until he retired from Congress in 1820. Many years of this period he served in the state legislature. Four times, in 1789, 1791, 1796, and 1806, he was elected governor. Three times, in 1784, 1785, and 1786, he was elected to the old Congress. In 1798 he was elected to the United States Senate to fill an unexpired and full term, but resigned on being appointed minister to Spain by President Jefferson in 1801. While on this mission he negotiated the treaty with Spain whereby that nation relinquished all claim to the territory known as the "Louisiana Purchase." Upon his return from this important post he was elected governor; after his re-election to the governorship was again, in 1812, returned to and rendered his final services in the state legislature. He took an active part in the battles of the Revolutionary THE FRAMEKS OF THE CONSTITUTION 447 war at and around Charleston ; at the fall of that city he was made a prisoner and suffered two years' confinement. He was the founder of the Democratic party in South Caro- lina, and for many years the leader of those who espoused the political doctrines of Thomas Jefferson. His last noted service in the United States Congress was in 1820 in one of the ablest arguments ever made against the ''Missouri Compromise." He was one of the few Southern statesmen who opposed that measure, and correctly foresaw what it would result in. From their viewpoint he was correct. But scant justice has been done this able and eminent statesman. His draft of a constitution presented to the Con- stitutional Convention was by far the most comprehensive and systematic of all. It was the golden mean between the four plans advocated. He was the youngest proponent. So much of the arrangement and so many of the provisions of what he submitted appear in the Constitution that he might appro- priately be called the "Father of the Constitution," and to South Carolina might properly be accorded the leadership in^ the preparation of that immortal instrument. He was only twenty-nine years old when appointed by the legislature one of the four delegates to the Federal Conven- tion. Young as he was, and surrounded, too, as he was by the most eminent sages and statesmen of the country, to have as- sumed and maintained such a position in such a body as to have caused their work literally and emphatically to be identi- fied with him as his, is certainly an honor of no ordinary char- acter. In reference to this part of his life Mr. Pinckney fre- quently spoke of the deep diffidence and solemnity which he felt, being next but one to the youngest member of the body, whenever he addressed the Federal Convention. In all history there has been no stranger or more remark- able omission, in public memory no such lapse, as of Pinckney 's part in the Constitutional Convention. Two plans are always mentioned — the "Virginia," or Na- tional plan; the "New Jersey/' or State Supremacy plan. 448 THE CONSTITUTION AND ITS FEAMEES The former, with some frequency, has been said to be the work of Thomas Jefferson. He settles this himself in his let- ter, while President in 1802, to Joseph Priestly : ''I was in Europe when .the Constitution was planned, and never saw it until after it was established. On receiving it I wrote strongly to Mr. Madison, urging the want of provision for the freedom of religion, freedom of the press, trial by jury, habeas corpus, and the substitution of militia for a standing army, and an express reservation to the state of all rights not specifically granted to the Union. He accordingly moved in the first session of Congress for these amendments, which were agreed to and ratified by the states as they now stand. This is all the hand I had in what related to the Constitution." There can be no doubt but that the revision of the Articles of Confederation had been discussed with him by the actual compiler of the "Virginia Plan," James Madison, during the anxious years preceding, as they more and more proved their own inadequacy. He was too great, too devotedly wrapped up in his country's destiny and his country's good not to have been consulted on a measure of such moment by the states- ment of any, and, above all, by those of his own state, but with the ''plan" submitted had nothing to do. Madison did not alone originate, but he did condense and express in this plan the consensus of the views of the great men who favored a better form of national government. Jefferson's fame — his greatness — ^needs no such borrowed plumage. Virginia was then the most prominent, populous and powerful state. Her favorite son was the favorite son — the i(jol — of all America. Another was the first President of the Continental Congress. Another then held that exalted station and was to be the last occupant of it. Another had proposed and another had prepared the immortal Declaration of Inde- pendence. Another had thrilled every American heart with his burning eloquence, and inspired every loyal soul with the war cry, "Give me liberty or give me death." THE FEAMEES OF THE CONSTITUTION 449 Her past, her present, her prominence and power gave prestige to every move she proposed. Madison, modest to a fault, weak of voice, retiring in dis- position, small of frame and stature, was of her younger and less known sons. His future was all in front of him. Edmund Randolph, the man of majestic presence, of splen- did voice, of lordly carriage, as governor, was the highest rep- resentative of this great state. The event, one of, if not the most, momentous in our history. To him, therefore, was con- fided the presentation of the plan as so prepared by Madison, and grandly did he discharge the duty. Hence it overshadowed the great work of Pinckney that more largely entered into the durable shape of the adopted Constitution. The ''New Jersey" plan, presented by William Paterson, was the unit of support by the smaller states, and those who from hereditary predilections favored a supreme state sov- ereignty, and feared the re-enthronement of a central despotism in a supreme central or national government. This gave it prominence. The two theories have ever since, probably always will, divide the opinions and sentiments of our people. Pinckney 's plan, the work of a man next to the youngest in that convention, and representing one of the smaller states, became absorbed in and swallowed up by the "Virginia" plan, and so his great part lost to memory. As a public speaker he was dignified, commanding and impressive. His eminent ability was accompanied and recom- mended by the remarkable persuasiveness and courtesy of his manner, and the invariable fairness of his arguments, and the justice which he never failed to render to an opponent. His voice was uncommonly clear, musical and sonorous. There were often times when he was very ardent, and impassioned and his speaking rose to the very highest order of eloquence. Hence his powerful influence as a public man. He was em- phatically the founder and for a long time the leader of the old Republican party of South Carolina. He warmly advo- 450 THE CONSTITUTION AND ITS PRAMEES cated the abolition of the primogeniture laws. It was princi- pally owing to his influence and exertions in the convention which formed the South Carolina Constitution, that the civil and political disabilities which had all along previously been imposed upon the Hebrews were removed and no longer suf- fered to disgrace that state. As governor he first recommended the establishment of free schools in a message to the legisla- ture, in which he eloquently depicted the advantages of a gen- eral system of popular education. Nor was there any project or enterprise, generally speaking, of a patriotic or public spirited description, calculated to reflect honor on the state or to promote the welfare of the people, which did not find in him an enlightened friend and firm supporter. He was a man of great personal dignity. He was a delightful, convivial companion. His conversational powers were perhaps never excelled. There was a charm about him, which arose partly from his fascinating manners and his sweet musical voice, but principally, perhaps from the vast fund of knowledge, infor- mation and anecdote which he possessed, of almost every kind and character, and from the remarkable readiness, ease and power with which he could either impart instruction, enter into argument, or contribute to amusement. He was a man of high-toned sentiment and sterling in- tegrity, loved and admired by his friends, bitterly opposed and impugned by his enemies, and one whom his country always delighted to honor through all the vicissitudes of his varied and eventful life. He married Miss Mary Laurens, by whom he had three children, Frances Henrietta, who married Hon. Eobert G. Hayne, Daniel "Webster's opponent in the most famous debate in American history; Mary Eleanor, who married David Eam- sey, and Henry Laurens. The following plan of the Constitution that he proposed, when compared with the others and that adopted, will prove that it was the chief skeleton about which was built the body of the instrument that has grown in the regard of all man- kind, and that we fervently hope may endure for all time : THE FKAMEES OF THE CONSTITUTION 451 (From Madison's Journal of the Federal Constitution.) Mr. Charles Pinckney laid before the House the draft of a Federal government which he had prepared to be agreed upon between the free and independent States of America, PLAN OF A FEDERAL CONSTITUTION We, the people of the States of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, do ordain, declare, and establish the following Constitution, for the govern- ment of ourselves and posterity. Article I The style of this government shall be the United States of America, and the government shall consist of supreme legislative, executive and judicial powers. Article II The legislative power shall be vested in a Congress, to consist of two separate Houses; one to be called the House of Delegates, and the other the Senate, who shall meet on the day of in every year. Article III The members of the House of Delegates shall be chosen every year by the people of the several States and the qualifications of the electors in the several States for their Legislatures. Each member shall have been a member of the United States for years, and shall be of years of age, and a resident in the State he is chosen for. Until a census of the people shall be taken in the manner hereinafter mentioned, the House of Delegates shall consist of , to be chosen from the different States in the following proportions: For New Hampshire, ; for Massachusetts, ; for Rhode Island, ; for Connecticut, ; for New York, ; for New Jersey, ; for Pennsylvania, ; for Delaware, ; for Maryland, ; for Virginia, ; for North Carolina, ; for South Carolina, ; for Georgia, ; and the Legislature shall hereinafter regulate the number of Delegates by the number of inhabitants according to the provisions hereinafter made, at the rate of one for every thousand. All money bills of every kind shall originate in the House of Delegates, and shall not be altered by the Senate. The House of Delegates shall exclusively possess the power of impeach- ment, and shall choose its own officers, and vacancies therein shall be 452 THE CONSTITUTION AND ITS FEAMEES supplied by the executive authority of the State in the representation from which they shall happen. Article IV The Senate shall be elected and chosen by the House of Delegates ; which House, immediately after their meeting, shall choose by ballot Senators from among the citizens and residents of New Hampshire; from among those of Massachusetts; from among those of Ehode Island; from among those of Connecticut; from among those of New York; from among those of New Jersey; from among those of Pennsylvania; from among those of Delaware; from among those of Maryland; from among those of Virginia; from among those of North Carolina; from among those of South Carolina; and ■_ — from among those of Georgia. The Senators chosen from New Hampshire, Massachusetts, Ehode Island and Connecticut shall form one class; those from New York, New Jersey, Pennsylvania and Delaware, one class; and those from Maryland, Virginia, North Carolina, South Carolina and Georgia, one class. The House of Delegates shall number these classes one, two and three; and fix the times of their service by lot. The first class shall serve for years; the second for years; and the third for years. As their times of service expire, the House of Delegates shall fill them up by elections for years; and they shall fill all vacancies that arise from death or resignation, for the time of service remaining of the members so dying or resigning. Each Senator shall be years of age at least, and shall have been a citizen of the United States for four years before his election, and shall be a resident from the State he is chosen from. The Senate shall choose its own officers. Article V Each State shall prescribe the time and manner of holding elections by the people for the House of Delegates; and the House of Delegates shall be the judges of the election returns and qualifications of their members. In each House a majority shall constitute a quorum to do business. Freedom of speech and debate in the Legislature shall not be impeached or questioned, in any place out of it; and the members of both Houses shall in all cases except for treason, felony or breach of the peace be free from arrest during their attendance on Congress and in going to and returning from it. Both Houses shall keep journals of their proceedings and publish them, except on secret occasions; and the yeas and nays may be entered thereon at the desire of one of the members present. Neither House with- out the consent of the other shall adjourn for more than days, nor THE FRAMEES OF THE CONSTITUTION 453 to any place but where they are sitting. The members of each House shall not be eligible to, or capable of holding any office under that union, during the time for which they have been respectively elected; nor the members of the Senate for one year thereafter. The members of each House shaU be paid for their services by the States which they represent. Every bill which shall have passed the Legislature shall be presented to the President of the United States for his revision; if he approves it, he shall sign it ; if he does not ap^)rove it he shall return it, with his objec- tions, to the House it originated in, which House, if two-thirds of the members present, notwithstanding the President 's objections, agree to pass it, shall send it to the other House, with the President's objections, where, if two-thirds of the members present also agree to pass it, the same shall become a law. All bills sent to the President and not returned by him within days shall be laws where the Legislature, by their adjourn- ment, prevent their return, in which case they shall not be laws. Article VI The Legislature of the United States shall have the power to lay and collect taxes, duties, imports and excises. To regulate commerce with all nations, and among the several States: To borrow money and emit bills of credit; To establish postoffices; To raise armies; To build and equip fleets; To pass laws for arming, organizing and disciplining the militia of the United States; To subdue a rebellion in any State, on application of its Legislature; To coin money and regulate the value of all coins, and fix the standards of weights and measures; To provide such dock yards and arsenals, and erect such fortifications as may be necessary for the United States and to exercise exclusive juris- diction therein; To appoint a Treasurer, by ballot; To constitute tribunals inferior to the Supreme Court; To establish post and military roads; To establish and provide for a National University at the seat of government of the United States; To establish uniform rules of naturalization; To provide for the establishment of a seat of government for the United States not exceeding miles square, in which they shall have exclusive jurisdiction ; To make rules concerning captures from an enemy; To declare the law and punishment of piracies and felonies at sea, and of counterfeiting coin, and of all offences against the laws of nations; 454 THE CONSTITUTION AND ITS FEAMEES To call forth the aid of the militia to execute the laws of the Union, er force treaties, suppress insurrections, and repel invasions; Arid to make all the laws for carrying the foregoing powers into execution. The Legislature of the United States shall have the power to declare the punishment of treason, which shall consist only in levying war against the United States, or any of them, or in adhering to their enemies. No person shall be convicted of treason but by the testimony of two witnesses. The proportion of direct taxation shall be regulated by the whole num- ber of inhabitants of every description; which number shall, within years after the first meeting of the Legislature, and within the term of every year after, be taken in the manner to be prescribed by the Legislature. No tax shall be laid on articles exported from the States; nor capitation tax, but in proportion to the census before directed. All laws regulating commerce shall require the assent of two-thirds of the members present in each House. The United States shall not grant any title of nobility. The Legislature of the United States shall pass no law on the subject of religion, nor touching or abridging the liberty of the press; nor shall the privilege of the writ of habeas corpus ever be suspended, except in ease of rebellion or invasion. All acts made by the Legislature of the United States, pursuant to this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the land; and all judges shall be bound to consider them as such in their decisions. Article VII The Senate shall have the sole and exclusive power to declare war and to make treaties ; and to appoint ambassadors and other ministers to foreign nations, and Judges of the Supreme Court. They shall have the exclusive power to regulate the manner of deciding all disputes and controversies now existing, or which may arise, between the States, respecting jurisdiction or territory. Aeticle VIII The executive power of the United States shall be vested in a President of the United States of America, which shall be his style, and his title shall be His Excellency. He shall be elected for years, and shall be reeligible. He shall from time to time give information to the Legislature of the state of the Union and recommend to their consideration the measures he may think necessary. He shall take care that the laws of the United States shall be duly executed. He shall commission all the officers of the THE FRAMEES OF THE CONSTITUTION 455 United States and, except as to ambassadors, other ministers, and Judges of the Supreme Court, he shall nominate, and, with the consent of the Senate, appoint all other officers of the United States. He sjiaW receive public ministers from foreign nations, and may correspond with the executives of the different States. He shall have power to grant pardon and reprieve, except in impeach- ments. He shall be Commander-in-Chief of the Army and Navy of the United States, and shall receive a compensation which shall not be increased or diminished during his continuance in office. At entering on the duties of his office he shall take an oath faithfully to execute the duties of the President of the United States. He shall be removed from his office by the House of Delegates, and conviction in the Supreme Court, of treason, bribery, or corruption. In case of his removal, death, or resignation or disability, the President of the Senate shall exercise the duties of his oflBce until another President be chosen. And in case of the death of the President of the Senate, the Speaker of the House of Delegates shall do so. Article IX The Legislature of the United States shall have the power, and it shall be their duty to establish such courts of law, equity and admiralty as shall be necessary. The judges of the courts shall hold their offices during good behavior, and receive a compensation, which shall not be increased or diminished during their continuance in office. One of these courts shall be termed the Supreme "Court, whose jurisdiction shall extend to all cases arising under the laws of the United States, or affecting ambassadors, other public min- isters and consuls, to the trial of impeachment of officers of the United States, to all cases of admiralty, and maritime jurisdiction. In cases of impeachment, affecting ambassadors and other public min- isters, this jurisdiction shall be original; and in all other cases appellate. All criminal offences, except in cases of impeachment, shall be tried in the State where they shall be committed. The trials shall be open and public, and shall be by jury. Article X Immediately after the first census of the people of the United States, the House of Delegates shall apportion the Senate by electing for each State, out of the citizens resident therein, one Senator for every members; each State shall be entitled to have at least one member in the Senate. 456 THE CONSTITUTION AND ITS FRAMEES Article XI No State shall grant letters of marque and reprisal, or enter into treaty, or alliance, or confederation; nor grant any title of nobility; nor without the consent of the Legislature of the United States lay any imposts on imports, nor keep troops or ships in time of peace; nor enter into compacts with other States or foreign powers; nor emit bills of credit; nor make anything but gold, silver, or copper, a tender in payments of debts; nor engage in war, except for self defense when actually invaded, or the danger of invasion be so great as not to admit of a delay until the government of the United States can be informed thereof. And to render these prohibitions effectual, the Legislature of the United States shall have the power to revise the laws of the several States, that they may be supposed to infringe the powers exclusively delegated by this Constitution to Congress, and to negative and annul such as do. Article XII The citizens of each State shall be entitled to all privileges and im- munities of citizens in the several States. Any person charged with crimes in any State, fleeing from justice to another, shall on demand of the execu- tive of the State from which he fled, be delivered up, and removed to the State having jurisdiction of the offense. Article XIII Pull faith shall be given in each State to the acts of the Legislature and to the records and judicial proceedings of the courts and magistrates of every State. Article XIV On the application of the Legislature of a State, the United States shall protect it against domestic insurrection. Article XV If two-thirds of the Legislatures of the States apply for the same, the Legislature of the United States shall call a convention for the purpose of amending the Constitution, or, should Congress, with the consent of two-thirds of each House, propose to the States amendments to the same, the agreement of two-thirds of the Legislatures of the States shall be sufficient to make the said amendments parts of the Constitution. The ratification of the conventions of States shall be sufficient for organizing this Constitution. Ordered, that the said draft be referred to the Committee of the Whole appointed to consider the state of the American Union. THE FEAMEKS OF THE CONSTITUTION 457 Charles Cotesworth Pinckney Charles Cotesworth Pmekney was born at Charleston, South Carolina, February 25, 1746, and there died August 16, 1825. His father, Charles Pinckney, was chief justice of South Carolina. At seven years of age he was sent to England to be edu- cated, and passed up from Westminster to Oxford, and then to the Temple where he completed his law course, thereupon tak- ing a course in the Royal jVIilitary Academy at Caen, France. After an absence of sixteen years he returned to Charleston in 1769, became attorney-general of the state, and in 1775 a member of the first provincial congress, by which he was com- missioned a captain and soon after colonel. After the gallant defense of Fort Moultrie he joined the northern army, and served as aide to Washington at Brandywine and German- town. In 1778 he rejoined the army of the South and took part in the unsuccessful expedition to Florida. In 1779 he was president of the senate of South Carolina. Again returning to the army, he displayed great courage and military skill in a rapid march against Gen. Prevost that saved Charleston from capture by that commander, and took a gallant part in the invasion of Georgia and the attack upon Savannah. In the siege of Charleston in 1780 he was at first in com- mand of Fort Moultrie, but returned to the city to help sustain the siege. In the council of war he voted "for the rejection of all terms of capitulation, and for continuing hostilities to the last extremity." On the surrender of Charleston he was taken prisoner, and kept in rigorous confinement for two years. During this time his son died, and the severities of his imprisonment were increased. Instead of subduing, this intensified his patriotic devotion. His answer to his captors, "My heart is wholly 458 THE CONSTITUTION AND ITS FEAMERS American, and neitlier severity, nor favor, nor affluence, nor poverty can ever induce me to swerve from it," illustrated the unselfish loyalty that achieved our independence. While serving as one of the three special envoys to France, in the effort to effect a reconciliation and avert the war im- pending' between the two countries, he was informed that the use of money would secure the object of the mission of our envoys. His reply, ' ' Millions for defense, but not one cent for tribute," spoke the manly sentiment of the American heart, and has been a watchAvord from that day to this. Pinckney began his career in the Eevolutionary War as a volunteer, and closed it as a major-general. When war was impending with France President Adams appointed Wash- ington commander-in-chief, at his instance, Hamilton senior major-general, and Pinckney major-general, second to Ham- ilton. Some partial friend complained to Pinckney of this inferiority in rank. His lofty and unselfish spirit of patriotic devotion burst forth in: "Let us first dispose of our enemies; we shall then have leisure to settle the question of rank." Washington offered him, at different times during his administration, and he declined the positions of associate jus- tice of the supreme court of the United States, secretary of state and secretary of war. He was efficient in the preparation of the Bill of Rights and the constitution of South Carolina. He was the first president of the board of trustees of the College of South Carolina ; for fifteen years the president of the Charleston Bible Society; and a dcA^oted worker in the Christian and educational upbuilding of his state. Of him Charles Chauncey said : ''Plis love of honor was greater than his love of power, and deeper than his love of self." Theodore Eoosevelt, in his "Life of Gouverneur Morris," he was "The ablest member of the brilliant and useful but unfortunately short-lived school of South Carolina Federal- ists." He was as ardent a Federalist as his cousin, Charles Pinckney, was a Democrat; was a candidate for Vice-President THE FKAMEES OF THE CONSTITUTION. 459 in 1800, and for President in 1804 and again in 1808; and was third president of the Society of the Cincinnati. He is claimed to be the anthor of the clanse in the constitu- tion forbidding that a religious test be made for any office under our government. He wished United States senators to serve without salary, and that body to represent the property interests of the country, holding that the senate should be composed of persons of wealth and above the temptations of poverty. During one of the sessions of the convention, Pinckney said he had himself prejudices against the eastern states before this, but must acknowledge that he had found their representatives as liberal and candid as any men what- ever. This honest confession of one of the most eminent of American statesmen shows the educating development of the convention upon its members, and teaches a lesson that should be cherished. The contact and communion of the people of the different states have ever taught the oneness of our people and the baseless foundation of sectional prejudices. John Rutledge John Rutledge was born in Charleston, South Carolina, in 1739, and there died July 30, 1800. His father, Dr. John Rutledge, an Irish physician, came to Charleston in 1734, married a girl of fortune, who at fifteen was the mother of the boy who became the immortal Framer, and who at twenty-six was left a widow with seven children, he the eldest. "Well might this noble mother, like the Roman Cornelia, point to her sons, John, the Framer, congressman, governor, chief justice of his state and the United States ; and Edward, signer of the Declaration of Independence, offered and declined a seat as Justice of the Supreme Court of the United States, and borne to his tomb from the governor's chair of South Carolina, and say, "these are my jewels" — jewels that forever crown the brow of herself and her country. After an excellent classical education, John Rutledge spent three years at the world's most famous law school, the Temple, London. What an imposing array of talent then glorified 460 THE CONSTITUTION AND ITS PRAMEBS English history, and prepared and prompted this ambitious youth to high exertion! Mansfield was presiding on the King's bench. Henley, afterward Lord Nottingham, was Lord Keeper of the Privy Seal. Pralt, afterward Lord Chancellor and Earl of Camden, was Attorney-General. Burke was beginning that renowned career that the whole world honors. Thurlow was rising to his splendid, enduring fame. No idle listener to these learned men was John Rutledge. He bent every energy of a born ability to his books, to earnest attention to these great legal and forensic luminaries, and was admitted as a barrister, but returned to begin his professional life in Charleston in 1761. His first case was one for breach of promise. The proverbial and characteristic gallantry of the southerner lent its lofty inspiration to the gifted young man, his eloquence thrilled the astonished court and audience, and he leaped at one bound to the front of the bar. In 1765 he was a delegate from South Carolina to the Stamp Act Congress. His part in that body gave him a national reputation as an orator, and patriot. Though the youngest member of it, he was made the chairman of the committee to prepare the memorial and petition to the British House of Lords. For the next ten years he devoted his energies to the largest law practice in his state. In 1774 he was a delegate to the first Continental Congress, in which during the two years that he was a member he became one of the most distinguished members. Patrick Henry pronounced him "by far its foremost orator"; Washington, the greatest that he ever heard. When these delegates were appointed, united official action by the colonies being a new proposition, the question arose what powers should be conferred upon them as to binding their state. He insisted that they be given fullest discretion and unlimited power to pledge the people of South Carolina to abide by whatever the delegates should agree to. Some one asked, what must be done in case the delegates made a bad use THE FEAMEKS OF THE CONSTITUTION. 461 of their powers? His prompt answer, as many of his laconic sentences, rang like a cannon shot: "Hang them!" In March, 1776, the province of South Carolina adopted a state constitution, and established an independent state gov- ernment. He was elected president of the state and com- mander-in-chief of its forces. Early in June the British fleet, commanded by Sir Peter Parker, appeared before Charleston. In this crisis his ability as an organizer, his energy and decision, won the admiration of the Avhole country. Within a few days he had gathered and equipped an army of some six thousand men. On Sullivan's Island a rude fort of Palmetto logs was built, of which the famous Gen. Moultrie was in com- mand, and which since bears his honored name. Gen. Charles Lee, the only man ever known to provoke Washington to cursing him, which he bears the infamous memory of having done by his pusillanimous conduct at the battle of Monmouth, said this fort was a slaughter pen, and directed its evacuation. Lee had been sent to command the Continental troops in the South. Rutledge wrote Gen. Moultrie, "Gen. Lee wishes you to evacuate the fort. You will not without an order from me. I would sooner cut off my right hand than write one." His battle spirit was up. He followed the note with an additional supply of powder. June 28, 1776, the battle came on. The British were defeated. But one vessel of Sir Peter Parker escaped uninjured. His flag-ship was the slaughter pen, on which the former royalist governor of South Carolina, Lord William Campbell, received a mortal wound. This victory freed South Carolina from being overrun by the British for the next two years, sent a thrill of exultant encouragement through the hearts of the whole country, and raised Rutledge to a lofty eminence as an able and courageous patriot com- mander. The effect of this victory had far wider, more lasting results upon the fate of this country, and for free government, than in the resounding fame of Rutledge. The Declaration of Independence was trembling in the balance. Samuel Adams and his patriot colleagues were pleading for it, enthralled and 462 THE CONSTITUTION AND ITS FRAMEES hampered by numerous state instructions against it, and the apparently wise conservatism of the equally patriotic, but more prudent members of congress. The echoes of the vic- torious guns from that rude palmetto fort reached the congress at Philadelphia, the warm breezes of the South bore to its members the valiant ardor of their southern brethren, and added new courage to the impulse for freedom. As we look back in historic light, who can say but that the tireless energy, the wise sagacity, the dauntless courage of John Rutledge in the preparations that made possible — aye, secured this victory, gave the needed encouraging, inspiring enthusiasm that prompted our fathers to pass that immortal declaration, and crown him with the brightest laurels as a founder of our free government as well as a framer of its constitution. What a thrill of joy must have filled his patriotic heart when he heard that that declaration had been made, for he and Samuel Adams had been the first men to advocate entire sepa- ration from Great Britain — the first to unhesitatingly advocate independence for the colonies when the first congress met two years before. In 1778 he was chairman of the South Carolina convention that framed the state 's new constitution ; and was elected the first governor under it. During the ensuing two trying years he made great and constant exertions to repel British in- vasions, to defend Charleston, and to procure the aid of con- gress and from Georgia and North Carolina to revive the legislative and judicial powers of the state that had become disorganized and almost abandoned under the stress of British attacks. In 1780 Charleston fell, and the legislature disbanded. In that dark hour it looked doubtful if it would ever meet again. Before adjourning it vested him with absolute power, save to take the life of a citizen without a jury trial. For this the British and Tories stigmatized him "Dictator John." South Carolina was overrun by the British, Rutledge driven from the state, and Gen. Gates defeated. Not for one moment did he despair, not for one moment abandon hope or relax THE FRAMEES OF THE CONSTITUTION. 463 heroic effort. He commissioned the gallant Sumter brigadier- general ; gave added rank to the heroes, Pickens and Marion ; and secured a commission from congress for the intrepid Morgan. When Gen. Greene arrived, instead of a dispirited and disorganized band of despondent Americans, he found Morgan with his trusty riflemen eager for battle under Gates, and organization everywhere apparent. After the battle of Cowpens, Gen. Greene wrote describing the disheartening condition of affairs over which Rutledge had triumphed, and said : "We are obliged to subsist ourselves by our industry, aided by the influence of Gov. Rutledge, who is one of the first characters I ever met." His course in exercising and disposing of the dictatorial powers conferred upon him evince his splendid character, and republican virtues, and leave a lasting lesson to his country- men. Not one complaint was ever preferred against him for the arbitrary exercise of those powers. When South Carolina was rescued from invasion in 1782, he, at once, assembled the legislature, stated that such powers were too great to be vested in any man in a free country, except in case of the direst extremity, and surrendered his unstained authority to the assembly that gave it. Soon after he was returned as a delegate to the Continental Congress ; and the next year was appointed by it minister to Holland, but declined the honor. Men of such eminent ability and ample experience as he were sought by every state, and he was sent by his state, with its other most illustrious sons, to perform the great work of framing our country's constitution. In that convention he took a leading part, was chairman of its committee of detail, and in the preparation of the clauses relating to the national judiciary exercised a powerful influence. One of his proposi- tions, however, that failed of success was to have congress elect the President. In the South Carolina convention to pass upon ratifying the Constitution there was strong opposition to 464 THE CONSTITUTION AND ITS FEAMEES SO doing, and it was largely due to his efforts and influence that it was ratified. From this time his career was almost wholly judicial. He had the reputation of being one of the most learned, con- scientious and able of the judges of the country. In 1787 he was appointed chancellor of the High Court of Chancery of South Carolina. In 1789, upon the organization of the Supreme Court of the United States, he was appointed its senior justice, his commission following that of Chief Justice John Jay. In 1791 he resigned this position upon his election as chief justice of the supreme court of South Caro- lina. When Chief Justice Jay resigned in 1795, "Washington immediately nominated him for chief justice. But a few days before notice reached him in Charleston of the honor, he had, in a public speech, made a bitter attack upon the "Jay Treaty," denounced it in severest terms, and protested against its ratification by Washington and the United States Senate. Either this, or what was charged to be mental infirmity due to his exposure in the South Carolina swamps during the Revo- lutionary War, made the senate refuse to confirm the nomina- tion, and he sat as chief justice but one term. He married Miss Elizabeth Grimke, to whom he was de- votedly attached, and whose death in 1792 he never recovered from. She was a woman of superior virtues of head and heart, her loss to him irreparable. They reared six sons and two daughters. He was described as: "Tall, well-formed, and robust; his forehead broad; his eyes dark and piercing; his mouth indicated firmness and decision; his hair, combed back according to fashion of the day, was powdered and tied behind. His aspect was resolute and wore an expression of thought and determination. His feelings were warm and ardent, he had an impulsive energy, which, however, was controlled by a vigorous common sense. Earnestness was the secret of his power; the supreme element of his character was "force." His ideas were clear and strong; his utterance rapid, but distinct ; his active and energetic man- THE FEAMERS OF THE CONSTITUTION. 465 ner of speaking forcibly impressed his sentiments on the mind and heart ; and he successfully used both wit and argument in his impassioned style of public address.". While his rank was high as a jurist ; while he held the most exalted positions on the bench his state and nation could con- fer upon him, hi^ fame chiefly rests upon his remarkable abili- ties and accomplishments as an orator. The historian, Dr. Ramsay, says: "In the friendly competitions of the states for the com- parative merits of their respective statesmen and orators, while Massachusetts boasts of her John Adams, Connecticut of her Ellsworth, New York of her Jay, Pennsylvania of her Wilson, Delaware of her Bayard, Virginia of her Henry, South Caro- lina rests her claim on the talents and eloquence of John Rutledge." From Georgia Abraham Baldwin A band of emigrants in 1639 found a beautiful location on Long Island Sound, some fifteen miles east and thirty-five miles south of New Haven, bought the surrounding lands from the Indians, and there founded the town of Guilford, Con- necticut. While it was stipulated in the deed of purchase that the Indians should remove at once, and the friendly dealing promised peace, the founders built a two-story stone house to serve as a fortress, if need required, and it yet stands a monu- ment to the precaution of the fathers against the perils of the days long past. There, on November 6, 1754, was born Abraham Baldwin, Guilford's most distinguished son, son of Lieutenant Michael Baldwin, the North Guilford blacksmith. He graduated at Yale in 1772, where he was a tutor from his graduation to 1777. From that time until the close of the war he was a chaplain in the Continental army. In 1784, at the instance of General Nathaniel Greene, who had located there, he removed to Savannah, Georgia, and entered upon the practice of the law. 466 THE CONSTITUTIOiSr AND ITS FEAMERS His talents met with immediate recognition, and the same year he was sent to the state legislature, and began that con- spicuous public career which closed twenty-four years later while a leading member of the United States Senate, In the legislature he originated the plan for the University of Georgia, drew up the charter by which it was endowed with forty thousand acres of land, and over considerable opposition secured the passage of the measure. From the preamble of this charter, which has evoked en- comiums from the learned, shows the God-fearing spirits of the founders of the republic so blessed by that God, and whose lesson we may well forever heed, the following is an abstract : "As it is the distinguishing happiness of free governments that civil order should be the result of choice and not of neces- sity, and the common wishes of the people become the laws of the Icind, their public prosperity and even existence very much depend upon suitably forming the minds and morals of their citizens. When the minds of the people in general are viciously disposed and unprincipled, and their conduct disorderly, a free government will be attended with greater confusions and evils more horrid than the wild, uncultivated state of nature. It can only be happy when the public i')rinc'iples and opinions are properly directed, and their manners regulated. This is an influence beyond the reach of laws and punishments, and can be claimed only by religion and education. It should, there- fore, be among the first objects of those who wish well to the national prosperity to encourage and support the principles of morality and religion, and early to place the youth under the forming hand of society, that by instruction they may be moulded to the love of virtue and good order." He was afterwards president of the university for several years. In 1785 he entered the congress of the confederation and continued a member until that congress was changed into the congress of the United States. He not only took an active part in the labors of the Con- THE FEAMEES OF THE CONSTITUTION. 467 stitutional Convention, but upon his action and vote hung the most momentous crisis of its existence. How the states should be represented, and their representa- tives should vote in the national congress, had narrowed down to two plans, one the "Virginia" plan, for two houses, wherein the representatives should vote as individuals, but should be chosen from the states in proportion to wealth or population. This meant the overthrow of the equality of the states, and the supremacy of the more wealthy, and more populous. The other the ''New Jersey" plan, for one house, wherein the vote should be cast by states, without regard to population or wealth. This meant an equality of power on the part of the states weakest in wealth and population with the strongest, which the latter were a unit in opposing. At that time Georgia, Bald- win 's state, was one of the smallest in wealth and population, and his interest lay in the equal power of such. His ante- cedents, his hereditary convictions, were for state equality, regardless of conditions. The convention was on the verge of dissolution. If this took place all hope for union was gone forever. Says Fiske of Mr. Baldwin : "His state was the last to vote, and the house was hushed in anxious expectation, when this brave and wise young man yielded his private conviction to what he saw to be the para- mount necessity of keeping the convention together. All honor to his memory!" Baldwin 's vote made the ballot a tie, when Roger Sherman and Oliver Ellsworth introduced the compromise, called the "Connecticut" plan, whereby the representatives should vote as individuals, but the states have equality of representation in the senate, according to population in the house, which was agreed upon, and the calamity of the convention dissolving without proposing a constitution was averted. His prominence in that great body is further shown in his being placed upon the committee on detail, and of the com- 468 THE CONSTITUTION AND ITS FEAMEES mittee to which the convention referred everything relating to the choice of president. On one point he stood with his constituents so that the wretched question that ended in civil war was not then set- tled, and years of angry contention ending in a sea of precious blood, if not evils yet to come, averted by following the lead of Virginia's greatest statesmen. When the question of prohibiting the slave trade came before the convention he declared that Georgia would not confederate if not allowed to import slaves. He was sent by Georgia, from 1789 to 1799, to the National House of Representatives; from 1799 to his death, March 4, 1807, to the United States Senate. Twice he was chosen president pro tempore of the senate, and held that exalted station at the time of his death at the early age of fifty-three. He was identified with many measures of lasting im- portance during these first eighteen years of our nation's history, notably that locating the seat of government on the Potomac. It is one of the most remarkable instances in our legislative history, probably without a parallel, and speaking volumes for his industry and fidelity, that during all these years he never missed an hour during the sessions of congress until the week preceding his death. Of him the poet, Joel Barlow, wrote : "The annals of our country have rarely been adorned with a character more venerated, or a life more useful, than that of Abraham Baldwin." Colonel Richard Malcolm Johnson said: "He was the greatest man who ever lived in Georgia. In some respects he was superior to Jefferson. His educational plans were far-reaching in their scope. Justice has never been done to his great merits." He was a bachelor ; a man of consistent piety and extensive benevolence. After the death of his father in 1787, he took charge of his six half brothers and sisters and educated them. THE FEAMEES OF THE CONSTITUTION. 469 One of these, Henry Baldwin, became a noted lawyer, a distinguished member of congress, a justice of the Supreme Court of the United States, and an author of celebrity on the "Origin and Nature of the Constitution and Government of the United States." Through his aid many young men of humble means in Georgia were enabled to obtain an education and achieve use- ful citizenship. One of Georgia's counties perpetuates his honored name. In purity of private and public life, in unselfish service to his country and his family, in wise provision for the culture of his adopted state, in constant industry and consummate ability he was worthy of a place among the framers of our country's Constitution. William Few William Few was born in Baltimore County, Maryland, June 8, 1748, and died at Fishkill, New York, July 16, 1828. His ancestors came to America with William Penn. During his early childhood his father removed to North Carolina. His educational opportunity was limited to but little over a year at the public school. This but whetted his appetite for learn- ing, and he was noted when a boy for reading every book he could get access to, and his earnest attention to the arguments of lawyers in the courts which he often attended. Removing to Georgia, he rendered gallant service during the revolutionary war as colonel of a Georgia regiment. AfteT the war he located at Augusta, Georgia, and entered upon the practice of law. His abilities and character received early recognition in his appointment as a member of the governor's council, his repeated election to the state legislature, and to his election to the convention that framed the Georgia Con- stitution. He held almost every office in the gift of the people of Georgia, except that of governor, his life being one of con- tinuous public service, unsought by him, but exacted by them, as shown by the following remarkable record. 470 THE CONSTITUTION AND ITS FEAMEES In 1777 he was a member of the Georgia Legislature and Executive Council; 1778, surveyor-general and senior justice for Richmond County; 1779, colonel in the Continental Army, commissioner to treat with the Indians, and member of the legislature ; 1780, delegate to the Continental Congress, and specially sent by that congress to assist in the reconstruction of the Georgia state government; 1782 and 1786, delegate to the Continental Congress; 1783, member of the Georgia Legis- lature; 1785, trustee of the University of Georgia; 1787, dele- gate to the Federal Constitutional Convention; 1788, member of the Georgia convention that unanimously ratified the Con- stitution; 1789 — 1793, United States senator from Georgia; 1793, mem.ber of the Georgia Legislature; 1796, judge of the Georgia Circuit Court. In 1799 he removed to New York City. In that state he soon achieved most honorable distinction. From 1801 to 1804 was a member of the New York Legislature, commissioner of loans, inspector of New York state prisons, and commissioner to treat with the Indians ; 1813 — 1814, alderman of New York City; 1804 — 1814, director of the Manhattan Bank of New York ; 1814, president of the New York City Bank. He also took an active and influential part in the building of the Erie canal, and the promotion of education and advance- ment of science throughout the state of New York. His excellent judgment, extended information and irre- proachable character endeared his memory to the people of the two great states he served so well, while his eminent financial ability made of him an important factor in their commercial prosperity. Like nearly all of the great characters of this era of remarkably great men he was a man of profound piety and lifelong Christian activity. His illustrious career is one of the many inspiring lessons to American youth of the pluck and perseverance that con- quers adversity and triumphs over poverty. This poor boy, by his own self-education, by his own unaided efforts, rose from obscurity to render lasting service to two of our greatest states, and to our common country. All honor to his memory ! THE FEAMEES OF THE CONSTITUTION, 471 William Houstoun William Houstoun was born in Savannah, Georgia, about the year of 1755. He was the son of Sir Patrick 'Houstoun, baronet, a promi- nent officer under the royal government in Georgia; was edu- cated in England, and graduated in law at the Inner Temple in 1776, His brother, John Houstoun, was one of the first delegates Georgia sent to the Continental Congress; elected governor in 1778 and again in 1784, and chief justice of that state in 1786, He was a delegate to the Continental Congress from 1784 to 1787; was an officer in the revolutionary army; in 1785 boun- dary commissioner to settle the line between Georgia and South Carolina; one of the original trustees of the land granted as an endowment of the University of Georgia ; and one of the vice presidents of the Society of the Cincinnati. But little of his record has been preserved beyond the fact that he was an able lawyer and prominent man of his day, and there is no record of when or where he died. While attending congress he took great offense at some remarks made by a delegate from Rhode Island, which he took as reflecting upon the people of the South, and the next morn- ing appeared in congress armed with a sword. His friends persuaded him to cool his impetuous wrath and return his sword to his room. It was upon his motion, supported by Roger Sherman and Gouverneur Morris, that the clause first reported to fix the President's term at seven years and prohibit re-election was stricken out. He took a very active part in the Constitutional Convention, opposed the electoral college, favored the election of President by popular vote, and advocated the revision of the constitutions of the several states. Imperative business called him from the Constitutional Convention, and prevented him from signing the Constitution to which he gave such hearty support, both in that convention and in the conven- tion of his state called to pass upon its ratification. 473 THE CONSTITUTION AND ITS FRAMEES William Pierce William Pierce was born in Georgia, in 1740, and died at Savannah, December 10, 1789. He received a liberal education and was a merchant in Savannah. He took sin active part in the revolutionary war, rose to the rank of major, and was for a while an aide-de-camp of General Nathaniel Greene. For gallantry at the battle of Eutaw he was presented with a sword by congress and was given a memorial of its complimentary resolution. After the war he resumed business at Savannah, and was head of the house of William Pierce & Company. He served several terms in the Georgia Legislature, and was a delegate to the Con- tinental Congress in 1786-1787. Called to New York by press- ing business, he failed to sign the Constitution, but in a letter published in the Georgia Gazette March 20, 1788, explaining his unavoidable absence in New York, and consequent inability to sign the Constitution, he urged its ratification by Georgia. In the convention he advocated the election of representa- tives by the people, sena,tors by the states, but desired the terms of senators to be three years. He was not only a man of signal business ability, but of considerable literary talent and a frequent contributor to the press, as was the custom of the time, on public and political questions. The influence and efforts of Baldwin, Few, Houstoun, and Pierce gave this ' ' Empire State ' ' of the South the honor of being one of the three states that unanimously ratified the Constitution. James Madison never missed a day's attendance upon the Constitutional Convention. No member gave a more diligent study of both measures and men. Of the members he wrote: "I feel it mj'- duty to express my profound and solemn con- viction, derived from my intimate opportunity for observing and appreciating the views of the convention, individually and collectively, that there never was an assembly of men charged THE FEAMEES OF THE CONSTITUTION. 473 with a great and arduous trust who were more pure in their motives, or more exclusively and anxiously devoted to the object committed to them, than were the members of the Federal Convention of 1787 to the object of devising and pro- posing a constitutional system which should best supply the defects which it- was to replace, and best secure the permanent liberty and happiness of their country." No more cultured, experienced, distinguished and able body of men ever joined in a united convention in the history of any nation. Every member of it, as but partially shown, had served in state or national positions of trust and honor. There, were men who had been honored by and had influenced, if not led, the culture of European courts ; who had come into inti- mate and official contact with the most famous diplomats, statesmen, and monarchs in the adjustment of delicate and momentous matters of state. There, were men who had braved the perils of the field in the battles that won our independence. There, were men who had been judges, legislators, and edu- cators in their colonies and states. There, were men who had enjoyed the culture and learning of the best universities of the new and the old worlds. There, were men who had been bred to the study of government, and whose lives had been crowded with the experiences that so rapidly educate in positions of great honor and responsibility. The past achievements of many were the prefaces to chapters, of subsequent renown in the service of the new republic. All demonstrated the possession of marked ability, and the vast majority showed a purity of character that has additionally endeared their memories. There were no dreamers. They were practical men of practical ex- perience, who appreciated to the fullest the momentous re- sponsibility of the work at hand, and brought to it all the solemn earnestness of men striving to secure and establish forever principles for which they had devoted and risked their lives. In all great American epochs, Providence has seemed to raise up men for the crisis. The great question of free gov- ernment was at stake, and here, to preserve, to found it, were 474 THE CONSTITUTION AND ITS FEAMERS lavished the calmness of judicial learning, the fiery vigor of military ardor, the drilled capacity of successful financiering, the polish of professional attainment, the schooled finesse of diplomacy, the best culture and character of the country. These men builded wiser than they knew. The Providence that the aged Franklin besought smiled upon them. Their work, they thought, did not meet the measure of their hopes, their intentions, their efforts. It was too near at hand to view its magnitude. It encountered opposition from some who had joined in it, but those who opposed it did so with as sincere a patriotism, as ardent a love of liberty and humanity, as those who supported and secured its ratification by the people whom they represented. But under the plastic hands of great ex- pounders the value of this great work, its flexibility, its capacity to meet the growing needs and changed conditions of the most marvelous career in all the history of nations, has been a constant marvel. The constitution has been and will be the study of the ages. It has been the guide, not only of this nation in its perilous career and unparalleled progress, but of every republic that has since overthrown a throne. Over eighteen hundred amend- ments have been proposed, but only fifteen adopted, and ten of those may be considered parts of the original. The constitu- tion has grown in the reverence of the learned and the un- learned, as the sheet anchor of the liberties of a free people, whose strain is never felt, yet which holds their rights secure in every storm. This is the estimate, not only of our own ablest countrymen, but of the most renowned students, statesmen, and historians of the age in other lands. Said England 's great premier — her "Grand Old Man," William E. Gladstone: "As far as I can see the American constitution is the most wonderful work ever struck off at one time by the brain and purpose of man." England's eminent historian, James Anthony Froude, says: "The problem of how to combine a number of self-govern- ing communities into a single commonwealth, which now lies THE FEAMERS OF THE CONSTITUTION. 475 before Englishmen, who desire a federation of the empire, has been solved, and solved completely, in the American Union. The bond which at the Declaration of Independence was looser than that which connects Australia and England became strengthened by time and custom. The attempt to break it was successfully resisted by the sword, and the American republic is, and is to continue, so far as reasonable foresight can anticipate, one and henceforth indissoluble." Well may we garland the names and memories of its framers with the everlasting homage of what promises to be the greatest nation the world has ever known ! AVell may we teach our children to emulate their virtues! Well may we make their histories familiar in every home, and their lives the examples of the citizens, native or foreign, who enjoy the blessings of the government they founded on such an enduring basis ! Their aim was an indestructible union of indestructible states, as Chief Justices Marshall taught and Chase held it to be,^ The indestructibility of the states has been conceded from the first. The indestructibility of the Union has been declared in judicial decisions, has been sealed in the blood of internal struggle, and has more and more become unquestioned for the future as being the life of the nation. Each henceforth holds its lasting sphere — the United States supreme in its powers (powers that are limited, but the authority under them unlimited), and the states in their orbits around this central power, sovereign in their domestic controls and supreme in their local concerns. That constitution, holding in its strong embrace — its ever- lasting grip — the rights of states and peoples that are common to all, that at the same time extends to each community the home rule that is cherished there and yet guarantees the gen- eral laws that each needs, let us now briefly consider, with the fixed purpose to make of it a lifelong study. ^TJ. S. Supreme Court Eeports. Chief Justice Marshall: Barron vs. Mayor and City of Baltimore, 6 Peters, 243; MeCullousjh vs. State of Maryland, 4 Wheaton, 316. Chief Justice Chase: Texas vs. White, 7 Wal- lace, 700, page 725, CHAPTER XVI THE CONSTITUTION OF THE UNITED STATES PEEAMBLE ^E, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general wel- fare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. This preamble uttered a combined proclamation and prophecy, but more of prophecy than proclamation. As orig- inally prepared, it read, ''We, the people of the states of," naming all the states. The objection was made that some of the states might not adopt it. Ehode Island was not repre- sented in the Constitutional Convention at all, and that state and North Carolina did not adopt the constitution until after the government had been organized and Washington was elected president. The advocates of the league, or state supremacy theory, have made prominent the fact of the change in the preamble, and have strenuously contended that it was not intended by the convention. They say that the re-reference of the first draft to the "Committee on Style and Arrangement," was solely for revision as to the style of expression; and that Gouverneur Morris was allowed to do the revising, because that accomplished statesman was preeminent in the art of elegant diction. They argue that in this manner, -without the intention of the convention, the present wording of the pre- amble was reached. If it were admitted that the change was made simply for the purpose of euphonious phrasing, it must also be admitted that with the growth of the national theory has grown the 476 THE CONSTITUTION OF THE UNITES STATES 477 doctrine of the supremacy of the people, until none to-day denies that the constitution is not a mere compact between the states, but that it is the instrument of "We, the people of the United States." But, as we have seen, there were many other substantial changes made by that committee. They were made for an understood purpose, and with a definite and intended meaning. The members of that committee were adepts in the art of expression. They weighed well the use of every word, studied and counted upon its significance. They would not have sacrificed intention to euphony. None knew better than they that their work was too serious, too weighty for the mere polish of phraseology. That they knew what they meant, and meant what they said, is shown by the interpretation put upon those words by the leaders of both those who opposed and of those who favored the adoption of the constitution. Messrs. Lansing and Yates, subsequently chief justices of the supreme court of New York, Luther Martin, the erratic but able attorney-general of Maryland, and the others who left the convention during its session, did so on the express ground that it was exceeding its authority when it attempted to go beyond the mere amendment of the Articles of Confederation, that made a mere compact between the states, and entered upon the construction of a constitution creating a government for the people of all the states as a unit. Of the forty-two men who remained to the end, the three who refused to sign the constitution assigned as the principal objection to affixing their signatures thereto the same reason that was given by Messrs. Lansing, Yates, and Martin. Patrick Henry, in opposition, in the Virginia convention, said: "Have they said, 'We, the states?' Have they made a proposal of a compact between the states? If they had, this would be a confederation; it is otherwise most clearly a con- solidated government. The question turns, sir, on that poor little thing, the expression, 'We, the people,' instead of 'The states of America.' " William Samuel Johnson, the chairman of this committee on revision, in addressing the Connecticut convention, having 478 THE CONSTITUTION AND ITS FEAMEES discussed the difficulties attending, and the objections to legislating for states in their capacity as sovereign states, said : "They have, therefore, gone entirely upon new ground. They have formed one new nation out of individual states." James Wilson, subsequently a justice of the supreme court of the United States, by common repute the ablest constitu- tional lawyer in the convention, advocating the adoption of the constitution before the Pennsylvania convention said: "This is not a government founded upon compact. It is founded upon the power of the people. This system is not a compact or a contract. The system tells you what it is; it is an ordinance and establishment of the people." The supreme court of the United States, in one of its earliest decisions, when all was fresh in the minds of its living framers, and of its ratifiers said: "The constitution of the United States was ordained and established not by the states in their sovereign capacity, but emphatically, as the constitution declares, by 'The people of the United States.' " Nor does the character, mental and moral, of the men con- stituting that revision committee, warrant the belief that they would have delegated their supremely important work to any one man. The internal evidences of the constitution of this committee contradict this claim. It is far from the intent of this contention to abate one iota from the debt of regard due for the inestimable services and eminent qualifications of Gouverneur Morris. His splendid qualifications, his rare scholarship, his native and acquired abilities were of the high- est order, and his aiding work entitled him to that prominent place in the galaxy of American greatness that will always be accorded him. That committee was composed of William Samuel Johnson, chairman; James Madison, Gouverneur Morris, Alexander Hamilton, and Rufus King. Mr. Johnson was a son of a college president ; and was him- self the president of the same college. He had his scholarship and literary skill recognized eleven years before by the con- ferring of the degree of D.C.L. by the University of Oxford, THE CONSTITUTION OF THE UNITED STATES 479 England. He won the admiration of England and America for his erudition. He was born and reared in the upper atmos- phere of literary culture, was an eminent lawyer, and one of the foremost writers of his day. James Madison had been the prime legislative mover for the constitution, and, aside from his part in that literary classic, the Federalist, shows by his immortal state papers, that he was one of the most forceful, finished, and prolific authors of that or any other period in our history. Alexander Hamilton stands in universal estimation almost unrivaled in the art of composition. It needs not Thomas Jefferson's tribute, when he denounced Hamilton as "That veritable Colossus in artful wording" to establish Hamilton's reputation as a master mind in the phraseology of constitu- tional construction. Then his constant, historic, and herculean efforts to bring about the construction and adoption of the constitution could not have permitted him to neglect or over- look the slightest part of his duty in this, the supreme purpose of his life. It must have stimulated his marvelous intellectual energies to the very utmost of their exertions in the final phrasing of this cherished instrument of his early hope and life-long devotion. Rufus King had done all in his power to obstruct the meeting of this convention, but redeemed himself by his part in the construction of the constitution and its subsequent sup- port. His conversion could have been brought about only by the most thoughtful consideration. This governor, senator, vice-president, minister so long to the cultured court of Eng- land, the author of that part of the ordinance of 1787, whose wording became the wording of the Thirteenth Amendment to the constitution in our own enlightened day; this man a Har- vard graduate whose finished scholarship made him an orna- ment to the exalted stations he filled for nearly half a century, added his trained culture to this committee of born and bred intellectual capacity and mental achievement. Such combination of scholarship did not need to, and could not have delegated its duty to any one superior to it. It 480 THE CONSTITUTION AND ITS FEAMEES represented and embodied the conflicting differences of opinion and sentiment of the convention whose proceedings had reached such an acute stage that dissolution with defeat of its object and purpose of assemblage was imminent. At such a critical juncture, every word in every clause of every provision was scanned with redoubled caution. The greatest efforts of the ablest were to allay all antagonisms, and by the most thought- ful compromise and concession to construct a constitution upon which all could unite. The committee of revision realized that it constituted tlie final committee for the final work of that convention. At a time of such moment, with issues so vital depending, not a member could have shirked or delegated a single duty. More than that, the work of this committee was reported to the convention on September 12th, and it was debated with all the intense earnestness of a last opportunity until the 17th of September. This, and the other serious changes could not have escaped attention. On the 17th, the last change in the pro- visions, along the very lines of the change in the preamble, was made for the benefit and protection of the people. This was done by unanimous consent, on the only appeal that Wash- ington publicly made during the entire proceedings. That was to increase the representation from the people from one to every forty thousand to one for every thirty thousand. He said : "That although his situation had hitherto restrained him from offering his sentiments on questions pending in the House, and it might be thought, ought now to impose silence upon him, yet he could not forbear expressing his wish that the alteration proposed might take place. It was much to be desired that the objections to the plan recommended might be made as few as possible. The smallness of the proportion of Eepresentatives had been considered by many members of the Convention, as an insufficient security for the rights and interests of the people. He acknowledged that it had always appeared to himself among the exceptionable parts of the plan, and late as was the present moment for admitting amendments, he thought this of so much consequence, that it would give him great satisfac- tion to see it adopted." Washington was watching for the interests of the people. jMore and more, as the discussions in the convention progressed, THE CONSTITUTION OF THE UNITED STATES 481 were its members convinced of the importance of the people, the wisdom and necessity of providing for the people, instead of merely for bodies politic. Their language and their pro- visions show that they were looking to and looking out for the people — that the wording of the preamble was intended ; was in consonance with other parts of the constitution, wherein the people's rights and powers were placed, reserved and held above all others. Still, they did not dream of the democracy of to-day; of the full import of the purposeful words used. Yet, they builded wiser than they knew. A higher Avisdom, the wisdom of Him who created all on His foot-stool with equal inalienable rights, was making them the instruments for the uplifting and disenthrallment of humanity. An unseen Hand guided the pen, an unseen Eye was looking through that language adown the ages to time, when in its full fruition this government of the people, by the people, and for the people, should lead the nations of the earth to the universal brotherhood of a law- observing world — a world governed by the people who shall possess it. The constitution made this national government, not a gov- ernment of states and principalities; not a government of the rich and able; not a government of a few born to rule over their fellows, but the apotheosis of the peoples' power. The people are possessed with this idea. They will cling to it for- ever. Therein is its permanence assured. Nevertheless, they will cling with equal tenacity to the local, or state autonomy, that leaves to each distinct community the supreme control of its domestic affairs, and makes these states as sovereign in their reserved jurisdiction as if no sovereign nationality bound them in indissoluble unity. It is this complex, yet composite system that makes, alike supreme, national, and home rule. The first and third clauses of Section 10, of the 1st Article, Clause 2 of Article 6, the Ninth Amendment, and the Tenth Amendment settle all question as to the supremacy of the national government ; the inability of the states to compact or confederate with each other, independent of or against that 482 THE CONSTITUTION AND ITS FEAMERS government; the derivation from and obligation to the people of the government, and the recognized supreme rights and powers of the people thereunder. These clauses show beyond contravention the intended significance of the words, ''"We, the people of the United States." LEGISLATIVE DEPARTMENT Article I. — Section 1 All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Repre- sentatives. Legislative power is the power to make laws. While mem- bers of both houses are congressmen, and are paid the same salary, it is the custom to call members of the house of repre- sentatives ''congressmen," though their proper title is "repre- sentatives." In the same way, the two bodies are designated as "house," and "senate." The experience of England, as well as of the colonies, induced the change from the one house of the confederation to the two houses of the United States. It is more difficult to corrupt or manipulate two houses than one. Each is a check upon the other. They insure more mature and reflective consideration of laws than one house would give. The experience of the civilized world has demonstrated the many advantages of legislation by two houses, and having the houses composed of different classes of men, with different terms, or periods of office, and with some of their duties and responsibilities entirely different. Section 2 [Clause 1.] The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. In every nation where two legislative bodies exist, as in ours, the lower and larger house is considered the house of the people. The term of office provided in the constitution is not long enough for the representative to lose the feeling of THE CONSTITUTION OF THE UNITED STATES 433 responsibility to his constituents, and enables the people to make early changes, if desired. If the representative is satis- factory, he can be kept in office; if not, he can be soon replaced. At the time of the adoption of the constitution almost every state required a property qualification for the voter. In two this was graded. The voter had to possess a certain amount of property to vote for governor ; a smaller amount to vote for a member of the council, or upper house of the legislature ; and a less amount to vote for a member of the lower house of the legislature. Therefore, to give the largest number of the people a voice in their government, this provision was adopted. [Clause ^.] No person shall be a representative who shall not have at- tained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Naturalized as well as native citizens are eligible to con- gress. This provision requires citizenship long enough to become acquainted with the needs and character of our gov- ernment, and an age that should have gained some experience fitting for legislation. It leaves to the states to decide how long one must have been a resident in each to be eligible for office. It is the custom to divide the states into congressional dis- tricts, and to elect a resident of each district to represent that district in congress, but it would be lawful to elect a resident of one part of a state to represent a district in another part, as, for instance, a resident of Cairo, Illinois, might be elected to represent a district in Chicago. [Clause 3.] Eepresentatives and direct taxes shall be apportioned among the several States which may be included within this Union, accord- ing to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each 484 THE CONSTITUTION AND ITS FRAMEES State shall have at least one representative: and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three; Massachusetts, eight; Ehode Island and Providence Plantations, one; Connecticut, five; Nevp York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five; and Georgia, three. The *' three-fifths of all other persons" mentioned in the first sentence meant slaves. The framers of the constitution were unwilling to have that word in the constitution. The majority of them, and especially those from what was then the largest and most influential state, Virginia, desired slavery's gradual abolition. While not a member of the Constitutional Convention, Thom.as Jefferson was a great leader in political thought, and he said, "There is nothing more certainly written in the book of fate, than that some day these people will be free," and one proposed clause of the Declaration of Inde- pendence written by him, denounced the fostering of the slave trade, but it was stricken out. This counting of only three-fifths of all slaves has been changed by the abolition of slavery, and by the second clause of the Fourteenth Amendment. Ilepresentation is now based upon, not the number of voters, but the entire population — men, women, and children — excluding only Indians not taxed. While a greater representation than one for every thirty thousand of the population cannot be had, each state must have at least one representative. This is why some of the smaller states have but one representative, and two senators. But few direct taxes, and those only in time of war, have ever been laid by the national government, but when laid, have been, and always must be laid so as to make the burden equal on all the people, regardless of state lines. This is one of the proofs of this being a national government, a government of the people and by the people, wherein there is an equality of support by the people whose government it is. [Clause 4.] When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. THE CONSTITUTION OF THE UNITED STATES 435 Notice the difference of the wording of this clause and. the third clause of the next section. Eepresentatives are elected "from" the states; senators, "for" the states. The former are especially the representatives of the people; the latter, espe- cially of the states. It is typical of this complex, yet composite system of our government wherein, as the motto of the state of Illinois expresses it, "State Sovereignty — National Union," are inseparably interblended. The governor of a state cannot fill a vacancy in the repre- sentation for the people, as he can in the representation for the state. He can commission a senator to fill a vacancy,' as will be shown, but not a representative. Nor is it left optional with him to fill such a vacancy. He must order an election. The people are entitled to representation, and it is made obligatory upon him to afford them the opportunity to be constantly represented. [Clause 5.] The House of Eepresentatives shall choose their Speaker and other officers; and shall have the sole power of impeachment. To preserve its independence it is necessary that the house of representatives should create, regulate, and control its own working machinery. The speaker presides over the house, and has the exclusive power to appoint all of its committees. No member can address the house unless the speaker recognizes him ; that is, calls him by name and gives him permission to address it. His power of appointment of committees, and his liberty to recognize, or not recognize, members who wish to address the house, make him one of the most powerful, if not the most powerful, officer of our government. He is elected from and by the members of the house of representatives of each congress ; that is, he is elected every two years. He enjoys the same salary as the vice-president, $12,000 per year. Impeachment is the written accusation charging some public offense by an executive, or judicial officer. It may be criminal, or simply political. Executive and judicial officers are removable only by impeachment. The house of representa- 486 THE CONSTITUTION AND ITS FEAMEKS tives prefers these accusations in what are called articles of impeachment. It appoints a special committee to prepare and present these articles to the senate, and another special com- mittee to prosecute the offender when the senate sets a time for his trial thereunder. Section 3 The Senate of the United States [Clav^e 1.] The Senate of the United States shall be composed of two senators from each State, chosen by the Legislature thereof, for six years; and each senator shall have one vote. It was considered that the legislature would be better acquainted with the necessary qualifications for this high office than the people at large. The senate was designed to repre- sent, not merely the states, but the property interests of the country — to stand as a shield between property and populace. It stands for the equality of the states, yet senators vote as individuals, as representatives of the whole people. Many of the duties of the senate, as will be seen, necessitate a longer term of office than that of representative, and besides the senate was intended to be a permanent body. The entire house of representatives could be changed every two years, leaving no one in the new house familiar with its mode of legislation from practical experience. This the term and man- ner of electing senators prevent. [Clause 2.'] Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; of the third class, at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. So fearful were the framers of the constitution of long terms of office and of the natural tendency to despotic rule engendered thereby, that they provided that one-third of the THE CONSTITUTION OF THE UNITED STATES 487 senate could be changed every two years, yet so done as to retain tried experience at all times. This gives the people au opportunity to change, yet prevents impulsive action on their part. The senator, in an especial sense, being regarded as the representative of the state, the governor is empowered to fill vacancies while the legislature is not in session, but he is not compelled to do so. If he does, the commission of the senator expires as soon as the legislature meets. [Clause 3.1 No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The senate being designed to be a more stable and con- servative body than the house, a greater age and period of residence is required for a senator than for a representative. The word "senator" means older. The purpose was to com- pose the senate of the ablest, most experienced statesmen in the country. Its great men have justified the hope and ex- pectation of the framers. [Clause 4.] The Vice-President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. Not being a member of the senate, or elected to legislate, to give the vice-president a vote would give one state three votes, instead of two ; give that state an unfair advantage, and would be unfair to the people who choose our national legis- lators. Yet, as the senate will always be composed of an even number of senators, the probability of being evenly divided upon important questions was very great, and, therefore, the vice-president was empowered to break the deadlock by giving the deciding vote on such occasions. [Clause 5.] The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. This gives the senate the same independence as to its 488 THE CONSTITUTION AND ITS FEAMEES machinery for action as the house of representatives. It is now customary for the vice-president to retire for a short while at the first session of every congress, and for the senate then to elect a president pro tempore, who, for the next two years, pre- sides in the absence or disability of the vice-president. [Claiise C] The Senate shall have the sole power to try all impeach- ments: when sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be con\icted without the concurrence of two- thirds of the members present. At such times it acts as both judge and jury, and like them is put under oath or affirmation. The interest of the vice- president, he being the lawfuj successor, if the president bo convicted, precludes his sitting as an impartial officer and, therefore, the highest judicial officer in the country who can have no possible interest in the result, so far as promotion per- sonally is concerned, is chosen to preside over this august tribunal. While the verdict must not be unanimous, as with juries, partisan action is guarded against by requiring a two- thirds vote to convict. [Clause 7.] Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party con- victed shall nevertheless be liable and subject to indictment, trial, judg- ment, and punishment, according to law. Since impeachment relates solely to unfitness for official duties, the great right of trial by jury for crimes is preserved. No right has ever been regarded more sacred by the Anglo- Saxon than the right of trial by jury. Edmund Burke said the great end of government was to get twelve honest men in a jury box. The judgment of the senate can only have political effect, and extend to removal from and disability to enjoy any office. But if the offense should be a crime, as murder, which would make tlie perpetrator an unfit person to hold office, he could THE CONSTITUTION OF THE UNITED STATES 489 be removed, and still indicted, tried, and convicted, as any other malefactor. The object was manifestly to enable unfit and arbitrary ofificers to be removed from and kept out of the public service, yet not to allow a legislative conviction to deprive one of life or liberty ; and, on the other hand, not to bar the state from visiting just punishment for criminal offenses, after giving the citizen the fundamental right of a jury trial therefor. Section 4 Both Houses [Clause i.] The times, places, and manner of holding elections for sen- ators and representatives shall be prescribed in each State by the Legisla- ture thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators. Each state is left to maintain its representation in the national legislature as it deems best, but for self-preservation the congress can arrange for its being kept up, if a state becomes refractory and refuses to send representatives, or its governing officers refuse to give the people an opportunity to select them. The offense to the dignity of the state is avoided in the disability of congress to choose any other place than that chosen by the state for the election of senators. Except as to that, the congress can make or revise the laws that the several states make for such elections. [Clause f.] The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Taught by history how despotic monarchs had often pre- vented the assembling of legislatures, and had forced their arbitrary dissolution when assembled, and remembering their own grievous experience under British rule, the framers could only adopt this imperative rule for annual sessions of congress. Under it, our president cannot prevent the assembling of con- 490 THE CONSTITUTION AND ITS FRAMEES gress, and he has no power to dissolve it. This clause makes certain the perpetual rule of the people. The same day of assembling is yet preserved, but congress can change that day at any time. It cannot change the obliga- tion for annual assembling. Section 5 The Houses Separately [Clause 1.] Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. This is a still further provision for the independence of the congress, and of each house thereof. No other department of the government is allowed to pass upon the elections, returns, and qualifications of the members of either house, nor can either house interfere with the other in that regard. A quorum is that number of the members of a body required to be present to enable it to transact business. This clause prevents a minority from legislating, yet enables that minority to compel the work and duty of legislation by compelling mem- bers to attend, and punishing them for failure to perform their official duties. [Clause ^.] Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. This is a plain and simple provision whereby decorum can be preserved, and unfit members be ousted. This, too, is an essential part of the independence of both houses. No court can be called upon to reverse the action of either house in such cases. Requiring the concurrence of two-thirds to expel a member is a good precaution against partisan action. The method of procedure in the two houses is alike in many respects, yet radically different in others. The speaker is the absolute master in the appointment of THE CONSTITUTION OF THE UNITED STATES 49I committees in the house; and prolonged debate can be pre- vented there by moving the previous question. The senate forms its own committees, and the vice-president simply announces them. He has no voice in or control over the appointment of committees. The previous question is never moved in the senate ; any member can debate a question as long as he wishes. There have been many instances where a single senator has coerced the senate into voting for some pet measure in order to stop his oratory and proceed to consider important general measures. [Clause 3.] Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy, and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. This is not only an historic necessity, but is designed for the information of the people. It is their supreme and most important right to know precisely what their representatives are doing. A small number can require every member to go on record, so that one cannot vote for a vicious measure and conceal it from the people. Only the proceedings of executive sessions can be kept secret, and no legislation is done in such sessions. [Clause 4.] Neither house, during the session of Congress, shall, with- uut the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. This prevents either house from hindering legislation on account of taking umbrage at the action of the other, and compels all legislation at the one place. Section 6 Privileges and Disabilities of Members of Congress [Clause 1.] The senators and representatives shall receive a compensa- tion for their services, to be ascertained by law, and paid out of the treasury 492 THE CONSTITUTION AND ITS FRAMEES of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned iii any other place. Congress fixes the salaries of its own members. No limit is put upon this power. Its exercise is left to the honor and discretion of the congress. The members are not left dependent on the states, as by the Articles of Confederation. They are national officers, and made independent of the states. This is another proof of the national character of our government. Paying their salaries, the national government can secure the services of the poor as well as of the rich. The national gov- ernment as well as the people being entitled to their services, only the commission of the serious offences named can subject them to arrest. For the same reason, their salaries cannot be attached or garnisheed for debt. The needs of legislation demand plain speech in many instances, and no member can ever be sued for what he says in any speech or debate in either house. The government secures his independence by clothing him with absolute im- munity from question in any other place, except in the house of which he is a member. [Clause .?.] No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. This is done to prevent members of congress from creating new and lucrative offices for their own benefit ; or adding to the emoluments of one they have prospect or promise of succeed- ing to. Since the foregoing comment in the first edition of this book, the oversight of this clause has had illustration. During the administration of President Roosevelt the salaries of Cabi- THE CONSTITUTION OF THE UNITED STATES 493 net officers were increased to $12,000 per annum. Philander C. Knox was at the time of such increase a Senator for Pennsyl- vania, his term not expiring until 1911. When President Taft nominated him for Secretary of State in 1909, his ineligibility under this clause prevented his confirmation by the Senate, until the increase in the salary of the Secretary of State was repealed by Congress, leaving the salary attached to that office, as formerly, $8,000, while all of the other members of the Cabinet receive the increased salary. The duties of this one exalted place of honor are enough to tax the physical and mental energies of the ablest, and they are compelled to give those duties their undivided attention. Then, too, if able to hold more than the one office, their very positions would offer undue opportunities to the unscrupulous. The peo- ple and the government demand unselfish as well as indepen- dent action on the part of their lawmakers. Section 7 [Clause i.] All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. In England, the House of Lords, their upper house, cannot amend a bill for raising revenue ; that is the exclusive preroga- tive of the house of the people there. Our system is more gen- erous with our upper house. The power of amendment makes the provision practically useless. [Clause S.'] Every bill which shall have passed the House of Eepre- sentatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration, two-thirds of that house shall agree to pass the bill it shall be sent, together with the objec- tions, to the other house, by which it shall likewise be reconsidered, and if approved by twQ.-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be en- 494 THE CONSTITUTION AND ITS FEAMEES tered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Eepresentatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being dis- approved by him, shall be repassed by two-thirds of the Senate and House of Eepresentatives, according to the rules and limitations prescribed in the case of a bill. These provisions insure a triple examination of all laws. First, by the house where the law, or measure, originates ; then, by the other house; then, by the thoughtful consideration of the President. His disapproval is termed a veto. Out of respect for his mature and intelligent judgment, two-thirds of both houses must concur to pass a measure over his veto. If he is opposed to the measure, yet averse to exercising this serious preroga- tive, he can let the measure become a law without his approval, unless congress, by its adjournment, prevents its return within the ten days named. Where political parties are nearly equal, this puts a formid- able power in the hands of the President. But he cannot exer- cise that power without giving his written reasons therefor, which, as seen, must be made a matter of permanent and public record, and thereby make his conduct subject to historic judg- ment. Section 8 Powers Expressly Given to Congress Powers are of two classes — express and implied. The for- mer, those named in express terms; the latter, what the com- mon law and judicial decisions have settled as a necessary part to enable these express powers to be made effective, but not named in the wording of the express powers granted. The Articles of Confederation distinctly denied all implied THE CONSTITUTION OF THE UNITED STATES 495 powers to the national organization, and reserved to the states all powers not expressly granted to that organization. This was one of its principal defects. [Clause 1.] The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States. This power is an essential of any government. Govern- ments can no more li^'e without money than individuals, and can only raise it in the manner prescribed, or by force, and without regard to law. Taxes are an assessment upon the per- son, called a capitation tax, or upon property and are the share the person and owner should contribute to pay the expenses of the government. Duties and imposts are about the same ; are what must be paid on goods and merchandise brought into a country, or shipped from it. Excises are assessments on cer- tain articles of home manufacture, such as liquors and tobacco, and for special necessity in time of emergency, as war, licenses, stamps on documents, merchandise, etc. The government must raise this money for but two distinct, but very broad, purposes — the common defense and general welfare. Nor can it make these different in different states ; they must be uniform, that is, the same throughout the whole country. [Clause S.] To borrow money on the credit of the United States. But for this power all money for public buildings and other improvements ; for immediate, or extraordinary expenses, as for war ; indeed, for every purpose would have to be raised by immediate taxation. It is not just that one generation should pay for what is to be enjoyed and be for the benefit of future generations, and in this way the burden can be distributed so as to oppress none. Experience has shown this power to be an essential of every government, and as every useful power, to be liable to abuse, and to be carefully watched. 496 THE CONSTITUTION AND ITS FEAMEES It is an international law, that every succeeding govern- ment, whether peaceful or revolutionary, must assume and pay the debts of its predecessor. [Clause 3.] To regiilate commerce with foreign nations, and among the several States, and with the Indian tribes. The constitution contains no more important provision than this. Under it, tariffs for revenue or protection are laid ; privi- leges given the American ship-owner over the ship-owner of a foreign country; our foreign commerce regulated and pro- tected; and our interstate commerce given the security and freedom it enjoys. Our history shows how each state, during the confederation, regulating commerce for itself with foreign nations, and against every other state wrecked both our foreign and inter- nal trade, and was fast dragging the states to the verge of war with each other. Suppose every train, ship, or boat had to stop at every state line, give an account of its passengers and freight, and a duty had to be paid on all merchandise before it could enter the ad- joining state, what a ruinous effect it would have on the busi- ness of this country. So, too, if each state had to protect its own commerce with foreign nations, how powerless to protect its people engaged in trade against the powerful nations abroad, and what confusion in the different tariffs adopted. ' As long as a railroad, or any system of transportation is kept within the state line, the national government has no con- trol, whatever, over it, but once it passes that line into another state it becomes interstate commerce, and the national govern- ment can both regulate passenger and freight rates, make them equal for every traveler and shipper, and prevent any hin- drance to their ready and safe transit. If a foreign nation interferes with or oppresses the com- merce of any state, or lays hostile tariffs against articles pro- duced or manufactured in that state and sent abroad, the na- tional government can make retaliatory tariffs against such THE CONSTITUTION OF THE UNITED STATES 497 articles coming from that country to this, and thus see that the American merchantman is done justice there. All our reci- procity and other commercial treaties come under this clause. It empowers the interstate commerce act, yet in its infancy, but one of the most important and far-reaching laws known to recent legislation. The Indian tribes are considered the wards of the nation, and, therefore, belong to its especial care and control. [Clause 4.] To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States. It will be seen that, by the Fourteenth Amendment, the constitution declares what has always been the right of the na- tional government under that constitution to make citizens. It has no power to make voters. That power belongs, exclu- sively, to the states, and but one prohibition is put upon it, as will be shown. When a foreigner becomes naturalized, he renounces all allegiance to his native land, and becomes a citizen of this, with all the rights of a native-born citizen, except to hold the office of president or vice-president. He is then entitled to the same protection, even if he return to his native land, as a native-born American. He must be protected by the national government in the enjoyment of the same privileges and immunities in every state that- he enjoys in the state where he lives. A uni- form rule of naturalization is, therefore, a national necessity. So, uniform rules on the subject of bankruptcies prevent any state, by its special and peculiar insolvent law, from giving a preference to the creditors of that state over creditors in an- other state, when a man fails and his property should be appor- tioned to pay all alike. [Clause 5.] To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. [Clause 6.] To provide for the punishment of counterfeiting the securi- ties and current coin of the United States. If each state could coin money, or regulate the value thereof 498 THE CONSTITUTION AND ITS FEAMEES and of foreign coin, we would have as many different kinds of coin and values as there are states. As to weights and meas- ures, there might be the same confusion. The currency of uni- form value that we enjoy in every state, and its standard with the nations of the whole earth, attest the efficiency of this power. The business of the country simply could not endure a diverse, or different system, either as to money, or weights and measures. Power to punish the counterfeiting thereof follows as a necessary sequence. It is unlawful to print, or even to paint on a board a fac simile of the currency of the United States. In the District Court of the United States, at Chicago, one who painted a fac simile of the currency of the United States on a board was convicted of violation of the law as to counter- feiting. [Clavse 7.] To establish post-offices and post-roads. To this is due the most efficient and extended postal system in the world. [Clause 5.] To promote the progress of science and useful ai-ts, by se- curing, for limited times, to authors and inventors the exclusive right to their respective writings and discoveries. Under this, laws have been enacted giving to authors a copyright, whereby they have the exclusive right to publish and sell their productions for twenty-eight years, with the privilege of the renewal of such right by the author, his widow, or children for fourteen years more. Patents are letters issued to inventors. They give the ex- clusive right to make and sell the patented article for seven- teen years. There is no privilege of renewal of a patent. This great constitutional power has made this the greatest inventive and manufacturing, as well as the greatest literary nation on the globe. [Clause 0.] To constitute tribunals inferior to the Supreme Court. THE CONSTITUTION OF THE UNITED STATES 499 This empowers congress, not only to establish judicial tribunals, but semi-judicial, such as boards of arbitration, to settle controversies. [Clause lO.] To define and punish piracies and felonies committed on the high seas, and offences against the law of nations. By "high seas" is meant the uninelosed waters of the ocean below low water mark. Beyond low water mark no state has jurisdiction, and the national government must be responsible to foreign governments for the acts of our citizens. Unless it could punish its citizens for felonies thereon, crimes could be committed on the high seas with impunity. [Clause 11.] To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. The president cannot, as kings can, declare war. That sol- emn act is the exclusive prerogative of congress. Letters of marque and reprisal are written authority from a nation to its citizens to take the vessels of another nation, or of the citizens of another nation. These letters may be issued when war does not exist between the two nations, as indemnity for the people injured by the offending citizens of the other nation. Such taking and appropriating of the private property of citizens of a foreign power as indemnity for the wrongs of their fellow-citizens Mnth which they have had nothing to do, is happily growing into disuse, and being condemned by the world powers. [Clause IS.I To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years. This is a nation of peace. This is intended that the people may end a war to which they are opposed, by returning a con- gress that will refuse money to maintain it. No appropriation, even for our regular army, can be made for a -longer period than two years. 500 THE CONSTITUTION AND ITS FEAMEES [Clause 13.] To provide and maintain a navy. As it takes much time to build a navy, appropriations there- for may be for a longer period, for an indefinite period. [Clause Id.] To make rules for the government and regulation of the land and naval forces. As both are under the control of the national government, this necessity naturally follows. [Clause IS.] To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. [Clause 16.] To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia accord- ing to the discipline prescribed by congress. The maintenance of the state militia enables this country to keep up the smallest standing army of any of the world powers. It is smaller, even, than the standing army of Mexico. By having uniform rules and discipline, in event of war a large body of disciplined troops can soon be put in the field. The troops from every state would be familiar with the uni- versal regulations. History shows that nothing is more dan- gerous to itself than an undisciplined army. To develop state ability and state independence, it is left to the states to train and officer the militia under the rules pre- scribed by congress. The supreme court has decided that it is the province of the President to decide when a necessity exists to call forth the militia to "execute the laws of the Union, suppress insurrec- tions, and repel invasions, ' ' not of the state authorities. [Clause 17.] To exercise exclusive legislation in all eases vphatsoever over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of govern- ment of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same THE CONSTITUTION OF THE UNITED STATES 501 shaU be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. This gives congress exclusive legislation over the District of Columbia. All of the municipal affairs of the city of "Washing- ton are conducted under the authority of the congress. In the same manner, all of the national forts, military reser- vations, buildings, etc., are as much under the exclusive control of congress as if not located in the state where they are. [Clause 18.] And to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or oflScer thereof. No broader clause exists in the constitution, or one that has evoked more debate. Under it was chartered the first national bank in our history, during the administration of Washington. The question of the constitutionality of establishing such bank divided his cabinet. Hamilton and Kjiox, respectively secreta- ries of the treasury and war, favored it ; and Jefferson and Randolph, respectively secretary of state and attorney-general, opposed it. The present system of national banks was organized under this authority. So also were what are known as "greenbacks," the currency of the United States, made legal tenders. It will be seen that the states are prohibited from making anything but gold and silver a legal tender, but no such posi- tive prohibition exists as to congress. The constitutionality of making "greenbacks" a legal tender divided the supreme court, and the question provoked much feeling in the country. It is important to know that national bank notes are not a legal tender. If there is a dispute about a debt and the debtor tenders what he considers due, and the creditor sues, but re- covers no more than the amount tendered, he must pay all the costs of the suit. So it may become necessary to tender the amount agreed to be paid for land, or merchandise, to enable the purchaser to enforce the trade. This tender must be made 502 THE CONSTITUTION AND ITS FKAMEES in either "greenbacks," gold, or silver, or there will be no law- ful tender. This clause confirms every implied power that custom, usage, or judicial decisions establish as belonging to the fore- going express powers granted to congress. Section 9 Powers Denied to the United States Great as this government is, it is not one of unlimited pow- ers. There are rights of the citizen and of the people, some of them fundamental in their nature, others based upon public policy, that are enthroned above the powers of the government itself. The principal purpose of a constitution is to protect the peo- ple, not merely from the tyranny of those selected to rule over and make laws for them, but the most dangerous and heartless of all tyrannies — the tyranny of the majority. This is tran- sient, impulsive, and partisan. The people — even the humblest of our citizens — have rights which are permanent, immutable, which belong as much to the minority — to one person — as to the majority. To make such rights absolutely secure, they are embodied in the constitution, the bounds of which must not, cannot be transgressed. Therefore, our constitution makes our national government a government of limited powers ; of powers expressly granted, and necessarily implied therefrom, to give those express powers complete efficiency. The powers granted are unlimited in their authority, but other powers cannot be exercised. To make these denied powers more definite, certain powers are specific- ally named; certain other powers are specifically denied, both to the United States and to the states ; and certain inalienable and other rights of the people are specifically stated, which all history teaches have been habitually violated by despotic and powerful rulers, and even by chosen representatives of the peo- ple. These the constitution puts above the national and state governments, and makes inviolably sacred. THE CONSTITUTION OF THE UNITED STATES 503 To perpetuate the personal rights of the citizen in amplest security; to prevent an unequal burden of taxation being placed upon any shoulder; to develop the production of soil and skill beyond the needs of home consumption, and give the readiest disposition of the surplus abroad; to promote the in- ternal trade and commerce of the country, and forever remove any obstruction thereto; to insure the honest and known dis- bursement of all public money; to preserve the universal equal- ity of the people, and prevent any official being influenced by any foreign power or potentates ; the following powers are expressly denied to the United States. [Clause 1.1 The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. This related to slavery and the slave trade, forever abolished. [Clause ^.] The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. In all Anglo-Saxon history, no writ is held in higher regard. This writ is an order of court directed to the person detaining another commanding him to produce the body of the prisoner at a certain time and place, with the date that the prisoner was taken, and the reasons for his detention, and to obey what the court issuing the writ may order with regard to that prisoner. It prevents the arbitrary imprisonment of any one, and enables one unjustly restrained to regain his liberty. Heavy penalties are imposed by the national and every state government upon any officer or person disobeying this writ. [Clause 3.1 No bill of attainder or ex-post-facto law shall be passed. A bill of attainder is an act of legislation; it is passi.ng a 504 THE CONSTITUTION AND ITS FEAMEES bill by some legislative body decl?ring one to be guilty of some crime, without a hearing being accorded him, and despoiling him of life, liberty, or property as a penalty. In some cases in English history, this penalty was visited upon the heirs of the victim, and they were rendered incapable of inheritance. No legislature in this country can ever thus convict and punish any one. An ex-post-facto law is one which in its operation makes that a crime, or penalty which was not so at the time that the act was done ; or which increases the punishment, or, in short, which in relation to the offense or its consequences alters the situation of a party to his disadvantage. It has no application to civil matters ; is confined to criminal and penal proceedings ; is a retroactive criminal law. It is, for many reasons, to be regretted that all retroactive legislation was not prohibited, but it was not. Such legislation in civil affairs has often been indulged and held to be constitutional. [Claiise 4.] No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. This forever equalizes the burden of taxation upon all of the people. The ingenuity of owners of property enables them to escape much of the intent of the provision, but that is a mat- ter of administration; is the fault of the execution of the laws. Happily our national government is comparatively unknown in the realm of taxation. [Clause 5.] No tax or duty shall be laid on articles exported from any state. This gives the greatest stimulus, the largest liberty to the energies of a producing and manufacturing people, who are fast accomplishing the commercial conquest of the world. [Claiise 6.] No preference shall be given by any regulation of com- merce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another. THE CONSTITUTION OP THE UNITED STATES 505 This fosters the generous rivalry of all, and leaves trade supremacy to the activity of the energetic. To "enter" is to report the arrival of the vessel at the custom house, and give to the officials in charge a writing called a manifest, containing a list of all merchandise the ship contains, and get permission to deliver the same. To "clear," is to furnish a similar list to such officials, and get permission to sail. Railroads were un- known then ; ships and wagons the only method of transporta- tion. This provision enables our various systems of modern transportation to disregard state lines in all internal commerce and trade. [Clause 7.] No money shall be drawn from the treasury but in conse- quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. Before any money can be paid out of the treasury of the United States, a bill must be enacted by congress stating the amount of money and the specific purpose for which it is to be paid, and a statement of every item of receipts and expendi- tures published within a reasonable time in order that the whole country may know how every cent of its money is raised and expended. The constitution believes in the policy of watching an honest government. [Clause 8.] No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office, o.* title, of any kind whatever, from any king, prince, or foreign state. No title of nobility can ever be granted for distinguished services, even for saving the nation. Our gratitude must be expressed in another way. The grandest title in this country is the American citizen. Kings, princes, and foreign states are made powerless to put our officials under any obligation. The President could not accept of a book or a picture from such source, unless a special act of congress permitted him to. The 506 THE CONSTITUTION AND ITS FEAMEES same is true with any of our foreign ministers, consuls, or officers at home. Section 10 Powers Denied to the States To preserve the harmony of national action in regard thereto, as well as to protect the citizen, certain powers are specifically denied to the states. Outside of these denied pow- ers, and the powers conferred exclusively upon the national government, the states legislate as independently of the na- tional government as if it had no existence. This is what is called the sovereignty of the states. [Claiise 1.] No state shall enter into any treaty, alliance, or confedera- tion ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts; pass any bill of. attainder, ex-post-facto law, or law impairing the obligation of contracts, or grant any title of nobility. The observance of this and the third clause of this section would have prevented our civil war. The prohibition to pass any law impairing the obligation of contracts is one of the greatest, if not the greatest, of the pro- tections that the constitution gives to the business interests of the country. It provoked no debate in the convention, and is but twice mentioned in the "Federalist," but has furnished the theater for some of the ablest legal arguments known in ou.r history, notably that of Daniel Webster in what is called the Dartmouth College case, and has been far-reaching in its favor- able results. A charter granted by a state to an educational corporation, or one for business, or for whatever purpose, is held to be a contract that the state can neither revoke, change, or impair. If a man agrees to pay ten per cent per annum interest for money, and such rate is legal when he makes that contract, but the legal rate is reduced to six per cent per annum by a sub- sequent law of the legislature, this does not absolve the obligated party from paying that ten per cent interest. Neither THE CONSTITUTION OF THE UNITED STATES 507 can any change be made in the law whereby the enforcement of the collection of the debt is in any way lessened. This clause keeps the state from any treaty with a foreign power, and confines them to domestic legislation. While a state can- not emit bills of credit, it can issue bonds in payment of its debts or to raise funds for public improvements. The other prohibited evils have been discussed in the prohibition of pow- ers to congress. [Clause f.] No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the congress. Inspection laws are enacted for moral and sanitary reasons. They enable the state to cause the inspection of cattle, food- stuffs, and merchandise imported into, or exported from a state to prevent the people from being imposed upon by arti- cles of spurious manufacture; to prevent the contagious dis- eases of cattle being spread; to prevent adulteration of foods or other merchandise ; and to insure the traffic in honestly- made and wholesome articles. The state can charge such duties and imposts as may be necessary to pay the expenses of such useful provision, but cannot make any profit out of it, or develop it into a sort of interstate tariff* to protect its own citizens. [Clause 3.] No state shall, without the consent of congress, lay any duty of tonnage, keejp troops, or ships-of-war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Tonnage is the number of tons of merchandise that a ship can carry. A duty of tonnage is a tax of so much per ton on the quantity that the ship is able to carry. This prohibition is to promote interstate commerce. The same thing would apply 508 THE CONSTITUTION AND ITS FEAMEES to a freight train as to ships. It simply obliterates state lines in the trade and traffic of the country, makes us one commer- cial as well as political body politic. The result has been a home trade such as no other nation enjoys; an internal pros- perity that has made this the richest nation in existence. To prevent any one state involving the country in war with a foreign power; to insure domestic peace; to bar any attempt to break the Union ; keeping the very implements of war — troops and ships-of-war — in times of peace is forbidden. The wisdom in prohibiting the maintenance of the means that would tempt to strife and promote rebellion is shown in these provisions, and the further positive prohibition that ''no state shall enter into any agreement or compact with another state or with a foreign power." These are all the exclusive prerogatives that, entering into the supreme domain of the Union by the adoption of the con- stitution, the states and the people forever surrendered to the national government. Obedience to this one clause will for- ever banish internal struggle. At the same time, the emer- gency of actual invasion, or such imminent danger thereof as will not admit of delays, is provided for. These are the only exceptions to this established rule. The very language used, the word "invasion," shows that hostile action by a foreign power is meant, not such action by one state against another. The significance of this language, the supremacy of the na- tional authority, is additionally emphasized by the Fourth Amendment to the Constitution, which will be subsequently considered. ARTICLE II EXECUTIVE DEPARTMENT— PRESIDENT AND VICE-PRESIDENT Section 1 [Clause 1.1 The executive power shall be vested in a president of the United States of America. He shall hold his oflfiee during the term of four years, and, together with the vice-president, chosen for the same term, be elected, as follows: THE CONSTITUTION OF THE UNITED STATES 509 The President and Vice-President can be reelected as often as the people wish. Washington's example in refusing a third term has promoted the public sentiment against more than two terms for this exalted office. The President's term is put midway between that of repre- sentatives and senators. During that term the House of Eep- resentatives could be wholly changed twice, and two-thirds of the Senate changed. This gives the people opportunity to elect enough members of both houses to control a President whose conduct did not justify impeachment, yet was obnoxious to them. It is too brief a period to establish the executive tyranny feared in that early day. [Claiise SJ] Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress: but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. At the time the constitution went into effect, these electors were chosen in some states by the legislature, in some by the people in special districts. In 1876 Colorado chose them by her legislature. They are now elected at large in some of the states, so that a bare majority would carry the electoral vote of the whole state. The people have nothing to do, directly, with the election of their President. His election could be made even more indirect than it is. That is, the legislatures could elect the electors, the electors elect the President. It was intended and supposed that the ablest, best acquainted, and most unselfish men in the country would be chosen elec- tors, and that they would make a wiser selection than the peo- ple at large. Any citizen, native or naturalized, is eligible, except the office-holders named. This was done to prevent that official influence then considered the most dangerous influence known. . The body of electors are termed "the electoral college." It has turned out to be the only useless piece of constitutional 510 THE CONSTITUTION AND ITS FEAMEES machinery, if not a dangerous one ; its practical working wholly different from intention and expectation. It is said in the Federalist (No. 67) that this was the only clause of the constitution that not only escaped criticism, but evoked compliment. That it provided for the choice of the people by men selected for this sole and special purpose, who could not be influenced as could a preestablished body. That they would be "most capable of analyzing the qualities adapted to the station, and acting under circumstances favor- able to deliberation. That it would afford as little opportunity as possible to tumult and disorder. That, not being at the time public officials, there would be no opportunity to trade favors for votes, and the election must be free from intrigue, inde- pendent and calmly judicious." Not one of the anticipated advantages has been realized. Office-holders do more to dictate the nominations than all others combined. There is no deliberate, judicious selection by the electors. The election is so full of tumult and excitement that every business interest dreads the presidential year. Above all, this solemn, greatest choice of the nation is confided to any sort of haphazard selection of men v/ho are expected to aban- don any and all personal judgment, and cast their votes as their party prompts. [Clause S.I The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify and transmit sealed to the seat of the government of the United States, directed to the president of the senate. .The president of the senate shall, in the presence of the senate and house of representa- tives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list, the said house shall in like manner, choose the president. But in choosing the president, the votes shall be taken by THE CONSTITUTION OF THE UNITED STATES 511 states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain tvpo or more who have equal votes, the senate shall choose from them by ballot the vice-president. It will be noticed that the constitution, as originally drawn, prescribed no qualifications for the Vice-President. No one was voted for for Vice-President. All were voted for as Presi- dent, the one having the largest number of votes being elected President; the one having the next largest number being elected Vice-President. So that only qualifications for the President were provided for in the fifth clause. The weakness of this method was demonstrated in the third election for President, when John Adams was elected Presi- dent, and Thomas Jefferson, a leader in opposition to the very policy President Adams stood for, was elected Vice-President. This was accentuated in the next election, when Thomas Jef- ferson and Aaron Burr had an even number of electoral votes, but not a majority of all, and, in consequence, the election was thrown into the House of Representatives. Then, as now, when such is the case, the vote is by states, each state having one vot^. the majority of the representatives from each state decidiir. Ihe vote thereof. A bitter struggle ensued. Sick members were brought in on cots to vote. At last, Jefferson was elected by one vote, and Burr became Vice-President. This brought about the Twelfth Amendment, whereby the President and Vice-President are to be voted for separately, and the foregoing clause was made obsolete. This amendment passed the House of Representatives in 1802, but was twice defeated in the Senate. It came up again in 1803, when it passed in the Senate, eighty-two to ten votes. \ In the House of Representatives the vote stood eighty-four to forty-two. the speaker, Mr. Macon, voting in its favor made the bare two-thirds vote necessary to submit the amendment for 512 THE CONSTITUTION AND ITS FEAMEES ratification to the states, which ratified it, seventeen states voting in favor thereof, and four against it. PEESENT METHOD OF ELECTING PRESIDENT AND VICE-PRESIDENT Article XII The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhab- itant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; — the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; — the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation ' from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of repre- sentatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the .two highest numbers on the list, the senate shall choose the vice-president ; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person consti- tutionally ineligible to the office of president shall be eligible to that of vice-president of the United States. The law in regard to the election of Presidential Electors is as follows : THE CONSTITUTION OF THE UNITED STATES 513 The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice- President to be chosen come into office, except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the Legislature of such State may direct. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determi- nation shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, so far as the ascertainment of the electors appointed by such State is concerned. It shall be the duty of the Executive of each State, as soon as practicable after the conclusion of the appointment of electors of such State, by the final ascertainment under and in pursuance of the laws of such State providing for such ascer- tainment, to communicate under the seal of the State, to the Secretary of State of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment 514 THE CONSTITUTION AND ITS FRAMEES ■under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the Executive of each State to deliver to the electors of such State, on or before the day on which they are required to meet, the same certificate in triplicate, under the seal of the State; and such certificate shall be enclosed and transmitted by the electors at the same time and in the same manner as is provided by law for transmitting by such electors to the seat of Government the lists of all persons voted for as President and of all persons voted for as Vice-President; and if there shall have been any final determination in a State of a contro- versy or contest as provided, it shall be the duty of the Executive of such State, as soon as practicable after such determination, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such determination, in form and manner as the same shall have been made; and the Secretary of State of the United States, as soon as practicable after the receipt at the State Department of each of the certificates directed to be trans- mitted to the Secretary of State, shall publish, in such public newspaper as he shall designate, such certificates in full; and at the first meeting of Congress thereafter he shall transmit to the two Houses of Congress copies in full of each and every such certificate so received theretofore at the State Department. The electors of each State shall meet and give their votes on the second Monday in January next following their appoint- ment, at such place in each State as the legislature of such State shall direct. The electors shall make and sign three certificates of all the votes given by them, each of which certificates shall con- tain two distinct lists, one of the votes for President, and the other of the votes for Vice-President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the Executive of the State. THE CONSTITUTION OF THE UNITED STATES 515 The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice- President, are contained therein. The electors shall dispose of the certificates thus made by them in the following manner: One. They shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate at the seat of Government, forthwith after the second Monday in January on which the electors shall give their votes, one of the certificates. . Two. They shall forthwith forward by the postoffice to the President of the Senate at the seat of Government, one other of the certificates. Three. They shall forthwith cause the other of the cer- tificates to be delivered to the Judge of the District Court of the United States of that District in which the electors shall assemble. Whenever a certificate of votes from any State has not been received at the seat of Government on the fourth Monday of the month of January in which their meeting shall have been held, the Secretary of State shall send a special mes- senger to the District Judge in whose custody one of the certificates of votes from that State has been lodged, and such Judge shall forthwith transmit that list to the seat of Government. The electors appoint the messenger to deliver the cer- tificate mentioned by ballot, lot or otherwise, as they see fit. This messenger is allowed twenty-five cents for every mile of the estimated distance, by the most usual road, from the place of meeting of the electors to the seat of Government of the United States, and is subject to a fine of $1,000.00 for neglect to perform the service required from him. In case there shall be no President of the Senate at the seat of Government on the arrival of the persons entrusted with the certificates of the votes of the electors, then such 516 THE CONSTITUTION AND ITS FRAMEES persons shall deliver such certificates into the office of the Secretary of State, to be safely kept, and delivered over as soon as may be to the President of the Senate. The electors, in voting for President and Vice-President, are prohibited from voting for two persons who are from the same State, that is, the President and Vice-President must be from different states. Congress shall be in session on the second "Wednesday in February succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the hall of the House of Representatives at the hour of one o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the cer- tificates and papers purporting to be the certificates of the electoral votes, which certificates and papers shall be opened, presented and acted upon in the alphabetical order of the states, beginning with the letter A; and said tellers having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascer- tained and counted in the manner and according to the rules in this Act provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice-President of the United States, and together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the Presi- dent of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one member o£ the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a THE CONSTITUTION OF THE UNITED STATES 517 State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision ; and the Speaker of the House of Representatives shall, in like manner, submit such objec- tions to the House of Representatives for its decision ; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been law- fully certified to, as provided, from which but one return has been received, shall be rejected, but the two Houses con- currently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regu- larly given by the electors who are shown by the determina- tion mentioned to have been appointed, if the determination provided for shall have been made, or by such successors or substitutes, in ease of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State ; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned, is the lawful tribunal of such State, the votes regularly given by those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the deci- sion of such State so authorized by its laws ; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall con- currently decide were cast by lawful electors appointed in accordance wnth the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the 518 THE CONSTITUTION AND ITS FEAMEES counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the Executive of the State, under the seal thereof, shall be counted. When the two Houses shall have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. While the two Houses shall be in meeting as provided in this Act the President of the Senate shall have power to preserve order; and no debate shall be allowed and no ques- tion shall be put by the presiding officer except to either House on a motion to withdraw. When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. At such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the ♦ Speaker's chair; for the Speaker, immediately upon his left; the Senators in the body of the hall upon the right of the presiding oifieer ; for the Representatives, in the body of the hall not provided for the Senators; for the tellers. Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this Act, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, THE CONSTITUTION OF THE UNITED STATES 519 to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of ten o'clock in the fore- noon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. If, by the fourth of March next following, no person have such majority, the life of that Congress then ending by opera- tion of law, the joint session of the two Houses is, ipso facto, dissolved, and each proceeds to conduct an election; the House of Representatives for President, the Senate for Vice- President, as follows : From the persons having the highest number of votes, not exceeding three, on the list of those voted for as President, the House of Representatives proceeds to choose, by ballot, the President. This vote is taken by states, the representatives from each state having one vote, so that the majority of the representatives from each state decide for whom the vote of that state shall be cast. A different course is pursued by the Senate in the election of the Vice-President. The senators vote as individuals, not as representing particular states. There is no provision in the constitution as to whether the vote in the Senate shall be by ballot, or viva voce. The only conditions are, that two-thirds of the whole number of senators shall be present, and that a majority of the whole number shall be necessary to a choice. From the two highest numbers on the list of those voted for as Vice-President, the Senate elects the Vice-President. This method is not only a useless but dangerous piece of mechanism. The original theory was, that the people at large could not possibly be well enough acquainted with public men to judge of their qualifications for this exalted office. That electors, eminent in moral and intellectual character, who were personally acquainted with the qualifications of the statesmen of their time, would be chosen, and that they would make the best selection. Political parties, such as now exist, were then unknown. These electors were to both nominate and elect. 520 THE CONSTITUTION AND ITS FRAMEES The presidential electors have come to be merely so many automata to register the vote of their respective parties, and, in the main, are chosen simply to compliment the individual. Not one voter in a thousand pays any attention to who they are, or realizes their constitutional power. Their names are seldom, if ever, mentioned in a campaign, nor are they consid- ered in the election. An analysis of the men composing the electoral college would present the craziest quilt in character and qualification known in our political life. At the tenth presidential election there were four candi- dates: Andrew Jackson, John Quincy Adams, "William H. Crawford, and Henry Clay. No one received a majority of the whole number of electoral votes, and the election was for the second time thrown into the House of Representatives, when Mr. Adams received thirteen. General Jackson seven, and Mr. Crawford four votes ; Mr. Adams being elected President, General Jackson having received the largest number, both of electoral and popular votes, on the original count, never got over this. In nearly every message he sent to congress, after he was subsequently elected President, he advocated an amend- ment to the constitution whereby the President should be elected by direct vote of the people. In 1873, Horace Greeley having been the year previous the nominee for President and B. Gratz Brown for Vice-President, and Mr, Greeley having died after the election, but prior to the casting of the electoral vote, the electors chosen in their be- half, instead of voting for Mr, Brown, the legitimate heir to the presidency on his ticket, voted as follows: for Thomas A. Hendricks, 42 ; for B. Gratz Brown, 18 ; for Charles J. Jenkins, 2; for David Davis, 1. In 1876, the two candidates receiving the highest number of votes M^ere Rutherford B. Hayes and Samuel J, Tilden. Mr. Tilden had a popular majority, according to the Democratic count of 264,292; according to the Republican count, of 252,- 224. When it came to count the electoral vote, congress had before it three certificates from Florida for its electoral vote, and two certificates, each, from Louisiana and Oregon for their THE CONSTITUTION OF THE UNITED STATES 521 electoral votes. There was no law to settle which was the proper electoral vote of a state when such conflict existed. An electoral commission was agreed upon, consisting of fifteen members, five from the supreme court, five from the Senate, and five from the House of Representatives. This commission was composed of eight Republicans and seven Democrats, and by a vote of eight to seven decided that Mr. Hayes was the lawfully elected President. There is nothing in the constitution, or any other enacted law, obligating any member of the electoral college to vote for the candidate for whom he is chosen to vote. Should he exer- cise the freedom of judgment the constitution intended he should, he could vote for any one he saw fit. In the present careless manner of choosing presidential electors, it is both possible and probable that a self-willed or corrupt elector may be chosen, who, through bribe or pique, could be led to betray his party and thwart the will of his constituents by either vot- ing for the very candidate he was chosen to vote against, or for some other, whereby there would be no election by the elec- tors, the election thrown into a House of Representatives whose majority by states was adverse to the candidate for whom he was chosen to vote, and thus the same end accomplished. Within ten days after the November election, the whole country knows the result, and the fact that all vote in their several states on the same day far from precludes that com- bination and trickery in the meantime that was intended by their simultaneous vote. At the same time that John Jay was governor of New York, and his, the Federalist party, was in a majority in the legisla- ture, and the legislature elected the electors, the opposite party proposed a measure changing the law, so as to have the elec- tors chosen directly by the people in separate districts. The Federalists, confident of a majority in the succeeding legisla- ture, opposed it. When it was seen that the new legislature would be anti-Federalist, Alexander Hamilton wrote to Gover- nor Jay to convene the legislature, and have it pass a law for the election of electors by the people, just such as the over- 523 THE CONSTITUTION AND ITS FEAMEES confident Federalists had opposed. Governor Jay indorsed on that letter, ''Proposing a measure for party purposes, which I think it would be unbecoming in me to adopt." After his death, this letter with the indorsement on it was found among his papers. Political scheming is not confined to any one era. There have been and will be governors so swayed by party thraldom that they would not display the lofty patriotic integrity of Governor Jay, who resigned the high office of chief justice of the Supreme Court of the United States to become governor of New York. A partisan governor, backed by a partisan legis- lature, seeing the drift of sentiment against their party, and in which state the people were allowed to elect the electors, might change the law so that the legislature could elect the electors, and thus defeat the will of the people. Each of the presidential contests mentioned came near agonizing the country with the throes of revolution. It may take some dread event to bring about the needed change. [Clause 4.1 The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. This simultaneous vote of the far-separated states may at that time, when communication was so difficult, have secured a fair selection, free from trade and combination of candidates. There was no opportunity to get together and intrigue for advantage. The annihilation of time and space by telegraphs and rail render the reasons for the adoption of this provision nearly, if not entirely, groundless. There is now ample time and opportunity to concoct the very combinations and schemes it was believed this clause would avoid. {Clame 5.'] No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years resident within the United States. THE CONSTITUTION OF THE UNITED STATES 523 Many citizens of foreign birth, at that time, had braved the dangers of the battles of the Revolution, been members of the Continental Congress, and some such were members of that very convention. They were justly given all the opportunities of honor accorded the native born. No one but a native is now eligible. It was deemed that long residence out of the country would unfit a native for this high office ; deprive one of the knowledge of and interest in the conditions and affairs of the land necessary to fit him for its high office. Residence abroad as minister, consul, or in other official capacity is not considered residence without the coun- try, and is not reckoned against an aspirant for any office. [Clause 6.] In case of removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the congress may by law provide for the case of removal, death, resignation, or inability, both of the president and vice-president, declaring what officer shall then act as president; and such officer shall act accordingly until the disability be removed, or a president shall be elected. At first, the vice-presidency was considered of equal im- portance to the presidency. Men of most distinguished quali- fication were selected, and several succeeded to the presidency. Then the estimate of its importance lapsed, but that estimate is returning to its original strength with politicians and people alike. Five times the Vice-President has succeeded to the presi- dency. Four failed of renomination, and alienated their party on their accession. President William Henry Harrison died after serving but one month, and was succeeded by Vice-Presi- dent John Tyler. President Zaehary Taylor died after serving one year and four months, and was succeeded by Vice-Presi- dent Millard Fillmore. President Abraham Lincoln was assas- sinated but little over a month after his second election, and was succeeded by Vice-President Andrew Johnson. President James A. Garfield, after serving six months and fifteen days, died at the hands of an assassin, and was succeeded by Vice- President Chester A. Arthur. President William Mckinley, l^lLi^ 534 THE CONSTITUTION AND ITS FRAMERS having served six months and ten days of his second term, be- came our third martyred President by an assassin's bullet, and was succeeded by Vice-President, Theodore Roosevelt. These fateful lessons are teaching the American people to select can- didates of equal calibre for these exalted offices. In case of the death, resignation, or disability of both Presi- dent and Vice-President, congress has provided that the mem- bers of the President's Cabinet shall succeed to the office in the following order: Secretary of State, Secretary of the Treas- ury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior, Secretary of Agriculture and Secretary of Commerce and Labor, until the disability is removed or a President is elected. In sueh event, the acting President, if Congress is not then in session, must call a special session, giving twenty days' notice thereof. [Clause 7.] The president shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. This compensation is now seventy-five thousand dollars per year, payable monthly. He is allowed, in addition, twenty- five thousand dollars per year for travelling expenses, that he may frequently visit and come in personal touch with the people of the country, they with him, and, both, directly confer on the policies of government. He is, also, allowed stated sums for salaries of secretaries, stenographers, and other necessary assistance, and for the maintenance of the "White House," his official residence, but not for what might be termed the "living," or domestic expenses of his house- hold, state entertainments, etc., which entail no little personal expense, unavoidable in his exalted office, and such as are provided for out of the public funds by other nations. For this reason, none of our Presidents have ever been able to save much, if anything, out of their salaries, and a proper life-pension for our Presidents, after leaving that high THE CONSTITUTION OF THE UNITED STATES 525 office, as is provided for the Justices of the Supreme Court, has strong advocacy among our whole people. Inability to increase or diminish that salary puts him beyond the temptation of yielding to congress for the sake of gain; robs congress of the power to coerce him by reducing his salary; and, in that regard, insures his independence from sordid or menial motives. [Clause 5.] Before he enters on the execution of his office, he shall take the following oath or affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and wiU, to the best of my ability, preserve, protect, and defend the con- stitution of the United States." In addition to the noblest motives that could inspire the ambition and patriotism of mortality, the solemnity of an oath or affirmation before the God to whom every member of that convention gave no idle, but the most supreme and reverent worship, was required of him who assumed the awe-inspiring duties, responsibilities and obligations of the office which every true American regards as the highest on this earth. Section 2 Powers of the President [Clause 1.] The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the j)rincipal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. [Clause S.] He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments. 526 THE CONSTITUTION AND ITS FRAMEES [Clause 3.1 The president sliall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. The fear of the "Fathers" for any sort of one-man power, of royal or kingly rule, is shown in the scant and shorn powers of the President. His only exclusive powers (that is, those in the exercise of which he need consult no one ; is not required to seek the advice and consent of any one) are as follows: He has the powers of the Commander-in-Chief of the Army and Navy of the United States at all times, but over the militia of the several states only when called into the actual service of the United States. In times of peace he has no control over the state militia. He can pardon or reprieve for any offense against the United States, except in cases of impeachment. In such cases, he cannot save his political friends. He can compel the opinion, in writing, of the principal officer in each of the executive departments, upon any of the subjects relating to the duties of their respective offices. He can nominate whomsoever he sees fit for the offices named; and if the Senate be not in session, he can commission such officers, and they can perform the duties of such offices until the last day of the succeeding session of the Senate. If he found such person would not be confirmed for the office by the Senate, he could refrain from nominating any one for the office, let the commission of such person so expire, and reappoint him when the Senate ad- journed. In this way, he could keep a person obnoxious to the Senate in office. But there is small probability of such advan- tage being taken. He can convene both or either house of congress whenever he alone deems it necessary; and in case of disagreement between them as to the time of adjournment, can adjourn them to such time as he sees proper. He can receive, or refuse to receive, ambassadors and minis- ters of foreign powers. Receiving such officials is recognition of the government that sends them to this government. Should this be a new government that had rebelled against an existing government, known as one of the nations of the world, it would THE CONSTITUTION OF THE UNITED STATES 537 be a serious matter, and might lead to war with the old govern- ment. So, refusing to receive such official from such new, or any government, unless the official was personally obnoxious, while it would not lead to war, might involve the nation in serious embarrassment. The intelligent discretion of our presidents in such matters has never been abused by its wrongful exercise. All other powers he must exercise by and with the advice and consent of the Senate. If the Senate be in session, he cannot commis- sion an officer, even in his own Cabinet, without such concur- rence. Then, he can only nominate, and they cannot act until the Senate confirms their appointment. Thus, it will be seen, his constitutional powers, so far as they may be considered personal powers by virtue of his office, are very limited. They are mainly moral, as the head of the government and his party. His power of patronage is great, because, while the Senate must by a majority vote confirm his appointments, no person or power can dictate whom he shall nominate. However much the entire Senate might desire to place some person in position, they could not do so unless the President saw fit to nominate him. He has the advantage in that, and it gives him his principal practical power. The burden put upon the President by persistent office- seekers, and by members of congress striving to reward their friends, in the effort to secure such nominations, is almost past mortal endurance, and undoubtedly conflicts with the higher duties he owes to the whole people, and deprives him of much of the opportunity he should have to consider the weighty mat- ters of general concern. Nor is it the least cause of much inter- ested dissatisfaction and unjust criticism. Section 3 ffuties of the President He shall from time to time give to the consTrcs information of tfie state of the Union, and recommend to their consideration snch measures as he shall judge necessary and expedient ; he may, on extraordinary oceasions, 528 THE CONSTITUTION AND ITS FEAMEES convene both houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. This information and recommendation is given by what is called the President's message. These messages have no bind- ing force, are merely suggestive. They have constituted a series of the ablest state papers and historical information the country possesses. When a law is enacted, with or without his approval, it is his sworn duty to have it executed. He has no option about the matter then, however much he may feel that it is a bad law. Of his many terse sayings that have become keynotes for the country's conduct, none are of more significant and instructive value than this of President Grant: ''The best way to secure the repeal of a bad law is to enforce it." Section 4 Impeachment of the President and All Civil Officers The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. By a learned authority it is said : "All officers of the United States who hold their appointments under the national gov- ernment, whether their duties are executive or judicial in the highest or in the lowest department of the government, with the exception of the officers in the army and navy, are properly civil officers within the meaning of the constitution, and liable to impeachment." Article III — Section 1 The Judicial Department — United States Courts [Clause l.'\ The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. THE CONSTITUTION OF THE UNITED STATES 509 Under this clause the vast system of United States courts has been established. The Supreme Court, at first, consisted of a chief justice and five associate justices. It was enlarged to nine associate jus- tices, and then the number reduced to eight, as at present. There are nine circuits, corresponding to the number of justices on the supreme bench, in which one of their number, by special assignment, presides annually with one of the cir- cuit judges. In each circuit is a circuit court of appeals, in which the circuit and district judges are competent to sit. There are now twenty-six circuit judges, and seventy district courts with that number of district judges, besides the courts of the territories and the District of Columbia ; and the court of claims, the latter sitting in the city of "Washington. The judges in the territories are appointed every four years ; the others hold office during good behavior, or for life. They are made independent in income, in that their salaries never can be diminished, and can be removed only by impeach- ment. The other officers of national courts are the attorney-gen- eral, the district attorneys, the marshals, and the clerks. All but the clerks are appointed by the President, by and with the advice and consent of the Senate. The Attorney-General is a member of the President's Cab- inet. He attends to all the business of the government in the Supreme Court, and advises the President and other executive officers upon all questions of law, and often directs the action of the district attorneys. The marshal performs the same duties for the government as the sheriff does for the county. The clerks perform the same duties for the United States courts as do the clerks for the state courts. Their appointment is vested by congress in the judges of the various courts. They have the custody of the seal and the records of their respective courts ; sign and seal all processes ; receive the money paid into the court, and must render an account thereof to the court at each of its sessions. 530 THE CONSTITUTION AND ITS FRAMEES No department of our government has ever enjoyed that respect, if not reverence, that is accorded our supreme court. The sentiment of jurists, statesmen and people, not only of our own country, but of the civilized world, could not be better ex- pressed than as follows, in Bryce's "Amerioan Common- wealth:" "No product of government, either here or elsewhere, has ever approached it in grandeur. Within its appropriate sphere it is absolute in authority. From its mandates there is no ap- peal. Its decree is law. In dignity and moral influence it out- ranks all other judicial tribunals of the world. No court of either ancient or modern times was ever invested with such high prerogatives. Its jurisdiction extends over sovereign states as well as the humblest individual. It is armed with the right, as well as the power, to annul in effect the statutes of a state whenever they are directed against the civil rights, the contracts, the currency or the intercourse of the people. ''Secure in the tenure of its judges from the influence of politics and the violence of prejudice and passion, it presents an example of judicial independence unattainable in any of the states and far beyond that of the highest court in England. Its judges are the sworn ministers of the constitution and are the high priests of justice. Acknowledging no superior, and re- sponsible to their consciences alone, they owe allegiance only to the constitution and to their own exalted sense of duty. No institution of purely human contrivance presents so many features calculated to inspire both veneration and awe." Section 2 Jurisdiction of the United States Courts — Where Trials Shall Be Had [Clause i.] The judicial power shall extend to all eases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made or which shall be made, under their authority; to all cases aifecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United THE CONSTITUTION OF THE UNITED STATES 531 States shall be a party; to controversies between two or more states; between a state and citizens of another state ; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. Under the above clause, a state could be sued. This was once done, and was considered such an offense to the dignity of the state that it was made obsolete by the Eleventh Amend- ment to the Constitution. (Chisholm vs. Georgia, 2 Dallas, U. S. Supreme Court Reports, page 419.) All of the states have established courts of claims, wherein justice may be done those asserting claims against them, and whose judgments are obeyed without recourse to an officer to enforce them. Eleventh Amendment Article XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against any of the United States by citizens of another state, or by citizens or subjects of any foreign state. Upon any question wherein a constitutional right is in- volved, suit can be brought in, or taken from a state court to the United States courts. The citizen of one state suing the citizen of another state, can bring his suit either in the court of the state where the latter is, or in the United States court. If two citizens of the same state have a controversy about lands held under grants of different states, they have the same op- tion. The same if a native sues a foreign citizen. The foreign citizen, if sued in a state court, can have the case transferred to the United States court, unless his country and this be at war. The design is to provide a tribunal having no mterest on the one side more than on the other. So that where one fears state partiality or prejudice, he can resort to the court common to all— the United States court. This leaves the great volume of ordinary rights to be settled in the state, or local courts. 632 THE CONSTITUTION AND ITS FEAMEES Original Jurisdiction [Claiise ^.] In aU cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the congress shall make. Original jurisdiction means the first court in which a suit can be brought. It is an international law that ambassadors and other officials of a foreign power are not subject to the laws of the nation where they are stationed. Their rights, powers, and duties come under the law of nations. All countries are subject to this law. Being an international matter when they are affected, only the highest court in the country can consider questions concerning them. In the same manner, the states are held to be of too great dignity to sue or be sued by each other in any other than this court. How and Where Trials Shall Be Held— Trial by Jury Made Permanent and Inviolate [Clause 3.] The trial of all crimes, except in cases of impeacTiment, shall be by jury; and such trials shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. As trial by impeachment has been otherwise provided for, the sacred right of trial by jury in all criminal matters is here- by made forever inviolate. Such trial must be had in the state where the offense is charged to have been committed, that the accused may have every opportunity of procuring his wit- nesses, and being tried by a jury unprejudiced against him, as they might be against one from another state. The transporta- tion of Americans to England for trial doubtless occasioned this provision. If the crime should be committed in territory belonging to the national government, and beyond the state's borders, the fixing of a place for the trial thereof by congress results as a necessity. THE CONSTITUTION OF THE UNITED STATES 533 Section 3 Treasoii — What It Shall Consist of — Limits of Testimony to Convict — Limit of Power to Punish For [Clause 1.] Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. [Clause S.] No person shall be convicted of treason unless on the tes- timony of two witnesses to the same overt act, or on confession in open court. [Clause 3.] The congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. So many offenses were formerly and in other countries denominated treason, and it was made so much a matter of politics to ruin adversaries, that what it should consist of was simply defined in the constitution, and confined to the two things named. No one witness is allowed to convict a man, nor can any confession, outside of the court-room, be testified- to. no matter how many witnesses were ready to swear they had heard it. History shows so many unjust convictions for this crime through coerced, tortured confessions, and flagrant perjuries by partisans, that every precaution was taken to guard against them. It is the most infamous crime known against govern- ment. So many have been the temptations, so heinous the efforts to convict of it, that proof of it must be made beyond peradventure. The punishments therefor have been of such revolting atrocity, that congress was left to fix that punishment, under the clause that cruel and unusual punishments should not be in- flicted. Nor are the innocent heirs of the convicted to be af- fected. Their burden of shame is ample, without barring the right of inheritance, or making them share in suffering for something with which they had naught to do. 534 THE CONSTITUTION AND ITS FEAMEES Article IV — Section 1 State Records Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may by general laws -prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Should any question come up in one state as to what was the law in another, a copy of the law published under the au- thority of the state in question would settle what that law was. So a properly authenticated copy of any state record is taken as true by any other state. The successful party to a suit once tried in one state can never be harassed by its re-trial in another state. If he wished to enforce a judgment he had so obtained in one state on prop- erty in another state, he would not have to re-try the case, but bring suit on the judgment, and establish it by the records of the state where obtained. So, if sued, and he had defeated the suit, and it was brought against him in another state, the for- mer record enables him to have all proceedings stopped in the state where the suit was brought over again. Section 2 What Are Privileges and Immunities of Citizens [Clause i.] The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. These are not political privileges, but those fundamental rights of the citizen that are regarded las inalienable. These are the right to contract; to pursue a lawful vocation; to enjoy equal conveniences of transportation and lodging; to enjoy the same rights of life, liberty, and the pursuit of happiness that the citizens of the state where he might be enjoy in their do- mestic and business relations. It does not allow the importation from one state to another of the right to vote, or any other peculiar political privilege allowed in the state from which one comes. THE CONSTITUTION OF THE UNITED STATES 535 [Clause S.] A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. As the officers of one state have no more authority in an- other than a private citizen, this enables fleeing criminals to be brought to justice in the state whose laws they have offended. This is accomplished by the governor of the state from which the criminal fled sending an officer with a written request, called a requisition, to the governor of the state where the per- son is, that such person be apprehended and delivered to such officer to be brought back to the former state to be dealt with according to its laws.. When the requested governor honors the requisition, he orders the sheriff, or some officer of his state, to arrest and de-- liver such person to the officer of the sister state. The crim- inal is then as much in the custody of the latter officer as if he were in his own state. [Clause 3.] No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Under this clause fugitive slave laws were enacted. It is now obsolete. Section 3 New States and Territories [Clause I.] New states may be admitted by the congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislature of the states concerned as well as of the congress. It has always been the policy of our government to develop the territories into states as rapidly as possible. "When a terri- tory wishes statehood, it applies for admission as a state ; shows 536 THE CONSTITUTION AND ITS TEAMEES its population and resources, its fitness and ability to have and maintain a state government, and submits its proposed Con- stitution for approval by Congress, Congress then decides whether or not to grant the request, and upon what terms and conditions as to the constitution it shall adopt. No state sovereignty can ever be invaded by consolidating or dividing states by congress alone. This must be a mutual matter, all concerned, the legislatures of the states affected and congress consenting. It will be noticed that the prohibition is as much upon the states acting alone as it is upon the national congress so acting. [Clause 2.'] The congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property- belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. Under this clause, the vast and beneficent system of acquir- ing homesteads on public lands has populated prosperous states, once thought to be worthless for habitation. It makes possible the proper government of all newly acquired territory, and other government domain or property. At that time many of the states had individual ownership of vast tracts of land, and provision is made preventing de- spoiling them thereof, at the same time allowing the national government to assert its rights in such as it had acquired or claimed rights to land. Section 4 The United States shall guarantee to every state in this Union a repub- lican form of government, and shall protect each of them against invasion, and on application of the legislature or of the executive (when the legis- lature cannot be convened) against domestic violence. This supports every state government with the national power. It insures republican government in all. It is an in- vulnerable shield against foreign invasion. To attack any one state is to attack all. THE CONSTITUTION OF THE UNITED STATES 537 Much heated discussion has been occasioned by the last part of this clause. Twice the national government sent troops to the state of Illinois to quell domestic violence, and both times the governors stoutly protested against it. In the last instance, it was claimed under the right and duty of the national govern- ment to protect interstate commerce. The contention was, that unless either the legislature or the governor requested it, the national government had no right to send its soldiers into a state ; that the state must preserve order within its bounds, and the national government come only on call. Article V Power and Method of Amendment The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by. the congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. This gives two ways to propose and two ways to pass amendments to the constitution. Two-thirds of both houses of congress can propose amendments. "When two-thirds of the legislatures of the states apply therefor, congress must call a convention to propose amendments. Congress decides whether such proposed amendments shall be ratified by the legislatures of the states, or by conventions called in each for this specific purpose. Either way is an indirect way for the people. They do not vote directly on amendments, but for members of the legisla- ture, or the convention who are supposed to carry out their wishes. Three-fourths of either the legislatures or conventions 538 THE CONSTITUTION AND ITS FEAMEES must ratify the amendments to make them part of the constitu- tion. Proposing them by congress and ratifying them by the legislatures is the only method employed so far. No amend- ment can ever be made depriving the states of equal suffrage in the Senate. Article VI Public Debt — Supremacy of the Constitution — Oath of Office — Religious Test [Clause i.] All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. This is simply the declaration of an international law, and was doubtless to assure our then clamorous creditors that the new government would keep faith with them. [Clause S.'\ This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwith- standing. No plainer definition and declaration of national supremacy could be framed. [Clause 3.'] The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial ofl&cers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. The constitution not only declares the national constitu- tion, the laws, and the treaties of the national government to be the supreme law of the land; not only puts the officers of the national government under solemn oath or aifirmation to sup- port it, but further asserts that supremacy by making it a condition to holding any legislative, executive, or judicial office THE CONSTITUTION OF THE UNITED STATES 539 in a state, to take a solemn oath or affirmation to support the national constitution. This is the only qualification or condi- tion that it imposes upon a state official. In so doing it asserts its supremacy. "While no religious test can ever be required to any office or public trust under nation or state, as to its own officers, here is recognition of the Supreme Being, under whose guidance this government was founded, this constitution framed. Article VII The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. The eleven states that at first ratified the constitution, and every state that has since come into the Union, took this consti- tution on its terms, adopted it in whole and part, and are in- separably and forever bound by its solemn terms. The Amendments to the Constitution The dearest legislative child of the Magna Charta was the English Bill of Eights, enacted in 1689, when William and Mary were given the crown only on condition that they signed and made oath to observe it. Every monarch since has so pledged to uphold it, upon his or her accession to the throne. As English subjects, reverent regard for it was hereditary. As thoughtful men, it appealed to their best intelligence. As regardful of all history, and especially of the disastrous despot- ism practiced by their rulers in every colony, in disregard of its salutary provisions, its value as an established and observed statute grew in universal estimation. About the first thing considered in every American state constitution was a Bill of Rights, modeled upon this time-honored product of most thoughtful evolution and bloody experience. The proposed constitution contained no Bill of Rights, This omission was the most influential, the most powerful argument with which the opponents of the adoption of the 540 THE CONSTITUTION AND ITS FEAMEKS constitution appealed to the historic experience, the common sense, the conscience, the republican prejudices of the people, and cited the indisputable example of all history to support. Its establishment as law had been the heroic struggle of the ages; its higher enthronement the cherished dream of a liberty- loving, liberty-seeking people. The wounds of its disregard smarted yet. This omission was opening the door for the entrance and enthronement of a cloaked tyranny in the guise of promised republican government. The hope and promise of its incorporation into the con- stitution by amendment was the inducement to support held out by the advocates for adoption. But for that, it is probable the wavering scale would not have turned in a favorable way. This hope was realized, this promise fulfilled in the so early adoption of the first ten amendments to the constitution, which are almost a verbal repetition of that Bill of Rights, that they may be considered as part of the original instrument. They are the people's original part, and as strong a witness as our history offers in establishment of the collective wisdom of the people — a wisdom that has steadily grown in the estima- tion, not only of our own statesmen, but in that of the rulers and philosophers of the whole world. In our universal sense of absolute security; in the un- molested enjoyment of prevailing liberty under a government so strong, yet so gentle that we fail to feel the weight of its benign existence, we the people, who owe what we are^ as a nation, to this constitution, know too little, even of these amendments, that every American citizen and every American child should have by heart. AMENDMENTS Article I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances. THE CONSTITUTION OF THE UNITED STATES 541 But for religious intolerance, there would have been few, if any, Tories in America. The Bible's God needs no belittle- ment by a mortal law to secure an insincere support. He whose outstretched hand showered this earth with its treas- ures, and holds the countless worlds of the universe in match- less harmony, calls on no puny power of frail humanity to help maintain His immutable rule. God does not need humanity; humanity needs Him. This is the voice of the constitution, disdaining the vain egotism of the church needing state sup- port, and leaving, for all time, to individual conscience the worshipful adoration of that God ; the seeking of His support. The consequence is, a country of churches, and a profound, underlying religious sentiment that keeps pace with its grow- ing intelligence and makes the non-state-supported church the strongest police power the country owns, not to speak of its character culture, its moral upbuilding, its constant and count- less leadings to a higher and happier life. Those great levers and bulwarks of liberty — free speech and a free press — can never be encroached upon. But there is a vast difference between liberty and license, or rather the licentiousness of utterance and publication. The exercise of the right cannot be abridged ; its abuse is punishable. Written falsehood is libel; spoken, is slander. All of the states have laws imposing heavy penalties for either. Besides, the injured party can recover personal damages therefor. No public meet- ing of the people can ever be prevented, or dispersed, no matter what it is held for, if it be peaceable. The right of petition herein provided for has been so highly regarded that many of our most eminent statesmen have, as a matter of constitutional duty, presented petitions, when the granting of what was asked for they opposed, but would not refuse to present the petition. Article II A well-regulated militia being necessary to the security of a free state the right of the people to keep and bear arms shall not be infringed. 542 THE CONSTITUTION AND ITS FRAMEES Every one has the right to bear arms, but not concealed. In all of the states, the pernicious practice of carrying con- cealed weapons is severely punished. A well-regulated militia saves the danger and expense of a standing army of magnitude, and at the same time furnishes the ready source to marshal a trained body of soldiers, if a sudden necessity demands a military force. "War is always to be dreaded, and should be the last resort of every nation, but the best preventive of this supreme evil is the ability to carry it on. Article III No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war but in a manner to be pre- scribed by law. This clause was due to the exasperating experience of the colonies preceding the Revolution, In peace or war, the quar- tering of soldiers in private houses has never been and prob- ably never will be done by our government. Even in war, the laws provide for just compensation, and against any unreason- able inconvenience to the owner. Article IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or aflSrmation, and particularly describing the place to be searched, and the persons or things to be seized. No officer, simply because he is an oiScer, has the right to search a house, or lay his hands on a person, their papers, or effects. Before this can be done, some one must file a written affidavit before a judge, justice of the peace, or other judicial officer, setting forth the offense he complains of, the name of the person charged with its commission, or the papers or effects he claims the right to have seized, and a particular description of the place to be searched. If such judicial officer THE CONSTITUTION OF THE UNITED STATES 543 believes there is probable cause for the complaint, he issues and signs what is called a warrant to some officer. Then, and not until then, can the officer act under it. ^uch officer must read, or let the party charged read this warrant. He must show his lawful authority before he acts. Otherwise, he sub- jects himself to prosecution; ^limself and his bondsmen to a civil suit for damages, and gives the party whom he attempts to seize, or whose house he attempts to search, the right to resist, by proper force, his action. Article V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war and public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal ease to be a witness against himself, nor to be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Except as to the forces named, which are governed by military law, no one can be tried for a crime until after indictment by a grand jury. An indictment is a very par- ticular, written statement of the time, place, and circumstances of the offense, signed by the foreman of the grand jury, and made by this body, which consists of not less than twelve, nor more than twenty-three persons, after examining the witnesses in regard thereto. It must be so full and careful in statement that the accused can make his defense with all reasonable knowledge and ability. No one can be tried for the same offense twice, even if after acquittal therefor he confesses his guilt. Nor can he be coerced or tortured into confessing his guilt. By due process of law is meant, not only the laws of the United States and the states, but the common law, the regular course of procedure in the courts, and all the formalities whereby one is given due notice of what claim is asserted 544 THE CONSTITUTION AND ITS FRAMEKS against him, and opportunity to make his defense and assert his rights. Private property can be taken for public uses, such as court and school houses, streets, etc. But before this can be done, a petition to condemn it must be filed in a competent court; the case must be tried by a jury of his fellow citizens ; they must assess the value of that property, and that value must be paid to that owner before he can be dispossessed of his property. If a man 's property is destroyed or injured by a mob, or in a riot, he can recover the value thereof from the municipality that fails to protect it. If he have no property but his hands, is a laborer or mechanic, and is prevented from earning an honest living by lawful labor by some combination of men, it seems that this would be such a deprivation of liberty, of the immunities guaranteed to every citizen, that he should be able to recover for the loss the same as an owner for loss of or injury to property. Article VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have com- pulsory process for obtaining witnesses in his favor, and to have the assist- ance of counsel for his defense. This is to prevent the long imprisonment of the poor who are not able to give a bond for their appearance at the trial of the crime they are accused of. It prevents taking one out of his own community and being tried in one where prejudice may exist against him, or greater difficulty occasioned in get- ting his witnesses. It prevents any secrecy that would disable him from ample opportunity to prepare his defense ; from any unfair surprises whereby injustice can be done him. No testi- mony of an absent witness can be taken against him. Every witness must face the accused on the trial. Without expense to him, the court must compel the attendance of all witnesses THE CONSTITUTION OF THE UNITED STATES 545 he desires, and if he is unable to employ a lawyer, the court will appoint one to make his defense. No country makes such liberal and generous provision as this to secure a fair trial for one accused of crime. Article VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of common law. This secures the sacred right of trial by jury in civil cases, as well as criminal, except where the amount involved is under the small value named. The verdict of a jury can be reviewed on appeal, but is so highly regarded that strict rules have been adopted whereby this can be done, even by the supreme court of the country. No verdict will be set aside, or modified, unless the calmness of experienced judicial authority finds palpable injustice has been done. Article VIII Excessive bail shaU not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. To prevent injustice being done the poor, and for the sake of humanity, the barbarities that history tells of in despotic governments are forbidden in this country. Article IX The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. Fearing that some inalienable right of the people might have been omitted in their enumeration, this comprehensive clause was added in favor of the people whose supreme source the constitution acknowledges for its powers. 546 THE CONSTITUTION AND ITS FEAMEES Article X The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. In the second article of the Articles of Confederation, the word "expressly" appeared before the word "delegated/' in the clause conferring powers on what was attempted to be made a national authority. This denied all implied powers, and was a constant source of weakness and embarrassment. This clause, so worded, removes all question as to the exercise of such powers by the national government. At the same time it leaves to the states, or to the people, every power not expressly delegated to the national government, and neces- sarily implied from those enumerated powers. Article XI. See page 531. Article XII. See pages 510-12. Article XIII — Section 1 Neither slavery nor involuntary servitude, except as a punishment for crime, vrhereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2 Congress shall have power to enforce this article by appropriate legislation. This was a "war measure," and it made this a free country in name and fact, and wiped out the greatest cause of conten- tion that had existed between the sections from the very foun- dation of the government. Article XIV— Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without THE CONSTITUTION OF THE UNITED STATES 547 due process of law, nor deny to any person ■within its jurisdiction the equal protection of the laws. Section 2 Eepresentatives shall be appointed among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice-president of the United States, representatives in congress, th^ executive or judicial oflScers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for partici- pation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. Section 3 No person shall be a senator or representative in congress, or elector of president or vice-president, or hold any office, civil or military, under the United States, or under any state, who having previously taken an oath as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disability. Section 4 The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim, for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. Section 5 Congress shall have power to enforce, by appropriate legislation, the provisions of this article. This amendment was passed for the protection of the emancipated slaves. It went beyond application merely to 548 THE CONSTITUTION AND ITS FEAMEES them, and made the same prohibition apply to the states as to abridging the privileges and immunities of citizens that there- tofore applied only to the national government. It declares who shall be citizens, but not who shall vote. That is left still to the states, except as to the prohibition in the next amend- ment. Each state can make a property, or educational, or any other qualification for the voter, so that it applies to all alike, regardless of race, color, or previous condition of servitude. A penalty is placed upon engaging in insurrection or rebellion against the government, after having taken an oath to support our constitution. This was done to punish those who had so offended in the seceding states, yet whom this gov- ernment did not feel justified in accusing of treason, or who might so offend hereafter, yet not be guilty of treason as defined in the constitution. Such disabilities were removed from every one who applied therefor, and many of our most loyal citizens are among this class of men. This forever wiped out the debts of the seceding states, and put beyond all ques- tion the debts incurred, or to be incurred by the national gov- ernment in its own maintenance, and in caring for those who had suffered to sustain it. One of the intentions of this amendment was to secure the- right of suffrage to the emancipated slaves in order to obtain the largest possible representation in our congress. It did not succeed. There is much in the second section that yet awaits inter- pretation by the supreme court. Article XV — Section 1 The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any state, on account of race, color, or previous condition of servitude. Section 2 The Congress shall have power to enforce this article by appropriate legislation. THE CONSTITUTION OF THE UNITED STATES 549 This amendment was the last of the **war measures," and was adopted to settle all question as to the right of the negro to vote, the same as any other citizen. It compels all restric- tions or qualifications as to voting to be made to apply the same to the white man as to the black man, or the man of any other color or race. This and the previous section makes the Chinese, or the sons of any other race who are born in this country citizens, and entitled to the same rights to vote, the same rights in all respects as those of Anglo-Saxon, or other descent. CHAPTER XVII THE PEESIDENT'S CABINET ^0 PART of Washington's wise and practical states- manship has received more signal historical indorse- ment than his creation of the president's cabinet, His action has proved equal to a constitutional provision. His successors have followed his example, until the cabinet has grown from three to nine members, and become such a distinguished and important part of our governmental machinery that, by act of congress, January 19, 1886, its members may succeed to the presidency itself. It has uni- formly been composed of well-known statesmen of the country. No chapter of American history makes a more glorious record than that which tells of the achievements and services of its members. Neither the constitution, nor any law of congress obligated the creation of the cabinet. The president was left at liberty to administer his great office without the advice of any such body. Washington's action displays that absence of egotism, thai aversion to arbitrary authority that has prompted so many of the world's greatest to crave and seize the entire control of the government they were called to administer. Many members of the convention feared a single and desired a plural executive; that is, a presidency composed of three or more men of co-equal authority. Others, educated by the experience and utility of the king's council from the time of Alfred the Great, down, and the governor's council in their respective colonies from their origin, favored a single executive with a president's council, clothed with authority to control his action. Washington, while the most self-reliant of men, respected these views, and with that unselfishness that characterized his 550 THE PEESIDENT'S CABINET 551 whole life, sought the counsel of the ablest, regardless of their political views, in the discharge of his great responsibilities, and called to his cabinet the three great statesmen — Thomas Jefferson, secretary of state ; Alexander Hamilton, secretary of the treasury; and Henry Knox, secretary of war. The cabinet now holds regular meetings, and while the president is held to sole responsibility for his administration, and can follow or disregard the advice of his cabinet as he sees fit, it is well known that its advice is potential in the conduct of the government. The department of foreign affairs was established July 27, 1789, and became the department of state September 15, 1789. The department of war and the navy was established August 7, 1789; the navy as a separate department, April 30, 1798. The treasury department was established September 2, 1789. The department of justice was established September 24, 1789, but its head, the attorney-general, did not become a member of the cabinet until 1814; had neither office nor clerks, nor was required to reside at the seat of government until that time. The postoffice department was a part of the treasury until' 1829, having been established as a part thereof September 22, 1789. On the former date its head became a cabinet officer. The interior department was established and its head became a cabinet officer March 3, 1849. The department of agriculture was established and its head became a cabinet officer February 9, 1889. The department of commerce and labor was established and its head became a cabinet officer January 17, 1903. The heads of these departments rank in the order given above, and their duties are as follows: The secretary of state conducts all of our foreign affairs; all correspondence with and instructions to our ambassadors, ministers, and other officials abroad. He initiates and, after ratification by the senate, keeps in his custody all treaties with 553 THE CONSTITUTION AND ITS FEAMEES other nations. He preserves and publishes all laws, resolutions, and other enactments of congress, and the proclamations of the president. He has charge of the great seal of the United States, and affixes it to all documents that require authentica- tion. He grants all passports to our citizens going abroad, and if one of them is wronged abroad he must seek redress through the secretary of state. He has many assistant secretaries, and his department is divided into seven distinct bureaus, each of which gives special attention to some particular field of our foreign affairs. He makes an annual report to congress of all done under his department, at home and abroad, furnishing to the manufac- turer and merchant the most valuable aid in the development and extension of our commerce. The secretary of the treasury controls and manages the financial affairs of the government; the collection of its reve- nues and payment of its debts; the coining of its money; the engraving of its bonds ; and, in short, everything relating to its income and the satisfaction of its obligations. He also has charge of the inspection of all steam vessels, whether plying on the ocean or the rivers of the country; of light-houses; of marine hospitals; of the life-saving service, and the planning and construction of all public buildings. His department is divided into many divisions, the heads of each of which have often become deservedly famous for their serviceable work. The treasurer of the United States receives and pays out all raoneys, whether deposited in the treasury at the capital, or in the designated depositories in the leading cities of the country. The register of the treasury is the bookkeeper of the govern- ment. The comptroller of the currency has charge of the vast national banking sy!?tem. The commissioner of internal reve- nue, the commissioner of customs, the commissioner of naviga- tion, the supervising architect, the superintendent of the bureau of engraving and printing, the superintendent of the life-saving service, the director of the mint, all belong to and come under the control of this department. The secretary of war has charge of the army and all the THE PEESIDENT'S CABINET 553 military affairs of the government. In addition, the construc- tion of bridges, breakwaters, docks, and harbors; the improve- ment of all rivers so as to make them navigable; the construc- tion of forts, land ordnance and arms come under the direction of this department. The chiefs of the many heads of the bureaus in this depart- ment are : the adjutant-general, who conducts all its corre- spondence and issues its orders; the quartermaster-general, who provides the clothing and like supplies for the army ; the commissary-general, who purchases its provisions; the surgeon- general, the head of the medical staff; the chief of engineers, who superintends the construction of docks, forts, harbors, and the improvement of rivers ; the judge-advocate-general, its law officer, whose duties are similar to those of the state's attorney, but confined to courts martial and army affairs ; and the chief signal officer. This department also has charge of the United States Military Academy at West Point. The secretary of the navy has charge of that arm of the government's power that has assumed such prominence and importance in recent years. His department is divided into eight bureaus: yards and docks, construction, engineering, equipment and recruiting, navigation, ordnance, provisions and clothing, and medicine and surgery. The Naval Academy at Annapolis and the Naval Observatory at Washington City come under his control. The secretary of the interior has control of the internal affairs of the government. All of its public lands that have passed from the nation's ownership have been disposed of under him to settlers, soldiers, for public schools, colleges, and railroads. The pension bureau, the patent office, the commis- sioner of Indian affairs, the commissioner of railroads, the superintendent of the census, the commissioner of the general land office, the bureaus of education and of the geological sur- vey, all come under his control. The postmaster-general has charge of the immense postal system of the country, postmasters and postal employes, and everything connected with this branch of the public service 554 THE CONSTITUTION AND ITS TEAMEKS that is the most familiar of all to every citizen of the country, as well as one of the most serviceable. The attorney-general is the head of the government's law department, appears for it in the supreme court, and directs the United States attorneys and marshals in the discharge of their duties. The secretary of agriculture looks after this the greatest of all the employments in which our people are engaged. Its bureaus investigate the animal, bird, and insect life that injure fruits, grain, and other products of the soil, how to exterminate them ; the diseases of cattle, how to prevent and eradicate them ; and the growth of all sorts of provision and clothing products, as well as flowers and ornamental shrubbery. They make tests of the soil so as to inform the farmer what it is best adapted to produce, and how to most favorably cultivate it. The weather bureau that has become such a valuable aid to our whole people, to the farmer, the merchant, and the mariner, is under the control of this department. The secretary of commerce and labor is the latest addition to the cabinet. His duties are to investigate and inform the people as to the conduct of our commerce at home and abroad, and how best to develop our commercial supremacy; also, to investigate the great questions pertaining to labor, that our country's laborers of every class may be the most efficient, best paid, and happiest of any land. Under the control of the cabinet officers come many other bureaus, commissioners, and officials whose duties subserve the interests of the whole people. The department of labor, to collect statistics and particulars as to wages, strikes, and the operations of all our mechanical employments. The civil service commission, to eradicate the spoils system that has been so hurtful to the public service, and to make honesty and com- petency the qualifications for public office. The librarian of congress, who issues all copyrights and has charge of the mag- nificent library of the nation at the capital. The fish commis- sion, to stock the streams and promote their replenishment with the most desirable species of fish. The printing office, which THE PEESIDENT'S CABINET 555 does all the engraving and printing of the government, and its publications. The interstate commerce commission, to regulate and enforce fairness in freight rates to every shipper, great or small. Thus, it will be seen, that the duties of the members of the president 's cabinet bring them into daily and intimate contact with every feature of the domestic, industrial, and commercial life of the country, and make that cabinet of indispensable value to him and the people in the administration of the affairs of our government. 1 CHAPTER XVIII CONCLUSION |HIS constitution establishes a system of govern- ment such as the world never before knew. It creates three separate and distinct depart- ments — the legislative, executive, and judicial — each independent of the other, yet so interblended as to form a symmetrical whole. The legislative department makes all of the laws ; the executive department sees to their execution ; the judicial department interprets them. The constitution creates a system of governments within a government, alike interblended into one harmonious whole, yet each separate from and independent, not only of each other, but of the national or supreme government. The president of the United States, with the concurrence of the senate, can appoint all of the executive and judicial officers of the national government, and in the event that congress should declare war, can compel every citizen, if need be, to go into the army. But he cannot appoint or command a single officer in a state nor exercise any control otherwise over its citizens. Congress can levy taxes to carry on any war it may declare, or pay for any public improvement it undertakes ; it can decide how much gold or silver shall be put into a dollar, and how many pounds of corn or wheat a bushel shall contain; it can say what shall be the weights and measures in every county and in every state, but it cannot enact any law relating to a county, a city, a township, or any other municipal division of a state, nor any law affecting any charter granted to a corporation by the state authorities. The national government can instantly order the soldiers of its regular army to protect the free movements of a mail wagon, 556 CONCLUSION 557 and its officers to arrest any citizen who stops or interferes with the mails, but it can do nothing in the case of a riot in a city, no matter of how great proportions, where the disturbance does not affect the operations of the national government, except when the governor or state legislature applies for national aid. The citizen traveling abroad carries a Federal passport, and is protected by the national government. He is known by foreign nations as a citizen of the United States. Such govern- ments have no official knowledge of the existence of our dif- ferent states. If the person or property of one of our citizens is molested abroad, the whole power of the national govern- ment, its army and navy, will be employed to have justice done him. But, if his person or property be affected at home, he must apply to the state government for redress for his griev- ance and for the establishment of liis rights. If a railroad is entirely within a state, the national govern- ment has nothing to do with the rate of charges for freight or passengers, but the moment that railroad extends beyond the state line, all it carries becomes interstate commerce, and the national government can compel it to give the same rates to every shipper and prevent it from any combination with other roads that would be hostile to the best interests of the people. Under the constitution there is this gradation in our gav- ernment : The national government decides upon and conducts war and makes peace; it regulates and attends to all our foreign relations ; it controls and disposes of all of our public lands ; it directs the operations of our army and navy ; it establishes and maintains lighthouses, custom houses, weather bureaus, post- offices, and post roads ; it determines what duties shall be paid upon all merchandise brought from another country into this, and it regulates our coinage, weights, and measures. The state government maintains the general peace and order of the people within the state. The enactment of all laws applying to the whole state, and under which all local, cor- porate, and municipal bodies act, and to which they are subject, and the qualifications that one shall possess to enjoy the rigut 558 THE CONSTITUTION AND ITS FEAMEES of suffrage, except as to race, color, or previous condition of servitude, are in the exclusive and independent authority of the state. All domestic relations, marriage and divorce, inherit- ance, hovs?" property shall descend and be distributed, and the legion of personal rights are solely under state control. There is the further subdivision which the state has exclu- sive power to make, of counties, townships, and districts for school and other purposes. In Europe in the same extent of territory as is covered by the United States, are many nationalities as different in speech, thought, social habit, and legislation as in name. To bind them into one consolidated government whose laws are uniform, would be impossible. They might be united into a federal system. But racial and local peculiarities, prejudices, and predilections would have to be recognized. Latitude and longitude will, in time, make the same dif- ferences here. Already there are distinct types. Physiognomy marks the people of distant places, of different sections. Idiom, provincialism, pronunciation, and accent, already differentiate and readily distinguish the several states. Even the most learned educators, leaving their native localities, and having lived for years in another, return to note and comment upon the provincialism of their native homes and the inability of ■their old neighbors to understand the new part of the country where these leaders in education have experienced a new development. The very stars in their courses lead and light us to diverse lives and sentiments. Nature moulds its peculiar characteristics. The grandeur of national power appeals to pride and cupidity alike. Its advantages in commercial conquest attract sordid as well as patriotic interests. Consolidation in capital and labor, in brain and brawn, offer ever-present inducements to individual gain. And the selfish hope, so delusive, of getting to the top, and of reaping the fruits of such an advantage, blinds to the truth that the common good is the best good of all and for all. The dead sameness of the benumbed giant, China, teaches CONCLUSION 559 the fateful lesson of too great uniformity; it exemplifies intel- lectual, social, and governmental consolidation carried to the point where paralysis prostrates the energies of the whole people, despite high intellectual or educational training. We must have a people that is homogeneous to a great extent, to preserve an enduring nationality. This the business and social admixture of our people under a national unity gives. We must have a people that is heterogeneous to a large extent, — a people of diverse occupations, different social habits, different mental characteristics, — to promote the rivalry that begets progressive development by comparison and contrast. This the preservation of the state autonomy, the state sov- ereignty, gives. The recognition of these great truths teaches the necessity of cherishing the distinct independence of the states in their reserved rights and powers, as well as of cherishing the national system in its delegated rights and powers. More than three score years of debate, ending in the arbi- trament of arms, has it taken to settle the inviolable integrity of the Union. The danger now is the other way. State and local sovereignty is as sacred, as important to the liberty and well-being of the people as national sovereignty. Sentiment is superior to law; there is not a state or a city — scarce a hamlet, or township — in all America but what nominates and elects its officials on national lines, regardless of local knowl- edge of men and local needs and issues/ v The result is that our local and municipal governments are far inferior to those of monarchies and are sources of universal complaint, of constant menace. There is need, and urgent need, of a return to the local pride and interest of the early day, and of a complete divorce between the choosings of national and local officials. The thrusting of the national party hand into local elec- tions is as hostile to the public good and public safety as would be thrusting the mailed hand of national power into the reserved rights of the states and the people. This political tendency is effecting in sentiment a practical consolidation of our composite government, against which the wise voices of 560 THE CONSTITUTION AND ITS FEAMEES our fathers, of the constitution they gave us, of our own vital interests, and of all history are raised in solemn and vigorous protest. Our government is one of cheeks and balances. Its whole spirit is to make haste slowly. The seniority of the senate, the manner of its selection, fits it to stand as a barrier against the impulsive action that is characteristic of popular assemblages. The solemn duty of the president to investigate and approve or disapprove of the work of the two houses, and the requirement of a two-thirds vote to override his veto, combine to stimulate calm, thoughtful reflection and to make our representative rulers legislate for permanent rather than for present results. Then comes that august, impartial tribunal, which must be composed of the highest, best educated intelligence of the country; that tribunal whose permanence guarantees the near- est approach to absolute impartiality that man can devise; then comes that embodiment of character and culture, the supreme court, to measure every law, national or state, by the inflexible standard of the constitution. The price of liberty is eternal vigilance. That vigilance, our constitution enforces by solemn oath upon every one who officiates at its altar. The individual exercise thereof is the free, yet bounden duty of every citizen. The supremacy of the law, its rigid obedience, and its righteous observance, is the safety of all, especially the common people. We are told that a fairy once gave a man the power to raise Satan from his dread abode, but Satan would not go back without dragging with him the luckless wretch who raised him. He who appeals to and raises lawlessness to accomplish his ends, raises the demon that will only down with the destruction of the rights, the very blood-bought liberties that bless a law- abiding people. The English constitution is unwritten. It is made up, as is the English common law, by custom, usage, and judicial deci- sions. The American constitution is written, yet much of it may be called unwritten, for much exists that is as great a part of it as what is written. CONCLUSION 561 Sir James Mackintosh says, "Constitutions grow, they are not made." The American constitution has grown by amend- ment, by usage, by judicial interpretation. The decisions of the supreme court construing it are as much a part of that con- stitution as its written provisions. And that court has borne its supreme responsibility with righteous conscientiousness. Back of all, supporting all, securing all, come the great people whose government this is. Upon their universal intelli- gence the whole structure rests. The supreme duty of inter- ested patriotism is to promote an understanding by that people of the principles and of the history of this beneficent govern- ment, the most beneficent of all governments. Promote this understanding by having the people study this government for themselves. As we are an independent people, let there be an independent, universal knowledge of our country's constitu- tion. Let it be the litany of childhood, an essential in the curriculum of every school, and the study of age. Not until the Civil War was there settled the controversy that had grown in bitterness over the question of our national sovereignty under the constitution, then for all time, was it established that the national authority was the supreme authority in the United States — that this was an indivisible Union, as well as a Union of indestructible states. The differences of opinion on this subject were not only earnest, but honest; they were the outgrowth of heredity, interest, culture, and environment ; the conviction forced by the peculiar situation, and the points of view of the divergent adherents. No political party, and no particular section can claim exclusive loyalty to the idea of national sovereignty. Jackson, the great Democratic leader, in 1832, asserted the supremacy of the national government, with no less vigor than did Lincoln, the great Republican leader, in 1861. The "heresy of secession" has not been confined to that section that backed its belief with its blood. When, in 1803, the "Louisiana Purchase" was effected by 562 THE CONSTITUTION AND ITS FEAMEES President Jefferson, it was advocated by many northern states. Judge Thomas M. Cooley says: "The Federal leaders did not stop at cavils ; they insisted that the "unconstitutional extension of territory was in effect a dissolution of the Union, so that they were at liberty to contemplate a plan for final disrup- tion." It was stoutly charged, and long believed, though the public measures advocated by the convention contradict the charge, that the celebrated "Hartford Convention," in 1814, attended by representatives from Massachusetts, Ehode Island, Con- necticut, and some from Vermont and New Hampshire, was for this express purpose, on account of the bitter opposition to the war of 1812 then raging with Great Britain. Before the unfortunate Civil War, the extreme wing of the "Abolition Party" denounced the constitution as a "covenant with death, and a league with hell." The pendulum of public sentiment in every section has, at times, swung too far in certain directions, and the rash impulses of the hour have made eminent and honest thinkers, who were liberty-loving patriots, rush into expressions and actions that they afterwards regretted and condemned. Sober, second thought, time and experience, have ever taught the greater value of obeying and cherishing the constitution, of recognizing its inestimable worth, of listening with patience to even the prejudices of the different sections, of letting reason rule, of looking at both sides of a question with tolerant spirit, and of upholding the right to freedom of thought and opinion. No common thought ever dominated any section without some basis of right and reason. Those in that section neces- sarily understand the situation better than those outside of it. They can learn from the criticism of others, that what they look upon as benefits are evils, and the others can learn that what they advocate from their own standpoint as beneficial may in reality be erroneous and hurtful to the common weal. Applying epithets to opponents is far from offering evi- CONCLUSION 563 denee that the opponents are the just objects of opprobrium. Invective is not argument. Denunciation most often demon- strates naught but heated feeling. Such things generally recoil upon those uttering them, and convince the undecided that lack of argument has driven the speakers to the rancor of passion rather than to the language of reason. The cold steel of truthful logic will cleave its way to conviction, when the white-heated blade of ill-temper will only flatten and the blow will only send out a shower of sparks and smoke to fall in grimy ashes, burning or soiling all they touch. All this inflammatory rhetoric, all these harsh charges against those of distant and different parts of the country, whose judgments and opinions run counter to those of some one locality, had better have been birthless. Such vocabulary should never be known in advocacy of or opposition to what other equal citizens deem best for the common good, it belongs not to this enlightened age of refinement, it should never appear outside the circles where brute force brandishes its bludgeon. In the Louisiana Purchase, the greatest of the leaders of the Federalists of that time, Alexander Hamilton, gave his strong arm to the support of his life-long political foe, Thomas Jefferson, and thereby rose to the pinnacle of his illustrious career as a patriot and statesman. Not one to-day would deny that the clause, ''Provide for the common defense, promote the general welfare" of the country, gave ample power to congress to consummate the purchase of the territory that made our Union bound both sides of the Mississippi, and united in political destiny the land that One greater than man had set aside for a perpetual unity. Right and wrong have marked every mortal movement, every great organization, every government of mankind, and will unto the end of time. The steady, upward step of civiliza- tion has had, and will have, many a backward slip, many a wrong direction. The great governmental lessons of our whole history are, unity in diversity; learn from one another; cling 564 THE CONSTITUTION AND ITS FEAMERS to the dual kinship of everlasting national sovereignty and of everlasting state sovereignty, as marked, bounded, and defined in the constitution. This complex government is a composite government, the theory of which has passed experiment and become a tested and accomplished fact. The question of the hour, present and to come, as Franklin put it, is. How to administer that estab- lished system. A more opportune event could not have come to put the cap-stone on this accomplished fact than the late war with Spain. We saw the illustrious son of Illinois, the present speaker of our house of representatives, whose watchful guardianship of the nation's treasury had lifted him above being merely one ::tate's representative, offer a resolution, voicing America's proclamation to the world that monarchical oppression must cease on the shores of the "Western Hemisphere. In support of the nation's policy of humanity, Ave saw parties fade and parti- sans blend in one patriotic body, endorsing that resolution. We saw that body place fifty millions of money into the hands of the embodiment of the country's conscience in the presidential chair, and we heard the unbroken voice of the country applaud the action. We saw on Cuban shores a stalwart form, as formerly, clad in Confederate gray. In Havana's harbor, floated in friendly visit, an American man-of-war. Suddenly, from beneath that ship burst the roar of an exploding mine. Through the rising smoke and flame, that enveloped our shattered ship, we saw the Confederate gray fade into, the Union blue, and with one hand holding aloft his country's flag, with the other, Ave saw Vir- ginia's son of historic name, wipe out the last vestige of Mason and Dixon's line. The roar of that mine had not ceased to ring in the ears of a startled nation when it was reechoed from Manila Bay, where, side by side with Vermont's Dewey, Georgia's Bagby stood with the SAVord of the "New South" cleaving a new record of common honor for a common country. The loyal allegiance of the South, the same as that of the CONCLUSION 565 North, was written in the mingling blood of her heroic sons on every field and sea where united valor told of the reincarnation of the old-new nation, and the perpetual cementing of a paci- fied people. That promise and prophecy, "We, the people of the United States, in order to form a more perfect Union, do ordain and establish this constitution for ourselves and our posterity," had become a realization, and the great debate as to the perpetuity of this almost perfected nationality had ended. APPENDIX DECLAEATION OF INDEPENDENCE In Congress, July 4, 1776 A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OP AMERICA, IN CONGRESS ASSEMBLED When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with an- other, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should de- clare the causes which impel them to the separation. We hold these truths to be self-evident: — That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governm_ents are instituted among men, deriv- ing their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happi- ness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer while evils are sufferabie, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such gov- ernment, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated in- juries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good, 566 APPENDIX 567 He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them. ~ He has refused to pass other laws for the accommodation of large dis- tricts of people, unless those people would relinquish the right of representa- tion in the legislature — a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfort- able, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose obstructing the laws for the naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the condi- tions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent thither swarms of officers to harass our people and eat out their substance. He has kept among us in times of peace, standing armies, without the consent of our legislatures; He has affected to render the military independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving Ms assent to their acts of pretended legislation: For quartering large bodies of armed troops among us; For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States; For cutting off our trade with all parts of the world; For imposing taxes on us without our consent; For depriving us, in many cases, of the benefits of trial by jury; For transporting us beyond seas, to be tried for pretended offences; For abolishing the free system of English laws in a neighboring prov- ince, establishing therein an arbitrary government, and enlarging its boun- 568 THE CONSTITUTION AND ITS FEAMEKS daries, so as to render it at once an example and fit instrument for introduc- ing the same absolute rule into these colonies; For taking away our charters, abolishing our most valuable laws, and altering fundamentally, the forms of our governments; For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protec- tion, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most bar- barous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by re- peated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity; and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would in- evitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. We, therefore, the Eepresentatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the au- thority of the good people of these colonies, solemnly publish and declare, That these United Colonies are, and of right ought to be, free and inde- pendent states; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, con- APPENDIX 569 tract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And, for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. The foregoing Declaration was, by order of Congress, engrossed, and signed by the following members: Josiah Bartlett, William Whipple, Samuel Adams, John Adams, John Hancock New Hampshire Matthew Thornton. Massachusetts Bay Eobert Treat Paine, Elbridge Gerry. Stephen Hopkins, Bhode Island William Ellery. Eoger Sherman, Samuel Huntingdon, Connecticut William Williams, Oliver Wolcott. William Floyd, Philip Livingston, New YorTc Francis Lewis, Lewis Morris. New Jersey Eichard Stockton, John Witherspoon, Francis Hopkinson, Eobert Morris, Benjamin Eush, Benjamin Franklin, John Morton, George Clymer, John Hart, Abraham Clark. Pennsylvania James Smith, George Taylor, James Wilson, George Eoss. 570 THE CONSTITUTION AND ITS FRAMERS Caesar Eodney, George Eead, Samuel Chase, William Paea, George Wythe, Eichard Henry Lee, Thomas Jefferson, Benjamin Harrison, William Hooper, Joseph Hewes, Edward Eutledge, Thomas He;fward, Jr., Button Gwinnett, Lyman Hall, Delaware Thomas McKean. Maryland Thomas Stone, Charles Carroll, of CarroUton. Virginia Thomas Nelson, Jr., Francis Lightf oot Lee, Carter Braxton. North Carolina John Penn. South Carolina Thomas Lynch, Jr., Arthur Middleton. Georgia George Walton. AETICLES OF CONFEDEEATION AND PEEPETUAL UNION BETWEEN THE STATES. To all to whom these presents shall come, we, the undersigned delegates of the States affixed to our names, send greeting : Whereas, the delegates of the United States of America, in congress assembled, did, on the fifteenth day of November, in the year of our Lord one thousand seven hundred and seventy-seven, and in the second year of the Independence of America, agree to certain Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts Bay, Ehode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in the words following, viz.: Articles of Confederation 'and perpetual Union between the States of New Hampshire, Massachusetts Bay, Ehode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Dela- ware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. APPENDIX 571 Article I. The style of this confederacy shall be, "The United States of America. ' ' Art. II. Each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, vphich is not by this confederation expressly delegated to the United States in congress assembled. Akt. III. The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, er any other pretence whatever. Art. IV. Section 1. The better to secure and perpetuate mutual friend- ship and intercourse among the people of the different States in this Union, the free inhabitants of each of these states, paupers, vagabonds, and fugi- tives from justice excepted, shall be entitled to all privileges and immuni- ties of free citizens in the several states; and the people of each state shall have free ingress and egress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state to any other state, of which the owner is an inhabitant; provided, also, that no imposition, duties, or restriction, shall be laid by any state on the property of the United States, or either of them. Sec. 2. If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any state, shall flee from justice, and be found in any of the United States, he shall, upon the demand of the governor or executive power of the state from which he fled, be delivered up, and removed to the state having jurisdiction of his offence. Sec. 3. Full faith and credit shall be given, in each of these states, to the records, acts, and judicial proceedings of the courts and magistrates of every other state. Art. V. See. 1. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such a manner as the legislature of each state shall direct, to meet in congress on the first Monday in November, in every year, with a power reserved to each state to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. Sec. 2. No state shall be represented in congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years, in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the 572 THE CONSTITUTION AND ITS FEAMEKS United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. See. 3. Each state shall maintain its own delegates in any meeting of the states, and while they act as members of the committee of these states. Sec. 4. In determining questions in the United States in Congress assembled, each state shall have one vote. Sec. 5. Freedom of speech and debate in congress shall not be impeached or questioned in any court or place out of congress, and the members of congress shall be protected in their persons, from arrests and imprisonments during the time of their going to and from, and attendance on, congress, except for treason, felony, or breach of the peace. Art. VI. Sec. 1. No state, without the consent of the United States, in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty, with any king, prince, or state; nor shall any person holding any office of profit or trust under the United States, or any of them,, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state; nor shall the United States, in congress assembled, or any of them, grant any title of nobility. Sec. 2. No two or more States shall enter into any treaty, confedera- tion, or alliance whatever, between them, without the consent of the United States, in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. Sec. 3. No state shall lay any imposts or duties which may interfere with any stipulations in treaties, entered into by the United States, in congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by congress to the courts of France and Spain. Sec. 4. No vessels of war shall be kept up in time of peace, by any state, except such number only as shall be deemed necessary by the United States in congress assembled, for the defence of such state or its trade; nor shall any body of forces be kept up by any state in time of peace, except such number only as, in the judgment of the United States in con- gress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. Sec. 5. No state shall engage in any war without the consent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the United States in congress assembled can be consulted; nor shall any state grant commissions to any APPENDIX 573 ships nor vessels of war, or letters of marque or reprisal, except it be after a declaration of war by the United States in congress assembled, and then only against a kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States, in congress assembled, unless such state be infested by pirates, in which ease vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in congress assembled, shall determine otherwise. Art. VII. When land forces are raised by any state for the common defence, all oflScers of, or under the rank of colonel, shall be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment. Art. VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States, in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to, or surveyed for, any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States, in congress assembled, shall, from time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direc- tion of the legislatures of the several states, within the time agreed upon by the United States, in congress assembled. Art. IX. Sec. 1. The United States, in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article, of sending and receiving ambassadors; entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from pro- hibiting the exportation or importation of any species of goods or com- modities whatsoever; of establishing rules for deciding, in all cases, what captures on land and water shall be legal and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated; of granting letters of marque and reprisal, in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures; provided, that no member of congress shall be appointed a judge of any of the said courts. Sec. 2. The United States in congress assembled shall also be the last resort on appeal in aU disputes and ditferences now subsisting, or that hereafter may arise between two or more states concerning boundary, jurisdiction, or any other cause whatever; which authority shall alwnys be 574 THE CONSTITUTION AND ITS PEAMEES exercised in the manner following: whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties, by their lawful agents, who shall then be directed to appoint by joint consent commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as congress shall direct, shall, in the presence of congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination; and if either party shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive; the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress, for the security of the parties concerned; provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward." Provided, also, that no state shall be deprived of territory for the benefit of the United States. Sec. 3. All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdiction, as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states. APPENDIX 575 Sec. 4. The United States, in congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians, not mem- bers of any of the states; provided that the legislative right of any state, within its own limits, be not infringed or violated; establishing and regu- lating postoffices from one state to another, throughout all the United States, and exacting such postage on the papers passing through the same, as may be requisite to defray the expenses of the said oflSce; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations. Sec. 5. The United States, in congress assembled, shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated, "A Committee of the States," and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States, under their direction; to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land forces, and to make requisitions from each state for its quota, in propor- tion to the number of white inhabitants in each state; which requisition shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled; but if the United States in congress assembled shall, on con- sideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared, and the 576 THE CONSTITUTION AND ITS FEAMEKS officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled. Sec. 6. The United States, in congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or pur- chased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine states assent to the same, nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in congress assembled. Sec. 7. The congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military opera- tions, as in their judgment require secrecy; and the yeas and nays of the delegates of each state, on any question, shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states. Art. X. The committee of the states, or any nine of them shall be authorized to execute, in the recess of congress, such of the powers of congress as the United States, in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine states, in the congress of the United States assembled, is requisite. Art. XL Canada, acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. Art. XII. All bills of credit emitted, moneys borrowed, and debts contracted, by or under the authority of congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. Art. XIII. Every state shall abide by the determinations of the APPENDIX 577 United States in congress assembled, on all questions which, by this con- federation, are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed by the legislatures of every state. And Vvhereas it hath pleased the Great Governor of the world to incline the hearts of the legislatures we respectfully represent in congress to approve of and to authorize us to ratify the said articles of confederation and perpetual union; Know ye, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained; and we do further solemnly plight and engage the faith of our respective constituents that they shall abide by the determina- tions of the United States in congress assembled, on all questions which, by the said confederation, are submitted to them ; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the union shall be perpetual. In witness whereof we have hereunto set our hands, in congress. Done at Philadelphia, in the State of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy- eight, and in the third year of the Independence of America. On the part and behalf of the State of Neiv Hampshire Josiah Bartlett, John Wentworth, Jr., Aug. 8, 1778. On the part and hehalf of the State of Massachusetts Bay John Hancock, Francis Dana, Samuel Adams, James Lovell, Elbridge Gerry, Samuel Holten. On the part and in behalf of the State of Rhode Island and Providence Plantations William Ellery, John Collins. Henry Marchant, On the part and behalf of the State of Connecticut Eoger Sherman, Titus Hosmer, Samuel Huntingdon, Andrew Adams. Oliver Wolcott, 578 THE CONSTITUTION AND ITS FRAMEES On the "part and behalf of the State of New YorTc . Jas. Duane, Wm. Duer, Francis Lewis, Gouv. Morris. On the part and in "behalf of the State of New Jersey Jno. Witlierspoon, Nath. Scudder, Nov. 26, 1778. On the part and behalf of the State of Pennsylvania Eobt. Morris, "William Clingan, Daniel Roberdeau, Joseph Eeed, 22d July, 1778. Jonathan Bayard Smith, On the part and behalf of the State of Delaware Thomas McKean, Feb. 13, 1779, Nicholas Van Dyke. John Dickinson, May 5, 1779, On the part and behalf of the State of Maryland John Hanson, March 1, 1781, Daniel Carroll, March 1, 1781. On the part and behalf of the State of Virginia Eichard Henry Lee, Jno. Harvie, John Banister, Francis Lightfoot Lee. Thomas Adams, On the part and behalf of the State of North Carolina John Penn, July 21, 1778, Jno. Williams. Constable Harnett, On the part and behalf of the State of South Carolina Henry Laurens, Eichard Hutson, William Henry Drayton, Thos. Heyw^^d, Jr. Cl/U Jno. Mathews, On the part and behalf of the State of Georgia Jno. Walton, 24th July, 1778, Edwd. Langworthy. Edwd. Telfair, PRESIDENTS OF THE UNITED STATES 2. JOHN ADAMS 5. JAMES MONROE 1. GEORGE WASHINGTON 3. THOMAS JEFFERSON 4. JAMES MADISON 6. JOHN QUINCY ADAMS 7. ANDREW JACKSON PRESIDENTS OF THE UNITED STATES 8. MARTIN VAN BUREN 9. WILLIAM HENRV HARRISON 10. JOHN TYLER 11. JAMES K. FOLK. 12. ZACHARY TAYLOR 13. MILLARD FILLMORE U. FRANKLIN PIERCE 15. JAMES BUCHANAN 17. ANDREW JOHNSON PRESIDENTS OF THE UNITED STATES 16. ABRAHAM LINCOLN PRESIDENTS OF THE UNITED STATES 18. ULYSSES S. GRANT 19. RUTHERFORD B. HAYES 20. JAMES A.GARFIELD 21. CHESTER A.ARTHUR 22-24. GROVER CLEVELAND 23. BENJAMIN HARRISON 2.5. WILLIAM McKINLEY 2B. THEODORE ROOSEVELT 27. WILLIAM H. TAFT APPENDIX 579 WASHINGTON'S LETTEE TO THE GOVERNORS OF THE THIR- TEEN STATES ON RESIGNING AS COMMANDER-IN- CHIEF— THE ARGUMENT FOR AND BASIS OF THE CONSTITUTION "Washington having decided to resign his commission as commander-in- chief of the American army, on June 8, 1783, wrote the following letter to each of the governors of the states, of which but little has been said, yet wherein the future Constitution and inseparable Union under it is largely outlined: "Sir, The great object for which I had the honor to hold an appoint- ment in the service of my country being accomplished, I am now preparing to resign it into the hands of congress, and to return to that domestic retirement which, it is well known, I left with the greatest reluctance; a retirement for which I have never ceased to sigh through a long and painful absence, and which (remote from the noise and trouble of the world) I meditate to pass the remainder of life in a state of undisturbed repose. But before I carry this resolution into effect, I think it is a duty incumbent upon me to make this my last official communication; to congratulate you on the glorious events which Heaven has been pleased to produce in our favor; to offer my sentiments respecting some important subjects which appear to me to be intimately connected with the tranquillity of the United States; to take my final leave of your excellency as a public character; and to give my final blessing to that country in whose service I have spent the prime of my life, for whose sake I have consumed so many anxious day« and watchful nights, and whose happiness, being extremely dear to me, will always constitute no inconsiderable part of my own. "Impressed with the liveliest sensibility on this pleasing occasion, I will claim the indulgence of dilating the more copiously on the subjects of our mutual felicitation. When we consider the magnitude of the prize we contended for, the doubtful nature of the contest, and the favorable manner in which it has terminated, we shall find the greatest possible reason for gratitude and rejoicing. This is a theme that will afford infinite delight to every benevolent and liberal mind, whether the event in contemplation be considered as the source of present enjoyment, or the parent of future happiness; and we shaU have equal occasion to felicitate ourselves on the lot which Providence has assigned us, whether we view it in a natural, a political, or a moral point of light. ' ' The citizens of America, placed in the most enviable condition, as the sole lords and proprietors of a vast tract of continent, comprehending all the various soils and climates of the world, and abounding with all the necessaries and conveniences of life, are now, by the late satisfactory pacification, acknowledged to be possessed of absolute freedom and inde- pendency. They are from this period to be considered as the actors on a 580 THE CONSTITUTION AND ITS FEAMERS most conspicuous theater, which seems to be peculiarly designated by Provi- dence for the display of human greatness and felicity. Here they are not only surrounded with everything which can contribute to the completion of private and domestic enjoyment, but Heaven has crowned all its other blessings by giving a fairer opportunity for political happiness than any other nation has ever been favored with. Nothing can illustrate these observations more forcibly than a recollection of the happy conjuncture of times and circumstances under which our republic assumed its rank among the nations. The foundation of our empire was not laid in the gloomy age of ignorance and superstition, but at an epoch when the rights of mankind were better understood, and more clearly defined, than at any former period. The researches of the human mind after social happiness have been carried to a great extent; the treasures of knowledge acquired by the labors of philosophers, sages and legislators, through a long succession of years, are laid open for our use; and their collected wisdom may be happily employed in the establishment of our forms of government. The free cultivation of letters; the unbounded extension of commerce; the progressive refinement of manners; the growing liberality of sentiment; and above all the pure and benign light of revelation, have had a meliorating influence on man- kind, and increased the blessings of society. At this auspicious period, the United States came into existence as a nation; and if their citizens should not be completely free and happy, the fault will be entirely their own. "Such is our situation, and such are our prospects. But notwithstand- ing the cup of blessing is thus reached out to us ; notwithstanding happiness is ours, if we have a disposition to seize the occasion, and make it our own; yet, it appears to me, there is an option still left to the United States of America; that it is in their choice, and depends upon their conduct, whether they will be respectable and prosperous, or contemptible and miserable as a nation. This is the time of their political probation; this is the moment when the eyes of the whole world are turned upon them; this is the moment to establish or ruin their national character forever; this is the favorable moment to give such a tone to our federal government as will enable it to answer the ends of its institution, or this may be the ill-fated moment for relaxing the powers of the union, annihilating the cement of the confedera- tion, and exposing us to become the sport of European politics, which may play one state against another, to prevent their growing importance, and to serve their own interested purposes. For according to the system of policy the states shall adopt at this moment, they will stand or fall; and by their confirmation or lapse, it is yet to be decided whether the revolu- tion must ultimately be considered a blessing or a curse; a blessing or a curse not to the present age alone, for with our fate will the destiny of unborn millions be involved. "With this conviction of the importance of the present crisis, silence in me would be a crime. I wiU therefore speak to your excellency the Ian- APPENDIX 581 guage of freedom and of sincerity, without disguise. I am aware, however, that those who differ from me in political sentiment may perhaps remark that I am stepping out of the proper line of my duty, and may possibly ascribe to arrogance or ostentation what I know is alone the result of the purest intentions. But the rectitude of my own heart, which disdains such unworthy motives; the part I have hitherto acted in life; the determination I have formed of not taking any share in public business hereafter; the ardent desire I feel, and shall continue to manifest, of quietly enjoying, in private life, after all the toils of war, the benefits of a wise and liberal government, will, I flatter myself, sooner or later convince my countrymen that I could have no sinister views in delivering with so little reserve the opinions contained in this address. ' ' There are four things which I humbly conceive are essential to the well-being, I may even venture to say to the existence, of the United States as an independent power. "1st. An indissoluble union of the states under one Federal head. "2nd. A sacred regard to public justice. "3rd. The adoption of a proper peace establishment, and "4th. The prevalence of that pacific and friendly disposition among the people of the United States which will induce them to forget their local prejudices and politics, to make those mutual concessions which are requisite to the general prosperity, and, in some instances, to sacrific their individual advantages to the interest of the community. ' ' These are the pillars on which the glorious fabric of our independency and national character must be supported. Liberty is the basis, and whoever would dare to sap the foundation, or overturn the structure, under whatever specious pretext he may attempt it, will merit the bitterest execra- tion, and the severest punishment, which can be inflicted by his injured country. ' ' On the three first articles, I will make a few observations, leaving the last to the good sense and serious consideration of those immediately concerned. "Under the first head, although it may not be necessary or proper for me, in this place, to enter into a particular disquisition of the principles of the Union, and to take up the great question which has frequently been agitated, whether it be expedient and requisite for the states to delegate a larger proportion of power to congress or not; yet it will be a part of my duty, and that of every true patriot, to assert without reserve, and to insist upon the following positions: that unless the states will suffer congress to exercise those prerogatives they are undoubtedly invested with by the constitution, everything must very rapidly tend to anarchy and confusion ; that it is indispensable to the happiness of the individual states, that there should be lodged somewhere a supreme power to regulate and govern the general concerns of the confederated republic, without which 582 THE CONSTITUTION AND ITS FRAMEES the Union cannot be of long duration; that there must be a faithful and pointed compliance, on the part of every state, with the late proposals and demands of congress, or the most fatal consequences will ensue ; that what- ever measures have a tendency to dissolve the Union or contribute to violate or lessen the sovereign authority, ought to be considered as hostile to the liberty and independence of America, and the authors of them treated accordingly; and lastly, that unless we can be enabled, by the concurrence of the states, to participate of the fruits of the Eevolution, and enjoy the essential benefits of civil society, under a form of government so free and uncorrupted, so happily guarded against the danger of oppression as has been devised and adopted by the Articles of Confederation, it will be a subject of regret, that so much blood and treasure have been lavished for no purpose ; that so many sufferings have been encountered without a com- pensation; and that so many sacrifices have been made in vain. Many other considerations might here be adduced to prove, that without an entire conformity to the spirit of the Union, we cannot exist as an independent power. It will be sufficient for my purpose to mention one or two, which seem to me of the greatest importance. It is only in our united character that we are known as an empire, that our independence is acknowledged, that our power can be regarded, or our credit supported among foreign nations. The treaties of the European powers with the United States of America, will have no validity on a dissolution of the Union. We shall be left nearly in a state of nature, or we may find, by our own unhappy experience, that there is a natural and necessary progression from the extreme of anarchy to the extreme of tyranny; and that arbitrary power is most easily established on the ruins of liberty abused to licentiousness. "As to the second article, which respects the performance of public justice, congress have in their late address to the United States, almost exhausted the subject. They have explained their ideas so fully, and have enforced the obligations the states are under, to render complete justice to all the public creditors, with so much dignity and energy, that in my opinion, no real friend to the honor and independency of America, can hesitate a single moment respecting the propriety of complying with the just and honorable measures proposed. If their arguments do not produce conviction, I know of nothing that will have greater influence; especially when we recollect that the system referred to, being the result of the collected wisdom of the continent, must be esteemed, if not perfect, cer- tainly the least objectionable of any that could be devised; and that if it should not be carried into immediate execution, a national bankruptcy, with all its deplorable consequences, will take place before any different plan can possibly be proposed and adopted. So pressing are the present circumstances, and such is the alternative now offered to the states. "The ability of the country to discharge the debts which have been incurred in its defence is not to be doubted; an inclination I flatter myself APPENDIX 583 will not be wanting. The path of our duty is plain before us — honesty will be found, on every experiment, to be the best and only true policy. Let us then, as a nation, be just; let us fulfil the public contracts which congress had undoubtedly a right to make, for the purpose of carrying on the war, with the same good faith we suppose ourselves bound to perform our private engagements. In the meantime, let an attention to the cheerful performance of their proper "business as individuals, and as members of society, be earnestly inculcated on the citizens of America. Then will they strengthen the hands of government, and be happy under its protection. Every one will reap the fruit of his labours; every one will enjoy his own acquisitions, without molestation, and without danger. ' ' In this state of absolute freedom and perfect security, who will grudge to yield a very little of his property to support the common interest of society, and insure the protection of government? Who does not remember the frequent declarations, at the commencement of the war, that we should be completely satisfied, if at the expense of one half, we could defend the remainder of our possessions? Where is the man to be found who wishes to remain indebted for the defence of his own person and property, to the exertions, the bravery, and the blood of others, without making one generous effort to repay the debt of honor and of gratitude? In what part of the continent shall we find any man or body of men, who would not blush to stand up and propose measures purposely calculated to rob the soldier of his stipend and the public creditor of his due? And were it possible that such a flagrant instance of injustice could ever happen, would it not excite the general indignation, and tend to bring down upon the authors of such measures, the aggravated vengeance of heaven? If, after all, a spirit of disunion, or a temper of obstinacy and perverseness, should manifest itself in any of the states; if such an ungracious disposition should attempt to frustrate all the happy effects that might be expected to flow from the Union; if there should be a refusal to comply with the requisition for funds to discharge the annual interest of the public debts; and if that refusal should revive again all those jealousies, and produce all those evils, which are now happily removed ; congress, who have in all their transactions, shown a great degree of magnanimity and justice, will stand justified in the sight of God and man; and the state alone which puts itself in oppo- sition to the aggregate wisdom of the continent, and follows such mistaken and pernicious counsels, will be responsible for all the consequences. "For my own part, conscious of having acted. while a servant of the public, in the manner I conceived best suited to promote the real interests of my country; having, in consequence of my fixed belief, in some measure pledged myself to the army, that their country would finally do them com- plete and ample justice; and not wishing to conceal any instance of my oflQcial conduct from the eyes of the world; I have thought proper to transmit to your excellency the enclosed collection of papers, relative to 584 THE CONSTITUTION AND ITS FEAMERS the half pay and commutation granted by congress to the officers of the army. From these communications, my decided sentiments will be clearly comprehended, together with the conclusive reasons which induiced me, at an early period, to recommend the adoption of the measure, in the most earnest and serious" manner. As the proceedings of congress, the army, and myself, are open to all, and contain, in my opinion, sufficient information to remove the prejudices, and errors, which may have been entertained by any, I think it unnecessary to say anything more than just to observe, that the resolutions of congress now alluded to, are undoubtedly as absolutely binding upon the United States, as the most solemn acts of confederation or legislation. As to the idea which I am informed, has in some instances prevailed, that the half pay and commutation are to be regarded merely in the odious light of a pension, it ought to be exploded forever. That provision should be viewed as it really was, a reasonable compensation offered by congress, at a time when they had nothing else to give to the officers of the army, for services then to be performed. It was the only means to prevent a total dereliction of the service. — It was a part of their hire. — I may be allowed to say it was the price of their blood, and of your independence. It is therefore more than a common debt; it is a debt of honour. It can never be considered as a pension, or gratuity; nor be cancelled until it is fairly discharged. "With regard to a distinction between officers and soldiers, it is suffi- cient that the uniform experience of every nation of the world, combined with your own, proves the utility and propriety of the discrimination. Eewards in proportion to the aids the public derives from them, are unques- tionably due to all its servants. In some lines, the soldiers have perhaps generally had as ample compensation for their services, by the large boun- ties which have been paid to them, as their officers will receive in the pro- posed commutation; in others, if besides the donation of lands, the pay- ment of arrearages, of clothing and wages, (in which articles all the com- ponent parts of the army must be put upon the same footing,) we take into the estimate the bounties many of the soldiers have received, and the gratuity of one year's full pay which is promised to all, possibly their situation (every circumstance duly considered) will not be deemed less eligible than that of the officers. Should a further reward, however, be judged equitable, I will venture to assert, no one will enjoy greater satis- faction than myself, on seeing an exemption from taxes for a limited time, (which has been petitioned for in some instances), or any other adequate immunity or compensation, granted to the brave defenders of their country's cause. But neither the adoption nor rejection of this proposition will in any manner affect, much less militate against, the act of congress, by which they have offered five years ' full pay, in lieu of the half pay for life, which had been promised to the officers of the army. "Before I conclude the subject of public justice, I cannot omit to APPENDIX 585 mention the obligations this country is under to that meritorious class of veteran non-commissioned officers and privates who have been discharged for inability, in consequence of the resolution of congress of the 23d April, 1782, on an annual pension for life. Their peculiar sufferings, their singu- lar merits, and claims to that provision, need only be known, to interest all the feelings of humanity in their behalf. Nothing but a punctual payment of their annual allowance can rescue them from the most com- plicated misery, and nothing could be a more melancholy and distressing sight, than to behold those who have shed their blood or lost their limbs in the service of their country, without a shelter, without a friend, and without the means of obtaining any of the necessaries or comforts of life; compelled to beg their daily bread from door to door. Suffer me to recom- mend those of this description, belonging to your state, to the warmest patronage of your excellency and your legislature. "It is necessary to say but a few words on the third topic which was proposed, and which regards particularly the defence of the republic, as there can be little doubt but congress will recommend a proper peace estab- lishment for the United States, in which a due attention will be paid to the importance of placing the militia of the Union upon a regular and respectable footing. If this should be the case, I would beg leave to urge the great advantage of it in the strongest terras. The militia of this country must be considered as the palladium of our security, and the first effectual resort in case of hostility. It is essential, therefore, that the same system should pervade the whole; that the formation and discipline of the militia of the continent should be absolutely uniform, and that the same species of arms, accoutrements, and military apparatus should be introduced in every part of the United States. No one who has not learned it from experience, can conceive the difficulty, expense, and confusion which result from a contrary system, or the vague arrangements which have hitherto prevailed. "If in treating of political points, a greater latitude than usual has been taken in the course of this address, the importance of the crisis, and magnitude of the objects in discussion must be my apology. It is, however, neither my wish or expectation, that the preceding observations should claim any regard, except so far as they shall appear to be dictated by a good intention, consonant to the immediate rules of justice, calculated to produce a liberal system of policy, and founded on whatever experience may have been acquired by a long and close attention to public business. Here I might speak with the more confidence, from my actual observations; and if it would not swell this letter (already too prolix) beyond the bounds I had prescribed myself, I could demonstrate to every mind open to con- viction, that in less time, and with much less expense than has been incurred, the war might have been brought to the same happy conclusion, if the resources of the continent could have been properly drawn forth; that the 586 THE CONSTITUTION AND ITS FRAMEES distresses and disappointments which have very often occurred, have, in too many instances, resulted more from a want of energy in the continental government, than a deficiency of means in the particular states; that the inefificacy of measures, arising from the want of an adequate authority in the supreme power, from a partial compliance with the requisitions of congress in some of the states, and from a failure of punctuality in others, while it tended to damp the zeal of those which were more willing to exert themselves, served also to accumulate the expenses of the war, and to frustrate the best concerted plans; and that the discouragement occasioned by the complicated difficulties and embarrassments in which our affairs were by this means involved, would have long ago produced the dissolution of any army less patient, less virtuous, and less persevering, than that which I have had the honour to command. But while I mention these things which are notorious facts, as the defects of our Federal constitution, particularly in the prosecution of a war, I beg it may be understood, that as I have ever taken a pleasure in gratefully acknowledging the assistance and support I have derived from every class of citizens, so shall I always be happy to do justice to the unparalleled exertions of the individual states, on many interesting occasions. "I have thus freely disclosed what I wished to make known before I surrendered up my public trust to those who committed it to me. The task is now accomplished. I now bid adieu to your excellency as the chief magistrate of your state; at the same time I bid a last farewell to the cares of office and all the employments of public life. "It remains then to be my final and only request, that your excellency will communicate these sentiments to your legislature at their next meeting; and that they may be considered as the legacy of one who has ardently wished, on all occasions, to be useful to his country; and who, even in the shade of retirement, will not fail to implore the divine benediction upon it. "I now make it my earnest prayer that God would have you, and the state over which you preside, in his holy protection, and that He would incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government; to entertain a brotherly affection and love for one another, for their fellow citizens of the United States at large, and particularly for their brethren who have served in the field, and finally, that he would most graciously be pleased to dispose us all to do justice, to love mercy, and to demean ourselves with that charity, humility, and pacific temper of mind, which were the characteristics of the Divine Author of our blessed religion; without an humble imitation of whose example in these things we can never hope to be a happy nation. ' ' Chief Justice Marshall, of this "paternal and affectionate letter," says: "The impression made by this solemn and affecting admonition could not be surpassed. The circumstances under which it was given, added to the veneration with which it was received; and, like the counsel of a APPENDIX 587 parent on -nhom the grave is about to close forever, it sunk deep into the hearts of all. But, like the counsels of a parent withdrawn from view, the advice was too soon forgotten, and the impression it had made was too soon effaced. ' ' CONSTITUTION OF THE UNITED STATES Preamble We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. — Legislative Department Section I. All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. ' Sec. II. Clause 1. The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. Clause 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Clause 3. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of j^ears, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three ; Massachusetts, eight ; Rhode Island and Providence Plantations, one ; Con- necticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Dela- ware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five, and Georgia, three. Ky cause 4. When vacancies happen in the representation from any state, 588 THE CONSTITUTION AND ITS FEAMEES the executive authority thereof shall issue writs of election to fill such vacancies. Clause 5. The house of representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment. Sec. III. Clause 1. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. Clause 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. Clause 3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. Clause 4. The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided. Clause 5. The senate shall choose their other officers, and also a presi- dent pro tempore, in the absence of the vice-president, or when he shall exercise the oflfice of president of the United States. Clause 6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present. Clause 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States: but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law. Section IV. Clause 1. The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators. Clause 2. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section V. Clause 1. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each APPENDIX 589 shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. Clause B. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. Clause 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such pai'ts as may in their judgment require secrecy ; and the yeas and nays> of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Clause 4. Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section VI. Clause 1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. Clause 2. No senator or representative shall, during the time for M'hieh he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. Section VII. Clause 1. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. Clause 2. Every bill which shall have passed the house of represent- atives and the senate, shall, before it become a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) 590 THE CONSTITUTION AND ITS FEAMEES after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law. Clause 2, Every order, resolution, or vote to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the senate and house of representatives, according to the rules and limitations pre- scribed in the case of a bill. Sec. VIII. Clause 1. The congress shall have power, to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. Clause 2. To borrow money on the credit of the United States; Clause 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; Clause 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; Clause 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; Clause 6. To provide for the punishment of counterfeiting the securi- ties and current coin of the United States; Clause 7. To establish postoffices and post-roads; Clause 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; Clause 9. To constitute tribimals inferior to the supreme court; Clause 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations; Clause 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; Clause IS. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; Clause 13. To provide and maintain a navy; Clause 14. To make rules for the government and regulation of the land and naval forces; Clause 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; Clause 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress; APPENDIX 591 Clause 17. To exercise exclusive legislation in all eases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; — And Clause 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or ofScer thereof. Sec. IX. Clause 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. Clause 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. Clause 3. No bill of attainder or ex post facto law shall be passed. Clause 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. Clause 5. No tax or duty shall be laid on articles exported from any state. Clause 6. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another. Clause 7. No money shall be drawn from the treasury, but in conse- quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. Clause 8. No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. Sec. X. Clause 1. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit ; make anything but gold and silver coin a tender in pay- ment of debts; pass any bill of attainder, ex post facto kiw, or law impairing the obligation of contracts, or grant any title of nobility. Clause 2. No state shall, without the consent of the congress, lay any impost, or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all 592 THE CONSTITUTION AND ITS FEAMEES duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the congress. Clause 3. No state shall, without the consent of congress, lay any duty of tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. AETICLE II — Executive Department Sec. 1. Clause 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows: Clause 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress, but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. Clause 3. [This clause has been superseded by the Twelfth Amend- ment.] Clause 4. The congress may determine the time of choosing the electors and the day on which they shall give their votes; which day shall be the same throughout the United States. Clause 5. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. Clause 6. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the con- gress may by law provide for the case of removal, death, resignation, or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected.. Clause 7. The president shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Clause 8. Before he enter on the execution of his office, he shall take the following oath or affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and APPENDIX 593 will to the best of my ability, preserve, protect and defend the consti- tution of the United States. ' ' Sec. II. Clause 1. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in eases of impeachment. Clause 2. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments. Clause 3. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. Sec. III. He shall from time to time give to the congress informa- tion of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraor- dinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Sec. IV. The president, vice-president and all civil officers of the United States, shall be removed from office on impeachment for, and con- viction of. treason, bribery, or other high crimes and misdemeanors. ARTICLE III — Judicial Department Sec. I. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Sec. II. Clause 1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; 594 THE CONSTITUTION AND ITS FRAMEES to all eases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state;' — between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. Clause 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the congress shall make. Clause S. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. Sec. III. Clause 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. Clause 2. The congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. AETICLE IV — General Provisions Sec. I. EuU faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state; and the congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Sec. II. Clause 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. Clause 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. Clause 3. No person held to service or labor in one state, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. 1 Limited by the Eleventh Amendment. See page 531. APPENDIX 595 Sec. III. Clause 1. New states may be admitted by the congress into this Union ; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legis- latures of the states concerned as well as of the congress. Clause 2. The congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be bO construed as to prejudice any claims of the United States, or of any particular state. Sec. IV. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. ARTICLE V — Power of Amendment The congress, whenever two-thirds of both houses shall deem it neces- sary, shall propose amendments to this constitution, or, on the applica- tion of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, wliich, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI — Miscellaneous Provisions Clause 1. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. Clause 2. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwith- standing. Clause 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial oiBeers, both of the United States and of the several states, shall be bound by oath or aflSrmation, to support this constitution; but no religious 596 THE CONSTITUTION AND ITS FEAMEES test shall ever be required as a qualification to any office or public trust under the United States. AETICLE VII — Eatification of the Constitution The ratification of the convention of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. Done in convention by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. GEOEGE WASHINGTON, President, and Deputy from Virginia. Attest: WILLIAM JACKSON, Secretary. John Langdon, New Hampshire Nicholas Oilman. Nathaniel Gorman, William Samuel Johnson, Alexander Hamilton. Massachusetts Eufus King. Cotmecticut Eoger Sherman. New Yorh New Jersey William Livingston, David Brearley, William Paterson, Jonathan Dayton, Benjamin Franklin, Thomas Mifflin, Eobert Morris, George Clymer, Pennsylvania Thomas FitzsimHions, Jared Ingersoll, James Wilson, Gouverneur Morris. APPENDIX 59? Delaware George Eead, Eiehard Bassett, Gunning Bedford, Jr., Jacob Broom. John Dickinson, Maryland James McHenry, Daniel Carroll. Daniel of St. Tho. Jenifer, John Blair, James Madison, Jr. North Carolina William Blount, Hugh Williamson. Eiehard Dobbs Spaight, South Carolina John Eutledge, Charles Pinckney, Charles Cotesworth Pinckney, Pierce Butler. Georgia William Few, Abraham Baldwin. Having concluded its work, and thirty-nine of the delegates, as seen, signed the constitution, the convention addressed the following resolution and letter to the Continental Congress: In Convention, Monday, September 17, 1787. The states of New Hampshire, Massachusetts, Connecticut; Mr. Hamil- ton, from New York; New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Resolved, That the preceding constitution be laid before the United States in congress assembled; and that it is the opinion of this convention, that it should afterwards be submitted to a convention of delegates, chosen in each state by the people thereof, under the recommendation of its legis- lature, for their assent and ratification; and that each convention assenting to, and ratifying the same, should give notice thereof to the United States in congress assembled. Eesolved, That it is the opinion of this convention, that as soon as the 598 THE CONSTITUTION AND ITS FRAMEES conventions of nine states shall have ratified this constitution, the United States in congress assembled should fix a day on which electors should be appointed by the states which shall have ratified the same, and a day on which the electors should assemble to vote for the president, and the time and place for commencing proceedings under this constitution; that after such publication, the electors should be appointed, and the senators and representatives elected; that the electors should meet on the day fixed for the election of the president, and should transmit their votes, certified, signed, sealed, and directed, as the constitution requires, to the secretary of the United States in congress assembled; that the senators and repre- sentatives should convene at the time and place assigned; that the senators should appoint a president of the senate, for the sole purpose of receiving, opening, and counting the votes for president: and that after he shall be chosen, the congress, together with the president, should, without delay, proceed to execute this constitution. By the unanimous order of the Convention. Gkorge Washington, President. William Jackson, Secrciary. Letter of the Convention to the President oe Congress. In Convention, Se'ptemher 17, 1787. Sir, — We have now the honor to submit to the consideration of the United States in congress assembled that constitution which has appeared to us the most advisable. The friends of our country have long seen and desired, that the power of making war, peace and treaties; that of levying money and regulating com_merce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union: but the impropriety of delegating such extensive trusts to one body of men is evident. Hence results the necessity of a different organization. It is obviously impracticable in the Federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion this difficulty was increased by a difference among the several states as to their situation, extent, habits, and particular interests. In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the APPENDIX 599 consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the conven- tion to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus the constitution, which now we present, is the result of a spirit of amity, and of that mutual deference and con- cession which the peculiarity of our political situation rendered indis- pensable. That it will meet the full -and entire approbation of every state, is not perhaps to be expected; but each will doubtless consider, that had her interests been alone consulted, the consequences might have been particu- larly disagreeable or injurious to others: that it is liable to as few excep- tions as could reasonably have been expected, we hope and believe: that it may promote the lasting welfare of that country so dear to us all and secure her freedom and happiness, is our most ardent wish. With great respect, we have the honor to be, sir, your excellency's most obedient and humble servants. George Washington, President. By unanimous order of the convention. His Excellency, the President of Congress. Upon the receipt of the constitution, resolution, and letter, the congress, on September 28, 1787, unanimously resolved: — ' ' That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention, made and provided in that case." AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, RATIFIED ACCORDING TO THE PROVISIONS OF THE FIFTH ARTICLE OF THE FOREGOING CONSTITUTION. AETICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. AETICLE III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. AETICLE IV. The right of the people to be secure in their persons, 600 THE CONSTITUTION AND ITS FEAMEES houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly; describing the place to be searched, and the persons or things to be seized. AETICLE V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. AETICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. AETlCLE VII. In suits at common law, where the value in contro- versy shall exceed twenty dollars, the right of trial by jury shall be pre- served, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. AETICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. AETICLE IX. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people. AETICLE X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. AETICLE XL The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. AETICLE XII. The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice- president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of APPENDIX 601 the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; — the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the presi- dent. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice- president,* a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the oifiee of president shall be eligible to that of vice-president of the United States. AETICLE XIII. Sec. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction. Sec. 2. Congress shall have power to enforce this article by aopro- priate legislation. AKTICLE XIV. Sec. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Eepresentatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice-president of the United States, representatives in congress, the execu- tive or judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being 602 THE CONSTITUTION AND ITS FEAMEES twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. Sec. 3. No person shall be a senator or representative in congress, or elector of president or vice-president, or hold any ofSce, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may by a vote of two- thirds of each house, remove such disability. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Sec. 5. The congress shall have power to enforce, by appropriate legislation, the provisions of this article. AETICLE XV. Sec. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. Sec, 2. The congress shall have power to enforce this article by appropriate legislation. WASHINGTON'S FAREWELL ADDEESS TO THE PEOPLE OF THE UNITED STATES. (September 17, 1796.) Friends and Fellow-Citizens: — The period for a new election of a citizen to administer the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that impor- tant trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed to decline being considered among the number of those out of whom a choice is to be made. I beg you, at the same time, to do me the justice to be assured that this resolution has not been taken without a strict regard to all the con- APPENDIX 603 siderations appertaining to the relation which binds a dutiful citizen to his country; and that, in withdrawing the tender of service, Avhich silence, in my situation, might imply, I am influenced by no diminution of zeal for your future interest; no deficiency of grateful respect for your past kindness; but am supported by a full conviction that the step is com- patible with both. The acceptance of, and continuance hitherto in, the oflSce to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to (io this, previous to the last election, had even led to the preparation of an address to declare it to you ; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations and the unanimous advice of persons entitled to my confidence impelled me to abandon the idea. I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the senti- ment of duty or propriety; and am persuaded, whatever partiality may be retained for my services, that, in the present circumstances of our country, you will not disapprove my determination to retire. The impressions with which I first undertook the arduous trust were explained on the proper occasion. In the discharge of this trust, I will only say that I have, with good intentions, contributed toward the organi- zation and administration of the government the best exertions of which a very fallible judgment was capable. Not unconscious, in the outset, of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increasing weight of years admonishes me, more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that, if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe that, while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking forward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to ray beloved country for the many honors it has conferred upon me ; still more for the steadfast confidence with which it has supported me; and for the opportunities I have thence enjoyed of manifesting my inviolable attach- ment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example 604 THE CONSTITUTION AND ITS FEAMEKS in our annals that, under circumstances in which the passions, agitated in every direction, were liable to mislead, amid appearances sometimes dubious, vicissitudes of fortune often discouraging, in situations in which, not unfrequently, want of success has countenanced the spirit of criticism, the constancy of your support was. the essential prop of the efforts, and a guarantee of the plans, by which they were effected. Profoundly pene- trated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows that heaven may continue to you the choicest tokens of its beneficence; that your union and brotherly affection may be perpetual; that the free constitution, which is the work of your hands, may be sacredly maintained; that its administration in every department may be stamped with wisdom and virtue; that, in fine, the happiness of the people of these states, under the auspices of liberty, may be made com- plete, by so careful a preservation and so prudent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affection and adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to stop; but a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your felicity as a people. These will be offered to you with the more free- dom, as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsel; nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a former and not dissimilar occasion. Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attach- ment. The unity of government, which constitutes you one people, is also now dear to you. It is justly so; for it is a main pillar in the edifice of your real independence; the support of your tranquillity at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But, as it is easy to foresee, that, from different causes, and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your col- lective and individual happiness; that you should cherish a cordial, habitual and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching APPENDIX 605 for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can, in any event, be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. For this you have every inducement of sympathy and interest. Citizens, by birth or choice, of a common country, that country has a right to con- centrate your affections. The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, manners, habits and political principles. You have, in a common cause, fought and triumphed together: the independence and liberty you possess are the work of joint councils and joint efforts, of common dangers, sufferings and successes. But these considerations, however powerfully they address themselves to your sensibility, are greatly outweighed by those which apply more imme- diately to your interest. Here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole. The North, in an unrestrained intercourse with the South, protected by the equal laws of a common government finds, in the productions of the latter, great additional resources of maritime and commercial enterprise and precious materials of manufacturing industry. The South, in the same intercourse, benefiting by the agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation invigorated; and, while it contributes, in different ways, to nourish and increase the general mass of the national navigation, it looks forward to the protection of a maritime strength to which itself is unequally adapted. The East, in like intercourse with the West, already finds, and in the progressive improvement of interior communications by land and water will more and more find, a valuable vent for the commodities which it brings from abroad or manufactures at home. The West derives from the East supplies requisite to its growth and comfort; and, what is, perhaps, of still greater consequence, it must, of necessity, owe the secure enjoyment of indispensable outlets for its own productions to the weight, influence, and the future maritime strength of the Atlantic side of the Union, directed by an indissoluble community of inter- est as one nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own separate strength, or from an apostate and unnatural connection with any foreign power, must be intrinsically precarious. While, then, every part of our country thus feels an immediate and particular interest in union, all the parts combined cannot fail to find, in the united mass of means and efforts, greater strength, greater resources, 606 THE CONSTITUTION AND ITS FRAMEES proportionally greater security from external danger, a less frequent inter- ruption of their peace by foreign nations; and, what is of inestimable value, they must derive from union an exemption from those broils and wars between themselves which so frequently afflict neighboring countries not tied together by the same government; which their own rivalships alone would be sufficient to produce, but which opposite foreign alliances, attach- ments and intrigues would stimulate and embitter. Hence, likewise, they will avoid the necessity of those overgrown military establishments which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty; in this sense it is that your union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other. These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the continuance of the Union as a primary object of patriotic desire. Is there a doubt whether a common government can embrace so large a sphere? Let experience solve it. To listen to mere speculation, in such a case, were criminal. We are authorized to ho|)o that a proper organization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to union, affecting all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bands. In contemplating the causes which may disturb our union, it occurs as a matter of serious concern that any ground should have been furnished for characterizing parties by geographical discriminations— Northern and Southern, Atlantic and Western; whence designing men may endeavor to excite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence, within particular dis- tricts, is to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealousies and heart-burnings which spring from these misrepresentations; they tend to render alien to each other those who ought, to be bound together by fraternal affection. The inhabitants of our western country have lately had a useful lesson on this head: they have seen, in the negotiation by the executive, and in the unanimous ratification by the senate, of the treaty with Spain, and in the universal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the General Government and in the Atlantic States unfriendly to their interests in regard to the Mississippi ; they have been witnesses to the formation of two treaties, that with Great Britian and that with Spain, which secure to them everything they could desire, in respect to our foreign rela- APPENDIX 607 tions, toward confirming their prosperity. Will it not be their wisdom to rely, for the preservation of these advantages, on the Union by which they were procured? "Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren and connect them with aliens? To the efficacy and permanency of your Union, a government for the whole is indispensable. No alliances, however strict, between the parts, can be an adequate substitute ; they must inevitably experience the infractions and interruptions which all alliances, in all times, have experienced. Sen- sible of this momentous truth, you have improved upon your first essay by the adoption of a Constitution of Government better calculated than your former for an intimate Union, and for the efficacious management of your common concerns. This government, the offspring of your own choice, unintiuenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers uniting security with energy, and containing within itself a pro- vision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political system is the right of the people to make and to alter their Constitutions of Government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government. All obstruction to the execution of the laws, all combinations and asso- ciations, under whatever plausible character, with the real design to direct, control, counteract or awe the regular deliberation and action of the con- stituted authorities are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation, the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill- concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans, digested by common councils and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, they are likely, iu the course of time and things, to become potent engines by which cunning, ambitious and unprin- cipled men will be enabled to subvert the power of the people, and usurp for themselves the reins of government; destroying, afterward, the very engines which had lifted them to unjust dominion. Toward the preservation of your government, and the permanency of 608 THE CONSTITUTION AND ITS FRAMEES your present hapijy state, it is requisite not only that you steadily dis- countenance irregular oppositions to its acknowledged authority but also that you resist with care the spirit of innovation upon its principles, how- ever specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing Constitution of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember, especially, that for the efficient management of your com- mon interests in a country so extensive as ours, a government of as much vigor as is consistent with the security of perfect liberty is indispensable. Liberty itself will find in such a government, with powers properly dis- tributed and adjusted, its surest guardian. It is, indeed, little else than a name where the government is too feeble to withstand the enterprises of faction, to confine each m.ember of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the state, with particular reference to the founding of them on geographical discrimina- tions. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists, under different shapes, in all governments, more or less stifled, controlled, or repressed; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty. Without looking forward to an extremity of this kind (which, never- theless, ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. APPENDIX 609 It serves always to distract the Public Councils and enfeeble the Public Administration. It agitates the community with ill-founded jealousies and false alarms; kindles the animosity of one part against another; foments, occasionally, riot and insurrection. It opens the door of foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another. There is an opinion that parties in free countries are useful checks upon the administration of the government, and serve to keep alive the spirit of Liberty. This, within certain limits, is probably true; and in governments of a monarchical east, Patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in governments purely elective, it is a spirit not to be encouraged. From their natural tendency it is certain there will always be enough of that spirit for every salutary purpose. And, there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a fl^ame, lest, instead of warming, it should consume. It is important, likewise, that the habits of thinking in a free country should inspire caution, in those intrusted with its administration, to con- fine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the depart- ments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and constituting each the Guardian of the Public Weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the dis- tribution or modification of the constitutional powers be, in any particular, wrong, let it be corrected by an amendment in the way which the constitu- tion designates. But let there be no change by usurpation ; for, though this in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance, in permanent evil, any partial or transient benefit which the use can at any time yield. Of all the dispositions and habits which lead to political prosperity. Religion and Morality are indispensable supports. In vain would that man claim the tribute of Patriotism who should labor to subvert these great pil- lars of human happiness, these firmest props of the duties of Men and Citizens. The mere Politician, equally with the pious man, ought to respect 610 THE CONSTITUTION AND ITS FEAMEES and to cherish them. A volume could not trace all their connections with private and public felicity. Let is simply be asked, Where is the security for property, for reputation, for life, if the sense of religious obligation deserts the oaths, which are the instruments of investigation in Courts of Justice? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religioys principle. It is substantially true that virtue or morality is a necessary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric? Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a gov- ernment gives force to public opinion, it is essential that public opinion should be enlightened. As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as sparingly as possible; avoiding occasions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it; avoiding, likewise, the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burden which we ourselves ought to bear. The execution of these maxims belongs to your Eepresentatives, but it is necessary that public opinion should cooperate. To facilitate to them the performance of their duty, it is essential that you should practically bear in mind that toward the payment of debts there must be revenue; that to have revenue there must be taxes; that no taxes can be devised which are not more or less inconvenient and unpleasant; that the intrinsic embarrassment, inseparable from the selection of the proper objects (which is always a choice of difficulties), ought to be a decisive motive for a candid construction of the conduct of the Government in mak- ing it, and for a spirit of acquiescence in the measures for obtaining reve- nue which the public exigencies may at any time dictate. Observe good faith and justice toward all nations ; cultivate peace and harmony with all. Eeligion and Morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that, in the course of time and things, the fruits of such a plan would richly repay any temporary advantages, which might be lost by a steady adherence to it? Can it be APPENDIX 611 that Providence has not connected the permanent felicity of a nation with its virtue? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas! is it rendered impossible by its vices? In the execution of such a plan nothing is more essential than that permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place jf them, just and amicable feelings toward all should be cultivated. The nation which indulges toward another an habitual hatred, or an habitual fondness, is in some degree a slave. It is a slave to its animosity or to its affection, either of which is suflScient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the Government, contrary to the best calculations of policy. The Govern- ment sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times it makes the animosity of the nation subservient to project of hostility instigated by pride, ambition and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty of nations has been the victim.' So, likewise, the passionate attachment of one nation for another pro- duces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest, in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others, which is apt doubly to injure the nation niaking the concessions, by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will and a disposition to retaliate in the parties from whom equal privileges are withheld ; and it gives to ambitious, corrupted or deluded citizens (who devote themselves to the favorite nation)' facility to betray or sacrifice the interest of their own countrj', without odium, sometimes even with popularity; gilding with the appearance of a virtuous sense of obligation a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption or infatuation. As avenues to foreign influence, in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils! Such an attachment of a small or weak toward a great and powerful nation dooms the former to be the satellite of the latter. 612 THE CONSTITUTION AND ITS FRAMEES Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake; since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy, to be useful, must be impartial; else -it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation, and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Eeal patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people to surrender their interests. The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be -fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests .which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordi- nary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient government, the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupulously respected; when belligerent nations, under the impossibility of making acquisitions upon lis, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel. Why forego the advantages of so peculiar a situation? Why quit our own, to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, interest, humor or caprice? It is our true policy to steer clear of permanent alliances with any por- tion of the foreign world, so far, I mean, as we are now at liberty to do it ; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to pri- vate affairs, that honesty is always the best policy. I repeat it, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary and would be unwise to extend them. Taking care always to keep ourselves, by suitable establishments, on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies. APPENDIX 613 Harmony, and a liberal intercourse with all nations, are recommended by policy, humanity and interest. But even our commercial policy should hold an equal and impartial hand: neither seeking nor granting exclusive favors or preferences; consulting the natural course of things; diffusing and diversifying, by gentle means, the streams of commerce, but forcing nothing; establishing, with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the Gov- ernment to support them, conventional rules of intercourse, the best that present circumstances and mutual opinion will permit, but temporary, and liable to be from time to time abandoned or varied, as experience and cir- cumstances shall dictate; constantly keeping in view that it is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its independence for whatever it may accept under that char- acter; that, by su'ih acceptance, it may place itself in the condition of hav- ing given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion, which experience must cure, which a just pride ought to discard. In offering to you, my countrymen, these counsels of an old and affec- tionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations. But if I may even flatter myself that they may be productive of some partial benefit or some occasional good — that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue, to guard against the impostures of pretended patriotism — this hop^ will be a full recompense for the solici- tude for your welfare by which they have been dictated. How far, in the discharge of my official duties, I have been guided by the principles which have been delineated, the public records and other evi- dences of my conduct must witness to you and to the world. To myself, the assurance of my own conscience is that I have at least believed myself to be guided by them. In relation to the still subsisting war in Europe, my Proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your Eepresentatives in both Houses of Congress, the spirit of that measure has continually governed me, unin- fluenced by any attempts to deter or divert me from it. After deliberate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a neutral position. Having taken it, I determined, as far as should depend upon me, to maintain it, with moderation, perseverance and firmness. The considerations which respect the right to hold this conduct it is 614 THE CONSTITUTION AND ITS FRAMERS not necessary on this occasion to detail. I will only observe that, accord- ing to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without any- thing more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity toward other nations. The inducements of interest for observing that conduct will best be referred to your own reflections and experience. With me, a predominant motive has been to endeavor to gain time to our country to settle and mature its yet recent institutions, and to progress without interrupion to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes. Though, in reviewing the incidents of my administration, I am uncon- scious of intentional error, I am nevertheless too sensible of my defects not to think it probable that I may have committed many errors. "Whatever there may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence; and that, after forty-five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest. Relying on its kindness in this as in other things, and actuated by that fervent love toward it which is so natural to a man who views in it the native soil of himself and his progenitors for several generations, I antici- pate with pleasing expectation that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow-citizens, the benign influence of good laws under a free government, the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors and dangers. George Washington. United States, September nth, 1796. APPENDIX 615 Oi en »^ CO to 1-^ o W h5 tH SH ^ f •< V' S ^ 2. B 3. 5S| •I o ft.: O. c ; 5 B ^.S" 6 » ^ -2 ^; HS" S B % %. 13 S! !2 fH I— < CO O H t> H > O O a d I— ( o w cc P 2! Hi 2! 5'Z2;oo 2 tP S :< 55 -;co 00 ti a>00CO °S-)05'^ • Ol to «bii • • 00 •i) P ^ oj h-» 1-^ t*k h-i B. M M B 00 >-> .. 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ORIGIN OF THE NAMES OF THE STATES AND TERRITORIES; CAPITALS; MOTTOS; NICKNAMES; FLOWERS; AREA; POPULATION IN 1900; SETTLED, WHEN AND BY WHOM. Alabama. Named in 1817 from its principal river; that from the Ali- bamus, or Alibamos Indians. One authority claims its name from the last battle of De Soto, in 1541, at Alibamo, on the Yazoo river. Capital, Montgomery. Motto, Here we rest. Nickname, the Cotton state. Flower, Golden Eod. Area, 52,250 square miles. Population, 1900, 1,828,697. Settled at Mobile, 1702, by the Trench. Alaska. Named by Captain Cook in 1778 from an Indian word, "Alak- shak, ^' meaning large country; it is larger than twice the state of Texas and all Pennsylvania combined. Capital, Juneau. Area, 590,- 884 square miles. Population, 1900, 63,592. Settled at Sitka, 1801, by the Eussians. Arizona. Named from the Indian word, "Arizuma, " meaning rocky country. Capital, Phoenix. Motto, Ditat Deus, meaning God en- riches. Flower, Sequoia Cactus. Area, 113,020 square miles. Popu- lation, 1900, 122,931. Settled at Tucson, 1680, by the Spaniards. Arkansas. Named from its principal river; that from the Indians living along it, who from the excellence of their bows were known as the Arc or Bow Indians. Capital, Little Kock. Motto, Eegnant populi, meaning the people rule. Nickname, Bear state. Flower, Apple blossom. Area, 53,850 square miles. Population, 1900, 1,311,564. Settled at Arkansas Post, 1685, by the French. California. Named by the officers of Cortez in 1635 from a Spanish romance describing it as the great Island of California, abounding in gold and precious stones. Capital, Sacramento. Motto, Eureka; meaning, I have found it. Nickname, the Golden state. Flower, California Poppy. Area, 158,360 square miles. Population, 1900, 1,485,053. Settled at San Diego, 1769, by the Spaniards. Colorado. Named from its principal river; the word, Colorado, is Span- ish, meaning red. Capital, Denver. Motto, Nil sine numine; mean- ing, Nothing without God. Nickname, the Centennial state, from its admission into the Union in 1876. Flower, Purple Columbine. Area, 103,925 square miles. Population, 1900, 539,700. Settled near Den- ver, 1858, by Americans. Connecticut. Named from its principal river; its Indian name, "Quin- neh-tukyut, " meaning land on a long tidal river. Capital, Hartford. Motto, Sustinet qui transtulit; meaning, He who transplanted still sustains. Flower, Mountain Laurel. Nicknames, the Land of Steady Habits, the Nutmeg state. Area, 4,990 square miles. Population, 1900, 908,420. Settled at Windsor, 1635, by the Puritans. 618 APPENDIX 619 Delaware. Named from Lord Delaware, or de la Warr. Capital, Dover. Motto, Liberty and Independence. Nicknames, the Diamond state, the Blue Hen state. Flower, Peach blossom. Area, 2,050 square miles. Population, 1900, 184,735. Settled at Cape Henlopen, 1638, by the Swedes. District of Columbia. Named in honor of Christopher Columbus, the Great Discoverer. Capital, Washington. Motto, Justitia; meaning. Justice (or justice for all). Area, 70 square miles. Population, 1900, 278,718. Florida. Named by Ponce de Leon in 1512, his landing there being on Easter Sunday; in Spanish, Paseua Florida. Capital, Tallahassee. Motto, In God we trust. Nickname, the Peninsula state. Flower, Japouica. Area, 58,680 square miles. Population, 1900, 528,542. Georgia. Named in honor of Kinge George II of England. Capital, At- lanta. Motto, Wisdom, Justice, Moderation. Nicknames, the Empire State of the South, Cracker State. Flower, Cherokee Rose. Area, 59,475 square miles. Population, 1900, 2,216,331. Settled at Savan- nah, 1733, by the English. Idaho. Named from the Indian word meaning gem of the mountain. Capital, Boise City. Motto, Salve; meaning, welcome, or hail. Flower, Syringa. Settled at Coeur d'Alene, 1842, by Americans. Area, 84,800 square miles. Population, 1900, 161,722. Illinois. Named in 1809 from its principal river, that from the Indians, the "Illini, " meaning superior men. Capital, Springfield. Motto, State Sovereignty — National Union. Nickname, the Sucker state. Flower, Violet. Area, 56,650 square miles. Population, 1900, 4,821,- 550. Settled at Kaskaskia, 1720, by the French. Indiana. Named after the American Indian. Capital, Indianapolis. Nickname, the Hoosier state. Flower, Indian Corn. Area, 36,350 square miles. Population, 1900, 2,516,462. Settled at Vincennes, 1730, by the French. Iowa. Named from the Indian word, "Ajawa;" meaning across or beyond; applied by the Illinois tribes of Indians to the Indians liv- ing beyond the Mississippi; also said to be a contraction of the In- dian word, " Ah-hee-oo-ba," meaning sleepers. Capital, Des Moines. Motto, Our liberties we prize and our rights we will maintain. Nickname, the Hawkeye state. Flower, Wild Eose. Area, 56,025 square miles. Population, 1900, 2,231,853. Settled at Burlington, 1788, by the French. Kansas. Named from its principal river, that from the Indians who lived along it; also said to come from the name "Cayas, " given the region by De Soto. The Indian name means smoky or cloudy water. Capital, Topeka. Motto, Ad astra per aspera; meaning, to the stars through ditiiculties. Nickname, the Sunflower state. Flower, Sunflower. Area, 82,080 square miles. Population, 1900, 1,470,495. Settled, 1831, by Americans. Kentucky. Named from its principal river, meaning at the head of the river; also claimed to be named from the Indian word "Kento-ke," meaning hunting laud. Capital, Frankfort. Motto, United we stand, divided we fall. Nicknames, the Bluegrass state, the Dark and 620 THE CONSTITUTION AND ITS FEAMEES Bloody Ground, the Corneracker state. Area, 40,400 square miles. Population, 1900, 2,147,174. Settled at Lexington, 1765, by Vir- ginians. Louisiana. Named by La Salle in 1682 in honor of Louis XIV of France. Capital, Baton Eouge. Motto, Union, Justice and Confidence. Nick- name, the Creole state. Flower, Magnolia. Area, 48,720 square miles. Population, 1900, 1,381,625. Settled at Iberville, 1699, by the French. Maine. Named in 1622 from its charter calling it the "Mayne land;" that is, the main or chief part of the territory. Capital, Augusta. Motto, Dirigo; meaning, I direct. Nicknames, the Lumber state, the Pine Tree state. Flower, Pine Cone and Tassel, Area, 33,040 square miles. Population, 1900, 694,466. Settled at Bristol, 1624, by the English. Maryland. Named by King Charles I of England in honor of his queen, Henrietta Maria, in his patent to Lord Baltimore, June 30, 1632. Capital, Annapolis. Mottoes, Fatti maschi parole femine; meaning, manly deeds and womanly words; scuto bonae voluntas tuas coronasti nos; meaning, with the shield of Thy good will thou hast covered, or crowned, us. Flower, Golden Eod. Nickname, the Old Line state. Area, 12,210 square miles. Population, 1900, 1,188,044. Settled at St. Mary's, 1634, by the English. Massachusetts. Named from the Indian tribe living near Boston. Two compound Indian words are given for the name of the tribe, "Mas- sa, ' ' meaning Great, and ' ' Wadchuash, ' ' meaning Mountains or Hills; and "Massa" and "Waehuset, " meaning at the Great Hill. Capital, Boston. Motto, Ense petit placidam sub libertate quietem; meaning. With the sword she seeks quiet peace under liberty. Nick- names, the Bay state, Old Colony. Area, 8,315 square miles. Popu- lation, 1900, 2,805,346. Settled at Plymouth, 1620, by the Puritans. Michigan. Named from the lake it borders, derived from the Indian words "Mitcha" and "Gan, " meaning Great Lake. Capital, Lansing. Motto, Si quaeris peninsulam amoenam circumspice; meaning, If thou seekest a beautiful peninsula behold it here, or look around thee. Nicknames, the Lake state, Wolverine state. Flower, Apple blos- som. Area, 58,915 square miles. Population, 1900, 2,420,982. Settled near Detroit, 1620, by the French. Minnesota. Named from its chief river; the Indian words "Mini," meaning Water, and "Sotah," meaning Sky-colored. Capital, St. Paul. Motto, Etoile du nord; meaning, The Star of the North. Nicknames, the North Star state. Gopher state. Flower, Moccasin. Area, 83,365 square miles. Population, 1900, 1,751,394. Settled at St. Peter, 1805, by Americans. Mississippi. Named in 1790 from the great river, that from the In- dian Words ' ' Missi-sepe, ' ' meaning Great Eiver or Father of Waters. Capital, Jackson. Nickname, the Bayou state. Flovv^er, Magnolia. Area, 46,810 square miles. Population, 1900, 1,551,270. Settled at Natchez, 1716, from South Carolina. Missouri. Named from its great river, that from the Indian words "Missi-souri," meaning Muddy river. Capital, Jefferson City. Motto, Salus populi suprema lex esto; meaning, The welfare of the APPENDIX 631 people is the supreme law. Flower, Golden Kod. Area, 69,415 square miles. Population, 1900, 3,106,665. Settled at St. Louis, 1764, by the French. Montana. Named from the Eocky mountains; the word is Spanish, mean- ing Mountains. Capital, Helena. Motto, Oro y Plata; Spanish, meaning Gold and Silver. Nickname, Stubtoe state. Flower, Bitter- root. Area, 146,080 square miles. Settled, 1809, by Americans. Population, 1900, 243,329. Nebraska. Named from its principal river, that from the Indian words "Nee" and "Braska," meaning Shallow water or Water valley. Capital, Lincoln. Motto, Equality before the law. Flower, Golden Eod. Area, 77,510 square miles. Population, 1900, 1,066,300, Set- tled at Bellevue, 1847, by Americans. Nevada. Named from the Sierra Nevada mountains; in Spanish, Snowy mountains. Capital, Carson City. Motto, All for our country. Nickname, the Silver state. Area, 110,700 square miles. Popula- tion, 1900, 42,335. Settled at Genoa, 1850, by Americans. New Hampshire. Named in honor of Hampshire, England, of which its patentee was governor. Capital, Concord. Nickname, the Granite state. Area, 9,305 square miles. Population, 1900, 411,588. Settled at Dover and Portsmouth, 1623, by Puritans. New Jersey. At first called New Sweden, was named by Sir George Carteret, cue of its original proprietors, after the Island of Jersey, England, of which he was governor. Capital, Trenton. Motto, Liberty and Prosperity. Nickname, Jersey Blue state. Flower, Sugar Maple. Area, 7,815 square miles. Population, 1900, 1,883,669. Settled at Bergen, 1620, by the Swedes. Also claimed to be first settled by Dutch emigrants from New York. New Mexico. Named after the Aztec God of War, Mexitli, or Mexildi. Capital, Santa Fe. Motto, Crescit eundo; meaning. In going it in- creases, or increases with progress. Flower, Crimson Eambler Eose. Area, 122,580 square miles. Population, 1900, 195,310. Settled at Santa Fe, 1537, by the Spaniards. New York. At first called New Netherlands, was named after the Duke of York, to whom it was granted in 1664. Capital, Albany. Motto, Excelsior; meaning higher. Nickname, the Empire state. Flower, Eose. Area, 49,170 square miles. Population, 1900, 7,268,894. Set- tled at Manhattan island, 1614, by Dutch. North Carolina. Claimed to be named both after King Charles I of England and Charles IX of Fi'ance. Capital, Ealeigh. Motto, Esse quam videri; meaning. To be rather than to seem. Nicknames, the Turpentine state, Tarheels, the Old North state. Flower, Chrysanthe- mum. Area, 52,250 square miles. Population, 1900, 1,893,810. Set- tled at Albemarle, 1650, by the English. North Dakota. Both Dakotas, formerly one territory, were named after the Indians who inhabited that region and were known as the "Dakotahs," meaning the allies, as they were called by the Indians east of them. Capital, Bismarck. Motto, Liberty and Union, one and inseparable, now and forever, from Daniel Webster's most fa- mous speech in the United States Senate. Nickname, the Flickertail state. Flowers, Golden Eod and Wild Eose. Area, 70,795 square 622 THE CONSTITUTION AND ITS FRAMEES miles. Population, 1900, 319,146. Settled at Pembina, 1780, by the French. Ohio. Named from the great river, its southern boundary; that from the Indian word "0-hee-yo, " meaning Beautiful river. Capital, Columbus. Motto, Imperium in imperio; meaning, A government within a government, or an empire within an empire, symbolical of the sovereign states within a sovereign union. Flower, Carnation. Nickname, the Buckeye state. Area, 41,060 square miles. Popula- tion, 1900, 4,157,545. Settled at Marietta, 1788, by Americans. Oklahoma. Named from an Indian work meaning a beautiful land. Capital, Guthrie. Flowers, Mistletoe, Crimson Eambler. Area, 70,- 430 square miles. Population, 1900, Oklahoma, proper, or territory, 392,060; Indian territory, now part of that state, 398,331; both, 790,391. Settled, 1889, by Americans. Oregon, Named from the Sioux Indian word "Wauregan, " meaning beautiful water or great flowing river. Capital, Salem. Motto, The Union. Nickname, the Beaver state. Flowers, Marjoram, Ore- gon grape. Area, 96,030 square miles. Population, 1900, 413,536. Settled at Astoria, 1810, by Americans. Pennsylvania. Named in honor of William Penn, Penn Sylva, meaning Penn 's Woods, or Penu 's sylvan province. Capital, Harrisburg. Motto, Virtue, Liberty and Independence. Nickname, the Keystone state, from its being the central state at the time of the formation of the Union. Area, 45,215 square miles. Population, 1900, 6,302,- 115. Settled on the Delaware river, 1682, by the English. Bhode Island. Named in honor of the Isle of Ehodes; also claimed to be named from the Dutch, "Eoode Eylandt, " meaning red island. Capital, Providence. Motto, Hope. Nickname, Little Ehody, it being the smallest state in area in the Union. Flower, Violet. Area, 1,250 square miles. Population, 1900, 428,556. Settled at Provi- dence, 1636, by the English. South Carolina. Named in honor of King Charles II of England. Capi- tal, Columbia. Motto, Dum spiro spero; meaning. While I breathe let me hope. Nickname, the Palmetto state. Area, 30,570 square miles. Population, 1900, 1,340,316. Settled at Port Eoyal, 1670, by Huguenots, and, as North Carolina, at near as early date by the Eng- lish and Scotch-Irish. South Dakota. Same derivation of name as North Dakota. Capital, Pierre. Motto, Under God the people rule. Nickname, Swinge Cat state. Flower, Anemone. Area, 77,650 square miles. Population, 1900, 401,570. Settled at Sioux Falls, 1856, by Americans. Tennessee. Named in 1796 from its principal river, that from an Indian word meaning curved spoon, or river with the great bend. Capital, Nashville. Motto, Agriculture, Commerce. Nickname, the Big Bend state. Area, 42,050 square miles. Population, 1900, 2,020,616. Set- tled at Ft. Loudon, 1757, by the English. Texas. Name claimed to be from both the Spanish word "Tigus, " meaning covered houses, and the Indian word "Tachies" or "Tejas, " meaning friends. Capital, Austin. Nickname, the Lone Star state, from the lone star its flag bore when an independent republic from 1837 to 1845. Flower, Blue Bonnet. Area, 265,780 square miles. It is the largest state in the Union, 740 miles in APPENDIX 623 length, 825 in breadth, and has a coast of over 400 miles. Its admission into the Union in 1845 was the occasion of the "Mexican war." It sold to the national government all claims to lands west and north of the Eio Grande and Arkansas rivers for $10,000,000. In entering the Union reserved the right to dispose of all its public lands and to divide into five states, should future growth and devel- opment justify, the only state having such right without the consent of Congress. It was first inhabited by the Spaniards in 1580; by the French, at Matagorda Bay, in 1680. It has the largest public school fund of any state in the Union. Population, 1900, 3,048,710. Utah. Named from the Indians of that region, the word variously spelled Uto, Uteh, Ute and Youta, meaning mountain home. Capital, Salt Lake City. Flower, Sego Lily. Area, 84,970 square miles. Population, 1900, 276,749. Settled at Salt Lake City, 1847, by Americans. Vermont. Named from the French words "Verd" and "Mont," mean- ing Green mountain. Capital, Montpelier. Motto, Freedom and Unity. Nickname, the Green Mountain state. Flower, Ked Clover. Area, 9,565 square miles. Population, 1900, 343,641. Settled at Fort Dummer, 1764, by the English. Virginia. Named in 1584 in honor of Elizabeth, England's virgin queen. Capital, Eichmond. Motto, Sic semper tyrannus; meaning. Thus always to tyrants, its seal showing a frontiersman with sword and gun, standing with one foot on the prostrate body of a slain tyrant Nicknames, the Old Dominion, Mother of Presidents, from so many of our early presidents being chosen from her illustrious sons; Mother of States, Kentucky being formed from her territory, and her claim to the territory from which was formed the states of Ohio, Indiana, Illinois, Michigan and Wisconsin. Area, 42,450 square miles. Population, 1900, 1,854,184. Settled at Jamestown, 1607, by the English. Washington. Named in honor of George Washington. Capital, Olympia. Motto, Al-ki; meaning. Bye and bye. Nickname, Chinook state. Flower, Khododendron. Area, 69,180 square miles. Population, 1900, 518,103. Settled at Astoria, 1811, by Americans. West Virginia. Taking its name the same as Virginia, being formed therefrom during the Civil War. Capital, Charleston, Nickname, Panhandle state. Flower, Ehododendron. Area, 24,780 square miles. Population, 1900, 958,800. Settled at Wheeling, 1774, by the Eng- lish. Wisconsin. Named from its principal river, that from the Indian word meaning westward flowing, gathering waters. Capital, Madison. Motto, Forward. Nickname, Badger state. Area, 56,040 square miles. Population, 1900, 2,069,042. Settled at Green Bay, 1670, by the French. Wyoming. Named from an Indian word, "Maughwauwame," meaning large plains. Capital, Cheyenne. Motto, Cedant arma togae; mean- ing, Let arms yield to the gown, or the military subordinate to the civil authority. Area, 97,890 square miles. Population, 1900, 92,- 531. Settled at Fort Laramie, 1834, by Americans. Historians do not agree as to many of the dates in the above tables. They are taken from the statistical abstract published by the government. 624 THE CONSTITUTION AND ITS FEAMEES GROWTH IN AEEA; ACQUISITION OF TEERITORY. Square Acquired. miles. Paid. Original thirteen states 1783 '827,844 Louisiana purchase 1803 1,182,752 $27,267,621 Florida 1819 59,269 6,489,768 Texas 1845 371,063 Mexican purchase 1848 522,568 15,000,000 Bought of Texas 1850 96,707 16,000,000 Gadsden purchase from Mexico 1853 45,535 10,000,000 Alaska, from Kussia 1867 590,884 7,200,000 Hawaii 1898 6,740 Porto Eieo 1899 3,600 Philippine Islands 1899 143,000 20,000,000 Guam, Island of 1899 200 Tutuila Group, Samoa Islands 1900 73 Cagayan de Jolo, Cibuta 1900 743 100,000 3,850,938 Population, 1790, 3,929,214; 1900, exclusive of our acquisitions from Spain, 76,303,387; without Alaska, Hawaii, Indian territory and the Indian reservations, 75,568,686. APPENDIX 625 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The Constitution adopted — Delaware Dec. 6, 1787 Pennsylvania Dec. 12, 1787 New Jersey Dec. 18, 1787 Georgia Jan. 2, 1788 Connecticut Jan, 9, 1788 Massachusetts Feb. 6, 1788 Maryland April 28, 1788 South Carolina May 23, 1788 New Hampshire June 21, 1788 Virginia June 25, 1788 New_ York July 26, 1788 North Carolina Nov, 21, 1789 Khode Island May 29, 1790 Admitted to the Union — Vermont March 4, 1791 Kentucky June 1, 1792 Tennessee June 1, 1796 Ohio Nov. 29, 1802 Louisiana April 8, 1812 Indiana Dec. 11, 1816 Mississippi Dec. 10, 1817 Illinois Dec. 3, 1818 Alabama Dec. 14, 1819 Maine March 3, 1820 Missouri Aug. 10, 1821 Arkansas June 15, 1836 Michigan Jan. 26, 1837 Florida March 3, 1845 Texas Dee. 29, 1845 Iowa Dec. 28, 1846 Wisconsin May 29, 1848 California Sept, 9, 1850 Minnesota May 11, 1858 Oregon Feb. 14, 1859 Ka-nsas Jan. 29, 1861 West Virginia June 19, 1863 Nevada Oct, 31, 1864 Nebraska March 1, 1867 Colorado Aug, 1, 1876 North Dakota Nov. 2, 1889 South Dakota Nov, 2, 1889 Montana Nov, 8, 1889 Washington Nov, 11, 1889 Idaho July 3,1890 Wyoming July 11, 1890 Utah Jan. 4, 1896 Oklahoma Nov, 16,1907 Vote. Unanimous 46 to 25 Unanimous Unanimous 128 to 40 187 to 168 63 to 11 149 to 73 57 to 46 89 to 79 30 to 27 193 to 75 34 to 32 Administration. Washington 's Washington 's Washington 's Jefferson 's Madison 's Madison 's Monroe 's Monroe 's Monroe 's Monroe 's Monroe 's Jackson 's Jackson 's Tyler 's Polk 's Polk 's Polk 's Fillmore's Buchanan's Buchanan 's Buchanan 's Lincoln 's Lincoln 's Johnson's Grant 's Benjamin Harrison 's Benjamin Harrison 's Benjamin Harrison 's Benjamin Harrison 's Benjamin Harrison 's Benjamin Harrison 's Cleveland 's Roosevelt 's 636 THE CONSTITUTION AND ITS FEAMEKS The following is a list of all members of Presidential cabinets since the organization of the federal government : SECKETAKIES OF STATE. (See page 615.) SECKETAKIES OF THE ISlame. Alexander Hamilton.. . . Oliver Wolcott Samuel Dexter Albert Gallatin George W. Campbell.. .. Alexander J. Dallas.. .. William H. Crawford. . . Richard Rush Samuel D. Ingham Louis McLane William J. Duane Roger B. Taney Levi Woodbury Thomas Ewing Walter Forward John C. Spencer George M. Bibb Robert J. Walker William M. Meredith. . . Thomas Corwin James Guthrie Howell Cobb Philip P. Thomas John A. Dix Salmon P. Chase Wm. Pitt Fessenden. . .. Hugh McCulloch George S. Boutwell William A. Richardson . . Benjamin H. Bristow. . . Lot M. Morrill John Sherman William Windom Charles J. Folger Walter Q. Gresham Hugh McCulloch Daniel Manning Charles S. Fairchild. . .. William Windom Charles Foster John G. Carlisle Lyman J. Gage Leslie M. Shaw . George B. Cortelyou.. . . George B. Cortelyou. . . . Franklin MacVeagh. . . . TREASDEY. Appointed Sept. 11, 1789 Feb. 2 1 Jan. May 14 Feb. 9 Oct. 6 Oct. 22 Mch. 7 Mch. 6 Au May 29 Sept. 23 June 27: Mch. 5: Sept. 13 Mch. 3 June 15 Mch. 6 Mch. 8 July 23 Mch. 7 Mch Dec. 12 Jan. 11 Mch. 7 July 1 Mch. 7 Mch. 11 Mch. 17 June 4 July 7 Mch. 8 Mch. 5 Oct. 27 Sept. 24 Oct. 28 Mch. 6 April 1 Mch. 5 Feb Mch. Mch. Jan. Mch. Mch. Mch. SECKETAKIES OF WAR. Henry Knox Sept. 12 Timothy Pickering Jan. 2 James McHenry Jan. 27 Samuel Dexter May 13 Roger Griswold Feb. 3 Henry Dearborn Mch. 5 William Bustis Mch. 7 John Armstrong Jan. 13 James Monroe. Sept. 27 William H. Crawford. . .Aug. 1 George Graham John C. Calhoun Oct. 8, 1817 1795 1801 1801 1814 1814 1816 1825 1829 2,1831 1833 1833 1834 1841 1841 1843 1844 1845 1849 1850 1853 1857 1860 1861 1861 1864 1865 1869 1873 1874 1876 1877 1881 1881 1884 1884 1886 1887 1889 1891 1893 1897 1902 1905 1907 1909 1789 1795 1796 1800 1801 1801 1809 1813 1814 1815 Name. Appointed. James Barbour Mch. 7, 1825 Peter B. Porter May 26, 1828 John H. Eaton Mch. 9, 1829 Lewis Cass Aug. 1, 1831 Joel R. Poinsett Mch. 7, 1837 John Bell Mch. 5, 1841 John C. Spencer Oct. 12, 1841 James M. Porter Mch. 8, 1843 William Wilkins Feb. 15, 1844 William L. Marcy Mch. 6, 1845 George W. Crawford.. ..Mch. 8, 1849 Charles M. Conrad Aug. 15, 1850 Jefferson Davis Mch. 5, 1853 John B. Floyd Mar. 6, 1857 Joseph Holt Jan. 18, 1861 Simon Cameron Mch. 5, 1861 Edwin M. Stanton Jan. 15, 1862 Ulysses S. Grant Aug. 12, 1867 Lorenzo Thomas Feb. 21, 1868 John M. Schofield May 28, 1868 John A. Rawlins Mch. 11, 1869 William W. Belknap.. . .Oct. 25, 1869 Alphonso Taft Mch. 8, 1876 James D. Cameron May 22, 1876 George W. McCrary.. ..Mch. 12, 1877 Alexander Ramsey Dec. 10, 1879 Robert T. Lincoln Mch. 5, 1881 William C. Endicott.. . .Mch. 6, 1885 Redfleld Proctor Mch. 5, 1889 Stephen B. Blkins Dec. 17, 1891 Daniel S. Lamont Mch. 6, 1893 Russell A. Alger Mch. 5, 1897 Elihu Root Aug. 1, 1899 Elihu Root Mch. 5, 1901 Elihu Root , .. Sept. 14, 1901 William H. Taft Feb. 1, 1904 William H. Taft Mch. 6, 1905 Luke E. Wright .July 1, 1908 Jacob M. Dickinson.. ..Mar. 5, 1909 SECRETARIES OF THE NAVY Benjamin Stoddert May 21, Robert Smith July J. Crowinshield Mch. Paul Hamilton Mch. William Jones Jan. B. W. Crowinshield Dec. Smith Thompson Nov. Samuel L. Southard. . . .Sept. John Branch Mch. Levi Woodbury May Mahlon Dickerson June 30, James K. Paulding June 25, George E. Badger Mch. 5, Abel P. Upshur Sept. David Henshaw July Thomas W. Gilmer Feb. John Y. Mason Mch. 14, George Bancroft Mch. 10, John Y. Mason Sept. 9, William B. Preston Mch. 8, William A. Graham. .. .July 22, John P. Kennedy July James C. Dobbin Mch. 15, 3, 7, 12, 19, 9, 16, 9, 23, 13, 24, 15, 22, 7, 1798 1801 1805 1809 1813 1814 1818 1823 1829 1831 1834 1838 1841 1841 1843 1844 1844 1845 1846 1849 1850 1852 1858 APPENDIX 627 Name. Appointed. Isaac Toucey Mch. 6, 1857 Gideon Welles Mch. 5, 1861 Adolph E. Borie Mch. 5, 1869 George M. Robeson June 25, 1869 Richard W. Thompson . .Mch. 12, 1877 Nathan Goff, Jr Jan. 6, 1881 William H. Hunt Mch. 5, 1881 William E. Chandler.. ..April 1, 1882 William C. Whitney. . . .Mch. 6, 1885 Beniamin F. Tracy Mch. 5, 1889 Hilary A. Herbert Mch. 6, 1893 John D. Long Mch. 5, 1807 William H. Moody Mch. 10, 1902 Paul Morton July 1, 1904 Paul Morton Mch. 6, 1905 Charles J. Bonaparte. ..July 1, 1905 Victor H. Metcalf Dec. 17, 1906 Truman H. Newberry. . .Dec. 1, 1908 George von L. Meyer. . .Mch. 5, 1909 SECRETARIES OF THE INTERIOR. Thomas Ewing Mch. 8, 1849 Alex. H. H. Stewart. . .Sept. 12, 1850 Robert McClelland Mch. 7, 1853 Jacob Thompson Mch. 6, 1857 Caleb B. Smith Mch. 5, 1861 John P. Usher Jan. 8, 186-3 James Harlan May 15, 1865 Orville H. Browning.. . .July 27, 1866 Jacob D. Cox Mch. 5, 1869 Columbus Delano Nov. 1, 1870 Zachariah Chandler. .. .Oct. 19, 1875 Carl Schurz Mch. 12, 1877 Samuel J. Kirkwood. . ..Mch. 5, 1881 Henry M. Teller April 6, 1882 L. Q. C. Lamar Mch. 6, 1885 William P. Vilas Jan. 16, 1888 John W. Noble Mch. 5, 1889 Hoke Smith Mch. 6, 1893 David R. Francis Aug. 24, 1896 Cornelius N. Bliss Mch. 5, 1897 Ethan A. Hitchcock.. ..Dec. 21, 1898 Ethan A. Hitchcock. . . .Mch. 5, 1901 James R. Garfield Mch. 5, 1907 Richard A. Ballinger. . .Mch. 5, 1909 POSTMASTERS-GENERAL. Samuel Osgood Sept. 26, 1789 Timothy Pickering Aug. 12, 1791 Joseph Habersham Feb. 25, 1795 Gideon Granger Nov. 28, 1801' Return J. Meigs, Jr.. ..Mch. 17, 1814 John McLean June 26, 1823 William T. Barry Mch. 9, 1829 Amos Kendall May 1, 1835 John M. Niles May 25, 1840 Francis Granger Mch. 6, 1841 Charles A. Wickliffe. . . .Sept. 13, 1841 Cave Johnson Mch. 6, 1845 Jacob Collamer Mch. 8, 1849 Nathan K. Hall July 23, 1850 Samuel D. Hubbard. . . .Aug. 31, 1852 James Campbell Mch. 5, 1853 Aaron V. Brown Mch. 6, 1857 Joseph Holt Mch. 14, 1859 Horatio King Feb. 12, 1861 Montgomery Blair Mch. 5, 1861 William Dennison Sept. 24, 1864 Alexander W. Randall . .July 25, 1866 John A. J. Creswell. . . .Mch. 5, 1869 Marshall Jewell Aug. 24, 1874 James M. Tyner July 12, 1876 Name. Appointed. David McK. Key Mch. 12, 1877 Florace Maynard June 2, 1880 Thomas L. James Mch. 5, 1881 Timothy O. Howe Dec. 20, 1881 Walter Q. Gresham April 3, 1883 Frank Hatton Oct. 14, 1884 William F. Vilas Mch. 6, 1885 Don M. Dickinson Jan. 16, 1888 John Wanamaker Mch. 5, 1889 Wilson S. Bissell Mch. 6, 1893 William L. Wilson Feb. 28, 1895 James A. Gary Mch. 5, 1897 Charles E. Smith April 21, 1898 Henry C. Payne Jan. 8, 1902 Robert J. Wynne Oct. 10, 1904 George B. Cortelyou.. . .Mch. 6, 1905 George von L. Meyer. ..Mch. 4, 1907 Frank H. Hitchcock. . . .Mch. 5, 1909 ATTORNEYS-GENERAL. Edmund Randolph Sept. 26, 1789 William Bradford Jan. 27, 1794 Charles Lee Dec. 10, 1795 Theophilus Parsons. ... Feb. 20, 1801 Levi Lincoln Mch. 5, 1801 Robert Smith Mch. 3, 1805 John Breckinridge Aug. 7, 1805 Cffisar A. Rodney Jan. 28, 1807 William Pinkney Dec. 11, 1811 Richard Rush Feb. 10, 1814 William Wirt Nov. 13, 1817 John M. Berrien Mch. 9, 1829 Roger B. Taney July 20, 1831 Benjamin F. Butler. .. .Nov. 15, 1833 Fehx Grundy July 5, 1838 Henry D. Gilpin .Tan. 11, 1840 John J. Crittenden Mch. 5, 1841 Hugh S. Legare Sept. 13, 1841 John Nelson July 1, 1843 John Y. Mason Mch. 6, 1845 Nathan Clifford Oct. 17, 1846 Isaac Toucey June 21, 1848 Reverdy Johnson Mch. 8, 1849 John J. Crittenden July 22, 1850 Caleb Gushing Mch. 7, 1853 Jeremiah S. Black Mch. 6, 1857 Edwin M. Stanton Dec. 20, 1860 Edward Bates Mch. 5, 1861 Titian J. Coffey June 22, 1863 James Speed Dec. 2, 1864 Henry Stanbery July 23, 1866 William M. Evarts July 15, 1868 E. Rockwood Hoar Mch. 5, 1869 Amos T. Ackerman.. ..June 23, 1870 George H. Williams.. ..Dec. 14, 1871 Edwards Pierrepont. . . .April 26, 1875 Alphonso Taft May 22, 1876 Charles Devens Mch. 12, 1877 Wayne MacVeagh Mch. 5, 1881 Benjamin H. Brewster .. Dec. 19, 1881 Augustus H. Garland. ..Mch. 6, 1885 W. H. H. Miller Mch. 5, 1889 Richard Olney Mch. 6, 1893 Judson Harmon .June 7, 1895 Joseph McKenna Mch. 5, 1897 John W. Griggs Jan. 25. 1898 John W. Griggs Mch. 5, 1901 Philander C. Knox April 5, 1901 William H. Moodv Julv 1, 1904 William H. Moody Mch. 6, 1905 Charles J. Bonaparte. ..Dec. 17, 1906 Geo. W. Wickersham. ..Mch. 5, 1909 628 THE CONSTITUTION AND ITS FEAMEES SECKETAEIES OP AGEICULTUEE. Name. Appointed. Norman J. Colman Feb. 13, 1889 Jeremiah M. Rusk Mch. 4, 1889 J. Sterling Morton Mch. 6, 1893 James Wilson Mch. 5, 1897 James Wilson Mch. 5, 1901 James Wilson Mch. 5, 1905 James Wilson Mch. 5, 1909 SECEETAKIES OF COJIJIEECE AXD LABOE. Name. Appointed. George B. Cortelyou.. ..Feb. 18, 1903 Victor H. Metcalf .July 1, 1904 Victor H. Metcalf Mch. 6, 1905 Oscar S. Straus Dec. 17, 1906 Charles Nagel Mch. 5, 1909 Congrei 5S. Year. 1- 2 1789-92 2 1792 2- 3 1792-94 3 1794-95 3- 4 1795-96 4 1796-97 4- 5 1797 5 179- 5 1797-98 5 1798 5 1798-99 5 1799 6 1799-1800 6 1800 6 1800-01 6 1801 7 1801-02 7 1802-03 8 1803-04 8 1804-05 8 1805 9 1805-07 9-10 1807-08 10 1808-09 10-11 1809 11 1809-10 11 1810-11 11-12 1811-12 12-18 1812-13 13 1813-14 13-15 1814-18 15-16 1818-19 16-19 1820-26 19-20 1826-28 20-22 1828-32 22 1832 22-23 1832-34 23 1834-35 24 1835-36 24-26 1836-41 26-27 1841-42 27-29 1842-46 29-30 1846-49 PEESIDENTS OF THE UNITED STATES SENATE. Name. State from. Born. Died. John Langdon New Hampshire 1739 1819 Eichard Henry Lee. . . . Virginia 1732 1794 John Langdon New Hampshire 1739 1819 Ealph Izard Sonth Carolina 1742 1804 Henry Tazewell Virginia 1753 1799 Samuel Livermore New Hampshire 1732 1803 William Bingham Pennsylvania 1751 1804 William Bradford Ehode Island 1729 1808 Jacob Eead South Carolina 1752 1816 Theodore Sedgwick. . . . Massachusetts 1746 1813 John Laurence New York 1750 1810 James Eose Pennsylvania 1762 1847 Samuel Livermore New Hampshire 1732 1803 Uriah Tracy Connecticut 1755 1807 John E. Howard Maryland 1752 1827 James Hillhouse Connecticut 1754 1832 Abraham Baldwin Georgia 1754 1807 Stephen E. Bradley Vermont 1754 1830 John Brown Kentucky 1757 1837 Jesse Franklin North Carolina 1758 1823 Joseph Anderson Tennessee 1757 1837 Abraham Baldwin Georgia 1754 1807 Samuel Smith Maryland 1752 1839 Stephen E. Bradley. . Vermont 1754 1830 John Milledge Georgia 1757 1818 Andrew Gregg Pennsylvania 1755 1835 John Gaillard South Carolina 1765 1826 John Pope Kentucky 1770 1845 Wm. H. Crawford Georgia 1772 1834 Joseph B. Varnum. ... Massachusetts 1750 1821 John Gaillard South Carolina 1765 1826 James Barbour Virginia 1775 1842 John Gaillard South Carolina 1765 1826 Nathaniel Macon North Carolina 1757 1837 Samuel Smith Maryland 1752 1839 L. W. Tazewell Virginia 1774 1860 Hugh L. White Tennessee 1773 1840 George Poindexter. ... Mississippi 1779 1853 John Tyler Virginia 1790 1862 Wm. E. King Alabama 1786 1853 Samuel L. Southard. . . New Jersey 1787 1842 Willie P. Mangum North Carolina 1792 1861- David E. Atchison Missouri 1807 1886 Congress. Year. 31-32 1850-52 32 '^ 1852-54 33-34 1854-57 34 1857 35-36 1857-61 36-38 1861-64 38 1864-65 39 1866-67 40 1867-69 41-42 1869-73 43 1873-75 44-45 1875-79 46 1879-81 47 1881 48 1881-83 48 1883-85 49 1885-87 49-51 1887-91 52 1891-93 53 1893-95 54-60 1895 APPENDIX 629 Name. State from. Born. Died. Wm. R. King Alabama 1786 1853 David R. Atchison Missouri 1807 1886 Jesse D. Bright Indiana 1812 1875 James M. Mason Virginia 1798 1871 Benj. Fitzpatrick Alabama 1802 1869 Solomon Foot Vermont 1802 1866 Daniel Clark New Hampshire 1809 1891 LaFayette S. Foster. ..Connecticut 1806 1880 Benj. F. Wade Ohio 1800 1878 Henry B. Anthony Rhode Island 1815 1884 Matt. H. Carpenter Wisconsin 1824 1881 Thos. W. Ferry Michigan 1827 1896 Allen G. Thurman Ohio 1813 1895 Thomas F. Bayard Delaware 1828 1898 David Davis Illinois 1815 1886 Geo. F. Edmunds Vermont 1828 John Sherman Ohio 1823 1900 John J. Ingalls Kansas 1833 1900 Chas. F. Manderson . . . Nebraska 1837 .... Tsham G. Harris Tennessee 1818 1897 William P. Frye Maine 1831 SPEAKERS OF THE HOUSE OF REPRESENTATIVES. Fredk. A. Muhlenberg. Pennsylvania 1750 1801 Jonathan Trumbull. . ..(Connecticut 1740 1809 F. A. Muhlenberg Pennsylvania 1750 1801 Jonathan Dayton New Jersey 1760 1824 Theodore Sedgwick. .. .Massachusetts 1746 1813 Nathaniel Macon North Carolina 1757 1837 Joseph B. Varnum. . . .Massachusetts 1750 1821 Henry Clay Kentucky 1777 1852 Langdon Cheves South Carolina 1776 1857 Henry Clay Kentucky 1777 1852 John W. Taylor New York 1784 1854 Philip P. Barbour Virginia 1783 1841 Henry Clay Kentucky 1777 1852 John W. Taylor New York 1784 1854 Andrew Stevenson .... Virginia 1784 1857 John Bell Tennessee 1797 1869 James K. Polk Tennessee 1795 1849 R. M. T. Hunter Virginia 1809 1887 John White Kentucky 1805 1845 John W. Jones Virginia 1805 184S John W. Davis Indiana 1799 1850 Robert C. Winthrop... Massachusetts 1809 1894 Howell Cobb Georgia 1815 1868 Linn Boyd Kentucky 1800 1859 Nathaniel P. Banks. . . Massachusetts ...... 1816 1894 James L. Orr South Carolina 1822 1873 William Pennington. . . New Jersey 1796 1862 Galusha A. Grow Pennsylvania 1823 1907 Schuyler Colfax Indiana 1823 1885 1 1789-91 2 1791-93 3 1793-95 4- 5 1795-99 6 1799-1801 7- 9 1801-07 10-11 1807-11 11-13 1811-14 13 1814-15 14-16 1815-20 16 1820-21 17 1821-23 18 1823-25 19 1825-27 20-23 1827-34 23 1834-35 24-25 1835-39 26 1839-41 27 1841-43 28 1843-45 29 1845-47 30 1847-49 31 1849-51 32-33 1851-55 34 1855-57 35 1857-59 36 1859-61 37 1861-63 38-40 1863-69 630 THE CONSTITUTION AND ITS FKAMEES Congress. Tear. Name. State from. Born. Died. 41-43 1869-75 James G. Blaine Maine 1830 1893 44 1875-76 Michael C. Kerr Indiana 1827 1876 44-46 1876-81 Samuel J. Randall Pennsylvania 1828 1890 47 1881-83 John W. Keifer Ohio 1836 48-50 1883-89 John G. Carlisle Kentucky 1835 51 1889-91 Thomas B. Reed. Maine 1839 1902 52-53 1891-95 Charles F. Crisp Georgia 1845 1896 54-55 1895-99 Thomas B. Reed Maine 1839 1902 56-57 1899-1903 D. B. Henderson Iowa 1840 1896 58-60 1903 Joseph' G. Cannon Illinois 1836 .... APPENDIX 631 AMEEICA By Samuel Francis Smith Born in Boston, Massachusetts, October 21, 1808; died November 16, 1895. [This hymn was written while Mr. Smith was a student at Andover Theological Seminary in 1832 for a children's celebration of July 4th, in Park Siieet Church, Boston, and was first sung there.] My country, 'tis of thee, Sweet land of liberty. Of thee I sing; Land where my fathers died! Land of the Pilgrims' pride! From every mountain side, Let freedom ring. My native country, thee. Land of the noble free. Thy name I love; I love thy rocks and rills. Thy woods and templed hills; My heart with rapture thrills, Like that above. Let music swell the breeze. And ring from all the trees Sweet freedom 's song ; Let mortal tongues awake, Let all that breathe partake. Let rocks their silence break, The sound prolong. Our father's God, to Thee, Author of liberty, To Thee we sing; Long may our land be bright With freedom's holy light; Protect us by Thy might, Great God, our King! 632 THE CONSTITUTION AND ITS FEAMEES THE STAE SPANGLED BANNEE By Fkancis Scott Key Born in Frederick Co., Md., 1779 ; died in Baltimore, D. C, 1843. [Written after the liombardment of Port McHenry, 1814. Text slightly re- vised by comparison with the fac-simile of a copy made by the Author in 1840.] O ! say, can you see, by the dawn 's early light. What so proudly we hail'd at the twilight's last gleaming — Whose broad stripes and bright stars, through the clouds of the fight O'er the ramparts we watched were so gallantly streaming! And the rockets ' red glare, the bombs bursting in air, Gave proof through the night that our flag was still there; Choeus O! say, does that Star-Spangled Banner yet wave O'er the Land of the Free, and the Home of the Brave? On that shore dimly seen through the mists of the deep, Where the foe's haughty host in dread silence reposes. What is that which the breeze, o'er the towering steep. As it fitfully blows now conceals, now discloses? Now it catches the gleam of the morning 's first beam. In full glory reflected now shines on the stream; 'Tis the Star-Spangled Banner; O! long may it wave O'er the Land of the Free, and the Home of the Brave! And where is that band who so vauntingly swore That the havoc of war and the battle's confusion A home and a country should leave us no more? Their blood has wash 'd out their foul footsteps ' pollution. No refuge could save the hireling and slave From the terror of flight, or the gloom of the grave; And the Star-Spangled Banner in triumph doth wave O'er the Land of the Free, and the Home of the Brave. O! thus be it ever, when freeman shall stand Between their lov'd homes and the war's desolation! Blest with victory and peace, may the heav 'n-rescued land Praise the Power that hath made and preserved us a nation. Then conquer we must, when our cause it is just. And this be our motto — ' ' In God Is Our Trust : ' ' And the Star-Spangled Banner in triumph shall wave O'er the Land of the Free, and the Home of the Brave! INDEX Adams, John, account of, writing of Declaration of Independence, 171- 72. biographical sketch of, 77. on the Confederation and Continen- tal Congress, L'2-1. on independence not desired, 82. on Oliver Ellsworth, 206. on Roger Sherman, 277-78. tribute to Samuel ,\dams, 71. tribute to Elbridge Gerry, 256, 258. Adams, Samuel, biographicar sketch of, 04. member of Committee on Articles of Confederation, 208. Adjournment of Congress, limitations on, 491. by the President, 528. Admission of new states, manner of, 535-6. of states into the Union, 625. Albany Convention. 28. Alexandria Convention, call for, 229. resolution of. for Constitutional Con- vention. 231. Ambassadors and Ministers, appoint- ment of, 525. received by the President, 526. Amendments to the Constitution, dis- cussion of, 539-49. how made, 537-8. Andros, Sir Edmund, tyranny of, 8. Annapolis Convention, purpose called for, 230. resolution of, 231. Anthems, National, 631-32. Appointments by the President, 535-6. Apportionment of Representatives in Congress, 48S-4. of taxes, 483-4 ; 504. Approval of Acts of Congress by the President, 493-4. Area of States, 618-23. Arms, right of the people to bear, 541-2. to bear concealed, prohibited, 542. Army, limitation of appropriations for, 499. Arrest of Members of Congress, pro hibition of, 492. Articles of Confederation, Appendix, 570-77. no recognition of people by, 208-9. weakness benefits, lessons of, 209-12. when adopted. 208-9. when proposed, 208. Attainder, bill of, 503-4. prohibited by the general govern- ment, 503. prohibited by states, 506. Attorney General, 529, 551, 554. Bail, shall not be excessive, 545. Baldwin, Abraham, biographical sketch of, 405. member of Committee on Articles of Confederation, 208. Bancroft, George, tribute to Samuel Adams, 71. tribute to John Dickinson, 383. tribute to Roger Sherman, 277. on George Mason, 408. Barlow, Joel, tribute to Abraham Bald- win, 408. Bassett, Richard, biographical sketch of, 374. ,Bartlett, Josiah, biographical sketch of, 56. member of Committee on Articles of Confederation, 208. Bayard, James A. and Thomas F, 375. Bedford, Gunning, Jr., biographical sketch of, 376. outburst of, in the Convention, 241, 376. Bernstorf, Count, tribute to Benjamin Franklin, 335. Berkeley, Governor, arbitrary execution of Mr. Drummond by, 5. denunciation of education by, 5. king's censure of, 5. tyranny of, 5. Bill of Attainder, prohibition of, 503-4. Bill of Rights, 539-40. of Virginia, drawn by George Mason, 410-11. opposition to Constitution on ac- count of absence of, 409, 539. Bills for support of war, limitations on, 499. Bills for raising revenue, 493. Bills and laws, approval and passage of, 493-4. passing of, over President's veto, 494. Binney, Horace, on Jared Ingersoll, .340, Biographical sketches of signers of the Declaration of Independence, 48- 207. of framers of the Constitution, 249- 476. Blair, John, biographical sketch of, 396. Botta, Italian Historian, on Robert Morris, 359. Blount, William, Biographical sketch of, 436. navigation of Mississippi, relation to, 400. 633 634 INDEX Boudinot, Elias, President of Continen- tal Congress, 42. Braxton, Carter, biograptileal sketch of, 187. Brayton, Judge, on the Declaration of ' Independence, 50. Brearley, David, biographical sketch of, 304. Broom, Jacob, biographical sketch of, 378. Brown University established, 25. Burgesses, House of, 4. Burke, Edmund, on Culture in Amer- ica, 26. on trial by jury, 488. Burr, Aaron, vote for President, 511. on Oliver Ellsworth, 267. Butler, Pierce, biographical sketch of, 445. remarks of, as to the people, 240. Cabinet, President's, members and du- ties of, 550-56. established by Washington, 550. members of, 1789 to 1909, 626-627. Calhoun, John C. — on Oliver Ellsworth, 265, 279. on Roger Sherman, 279. Canada, alienation of, from the Colo- nies, 14. Capitals of States, 618-23. Capitation tax, 504. Carolina, North, early government of, 10. voted against ratification of the Constitution, 246. Carolina, South, early settlement and government of, 10. Carpenters' Hall, 235. Carrington, Edward, efforts for the Constitution, 244. Carroll, Charles, biographical sketch of, 159. Carroll, Daniel, biographical sketch of, 391. Caucus, origin of name, 65. Causes of the Revolution, 33. Changes in the Constitution by Com- mittee on Style and Arrange- ment, 237-39. Charles II, denunciation of Governor Berkeley by, 5. Charter Colonies, 17. Charters as Constitutions, 3, 8, 17. Charter of Cornecticut, 7. Charter of Massachusetts Bay Colony, Charter of Rhode Island, 7, 8. Charter of Virginia, 4. Charter Oak, 8. Chase, Chief Justice, on mdestructi- bility of Union and States, 475. Chase, Samuel, biographical sketch of, 157. Chatham, Lord — ^„„„„ on the Continental Congress, 166-67. on Benjamin Franklin, 332. Chauncey. Charles — on Charles Cotesworth Pinckney, 458. Churches in the Colonies, 35-41. Citizens, who may be, 546-47-57-8. privileges and immunities of, 535. Citizenship does not confer right to vote, 548. National Government regulates, 546. Clark, Abraham, biographical sketch of, 130. Clinton, George, Governor, opposition to Constitution, 246. Clymer, George, biographical sketch of, 319. Coal, discovery of, in America, 13. Coining money, 497-98, 506. Colleges, dates of establishment in the Colonies, 23-25. Colonial Government, 3. Colonial wars, educational value of, 15-16. estranging Canada, uniting the Col- onies, 14. long period of, 13. Colonies, customs, laws, etc., 18-19. Columbia College established, 25. Commander-in-Chief, President is, 525- 26. Commerce in the Colonies, 20, 33, 35. in the states, 220-223. Inter-state, 496, 557. Regulation of, 496. Committee for Articles of Confedera- tion, 208. Committee to prepare Declaration of Independence, 45. of Detail of Constitutional Conven- tion, 236. of Style and Arrangement, 237, 476-80. Compact of the Pilgrims, 6. . Compensation of Judges, 528-29. of Members of Congress, 491-92. of President, 524-25. Conclusion, general summary, 566-76. Congress, Continental, Presidents of, 41-2. decadence of, influence of, 212. first, members of, 40-1. resolution of, calling Constitutional convention, 232. resolution of, submitting the. Con- stitution to the States, 244. vote in, by states, 42. Congress, Stamp Act, 29. United States, what it consists of, 482. adjournment of, 491, 528. each house of has sole power to discipline its members, 490. each house of, sole judge of elec- tions, returns and qualifications of its members, 490. powers of, 494-502. privileges of members of, 491-92. qualification of members of, 483-87. when to assemble, 489-90. Confederation, the, 208-13. Confederation, Articles of, Appendix, 570-77. beneficial lessons of, 213. committee to frame, 208. discussion of weakness of, 209-13. when adopted, 208-9. when proposed, 208. Connecticut, Bible as law in, 24. Charter of, 7. INDEX 635 Constitution, the, Appendix, 587-96. not the result of impulse, but evolu- tion, 30. amendments of 599-602. battle for, 222-49. changes in by Committee on Style and Arrangement, 237-39. comments of James Anthony Fronde on, 474-75. comments of Gladstone on, 474. first written in America, 7. framers of, 249-475. preamble to, discussion of, 476-82. amendments, provision for, 539. discussion of, 476-550. Hamilton's plan, 300-01. Paterson's plan, 318-19. Pincliney's plan, 451-56. plans for, submitted to the Conven- tion. 235-6. Randolph's plan, 424-26. ratification of, by states, 244-48, 625. resolution of Congress submitting to states, 244. Sherman's notes on plan, 281-82. Constitutional Convention, call of An- napolis Convention for, 231. call of Congress for, 232. procesdings of, 233-44. Constitutional Law, definition of, 1. discussion of nature of, 1-2. Contracts, obligation of, can not be impaired, 506-7. corporate charters are, 506. Consuls, appointment of, .525-6. Cooke, John Esten, on George Mason, 414. Cooley, Thomas M., on Federalists in 1803, 562. Copyrights, how granted, duration of, 498. Counterfeiting Money, penalty for, 498. Council, Governors", by whom ap- pointed, 17. Courts of the United States, 528-29. Crimes, trial for, where must be held, 532. protection of citizens in trial for, 488, 532, 34,. 35, 42-5. Critical Period of American history, 223-24. Curtis, George Ticknor, on U. S. from 1783 to 1789, 228. Dale, Governor, 5. Dane, Nathan, opposition to the Con- stituUon, 232, 44. Dartmouth College, establishment of, 25. Davie, William R., biographical sketch of, 438. Dayton, .Jonathan, biographical sketch of, 305. Debts of the United States, 538. in aid of Rebellion, validity of, 548. Declaration of Independence, Appen- dix, 566-69. narrowness of vote for, 45. opposition to, 42, 44. 45, 48, 70, 82, 110, 116, 119, 138-9, 142, 144, 157-8-9, 162, 184, 187, 269, 320, 333, 344, 863, 380-1-2, 419, 461-2. signers of, biographical sketches, 48-207. Delaware, address of Assembly of to the King, 143. Delaware, Lord, powers of, as Gover- nor, 5. Dickinson, John, biographical sketch of, 378. Chairman Committee on Articles of Confederation, 208. on Government, 239. Direct taxes, how laid, 483-4, 504. Disabilities of Members of Congress, 491-3. Due process of law, definition of, 543-4. Dutch patroons, 5. Duties, what are, and how impos-jd, 495. Education in the Colonies, 21-6. Efforts for union, 27-32. Election of President, discussion of, 509-10, 519-22. manner of, 512-19. of oflicers of House and Senate, 485-87. of Representatives, 482-5. of Senators, 486. Electoral College, what is, 509-12. Electoral Commission of 1876, 520-21. Electoral vote, how cast and counted, 513-19. Electors, Presidential, how chosen, 509. discussion of method of choosing, 519-22. powers of, 521. Ellery, William, biographical sketch of, 97. Ellsworth, Oliver, biographical sketch of, 264. comments of, on the people, 240. on Roger Sherman, 278. England and France, conflicting claims of, 13. treaty of peace between, 14. English people, friendship of, 32. Enter, and clear, meaning of, 505. not required in inter-state commerce, 504-5. Excises, what are, and how laid, 495. Executive Department, 508. Executive Departments, dates of es- tablishment of, 551. heads of and duties of, 651-54. members of, 1789-1909, 626-27. opinions of oflicers of, 525. Exports, no duties can be imposed upon, 504. Ex Post Facto Law, what is, prohibi- tion of, 503-4. Federalist, extract from, on Constitu- tional law, 2. on election of President, 510. Few, William, biographical sketch of, 469. Field, Justice Stephen J., on Oliver Ellsworth, 266. Fines, excessive, prohibited, 545. First Constitution written in America, 7. 636 INDEX First Continental Congress, 40. First efiEort lor union, 27. First Legislature in America, 4. First newspaper, 25. First publication, 24. First Resolution of the Constitutional Convention, 236. of the Committee of Detail, 236. Fiske, .John, on Abraham Baldwin, 467. critical period of American history, 223-4. on the Albany plan for union, 28-9. Fitzsimmons, Thomas, biographical sketch of, 325. Floyd, William, biographical sketch of, 105. Flowers of States, 618-23. Framers of the Constitution, bio- graphical sketches of, 249-476. Franklin, Benjamin, biographical sketch of, 326. at the close of the Convention, 243-4. comments on Independence, 42. on Independence prior to 1776, 59. on opening the Convention with prayer, 338-9. on signing the Constitution, 241-3. joke with coin, 195. plan of union at Albany convention, 28. on signing the Declaration of Inde- pendence, 43. Freedom of press, religion and speech, 540-41. Free schools established, 24. French and Indian Wars, benefits and influence of, 15, 16. French Colonists, explorations of, 13. hostility of, to other colonies, 14. Fronde, James Anthony, comments on the Constitution, 474-5. Fugitives from Justice, extradition of, 535. Gage. Governor, proclamation as to Samuel Adams and John Hancock, 69. Georgia, early government and settle- ment of, 11. ratified constitution unanimously, 246. 472. Gerry, Elbridge, biographical sketch of, 254. comments of on the people, 239. opposes ratification of Constitution by Massachusetts, 245. Gilman, Nicholas, biographical sketch of, 252. Gladstone, William E., on the Consti- tution, 474. Gold and silver, legal tender, 501, 506. Gorham, Nathaniel, biographical sketch of, 261. President of Continental Congress, 42. Government, Colonial, 3-12. Federal, of delegated powers, 546. State, of reserved powers, 546. Governors of Colonies, how appointed, powers of, 411. arbitrary rule of, 8-9, 11. Grand Model of Locke and Shaftes- bury, 10. Greenbacks, legal tender, 501-02. Greene, Gen. Nathaniel, gift to by Elizabeth Steele, 214. on John Rutledge, 463. Griffin, Cyrus, President of Continen- tal Congress, 42. Gwinnett, Button, biographical sketch of, 202. member of Committee on Articles of Confederation, 208. Habeas Corpus, writ of, 503. Hall, Lyman, biographical sketch of, 203. Hamilton, Alexander, biographical sketch of, 289. efforts for the Constitution, 224. letter to John Jay on Presidential Electors, 521. on Government, 240. on the Louisiana purchase, 563. on the people, 245. on the plan submitted to the Con- vention, 236. work at the Annapolis Convention, 231. Hancock, John, biographical sketch of, 50. Hancock, John, President of the Conti- nental Congress, 42. as to ratification of the Constitution, 245. Hanson, John, President of Continen- tal Congress, 42. Harrison, Benjamin, biographical sketch of, 181. Hart, John, biographical sketch of, 130. Harvard College established, 24. Henry, Patrick, on the Preamble of The Constitution, 477. on John Rutledge, 460. on Roger Sherman and George Ma- son, 278. on Washington, 220. opposes ratification of the Constitu- tion, 245. refuses to attend the Convention, 249. Hewes, Joseph, biographical sketch of, 189. member of Committee on Articles of Confederation, 208. Heyward, Thomas, Jr., biographical sketch of, 196. High seas, crimes and felonies on, 499. Hildreth, Richard, on the authority and powers of the Constitutional Convention, 233. on .John Dickinson, 381. Hooper, William, biographical sketch of, 188. tribute to Washington, 431-32. Hopkins, Stephen, biographical sketch of, 92. member of Committee on Articles of Confederation, 208. Hopkinson, Francis, biographical sketch of, 128. member of Committee on Articles of Confederation, 208. INDEX 637 House of Representatives, 482-85. chooses its speaker and other offi- cers, 485. has sole power of impeachment, 485. of whom composed, 482-83. qualifications of electors for mem- bers of, 482. qualifications of members of, 482, who are eligible to, 482. Speakers of, 1789 to 1909, 629-30. Houstoun, William, biographical sketch of, 471. Houston, William Churchill, biograph- ical sketch of, 313. Huguenots, 26. Huntington, Samuel, biographical sketch of, 99. President of Continental Congress, 42. Hutchinson, Mrs. Anne, 23. Immunities of Citizens, 534-35. Impeachment, definition of, 485-86. judgment in case of, 488-89. House sole power to impeach, 485. no bar to prosecution for indictable offense, 489. of President and civil oflScers, 528. Senate sole tribunal for trial in case of, 488. who are liable to, 485-86. procedure in, 485-86, 88. Implied powers, conferred on Congress, 501-02. Imposts, how laid, 495. Independence, Declaration of. Appen- dix, 566. account of the writing of, 171-72. committee to prepare Declaration of, 45. not at first desired. See citations under Declaration of Independ- ence, passed by one vote, 45, 137. Indians, not taxed, not counted in rep- resentation, 483-84. wards of the Nation, 497. Indictment, 543. Ingersoll, Jared, biographical sketch of, 340. Inspection laws, 507. states can impose duties to sustain, 507. Inter-state commerce, 496-97. Jay, John, motto of as to the people, 239. President of the Continental Con- gress, 42. on independence prior to 1776, 42-43. efforts for the Constitution, 246. indorsement on Hamilton's letter, 521-22. Jefferson, Thomas, biographical sketch of, 169. on independence prior to 1776, 43. on slavery, 173, 484. on Alexander Hamilton, 298, 479. on John Adams, 82. on Roger Sherman, 278. on Benjamin Franklin, 336. on John Dickinson, 388. on George Wythe, 435-36. letter concerning the framing of the Constitution, 448. Jenifer, Daniel of St. Thomas, bio- graphical sketch of, 392. Johnson, Richard Malcolm, tribute to Abraham Baldwin, 468. Johnson, William Samuel, biographical sketch of, 268. on nature of the Constitution, 477- 78. member of the Committee on Style and Arrangement, 237-476-80. Journal of each House, 491. 01 the Constitutional Convention, 235. of the Continental Congress, last entry in, 211. Judges of the State Courts, how bound by the Constitution, 538. Judges of the United States Courts, how appointed, terms of, 525-26- 28. Judgments in impeachments, 488-89. in treason, 533. Judicial Department, 528. Judicial power, 530-31. Jurisdiction, original, what is, 532. of U. S. Courts, 530-32. Jury, trial by, importance and pres- ervation of, 488, 532, 543-5. Kennison, Father, last survivor of "Boston Tea Party," 71-72. Kent, Chancellor, on General Schuyler, 299. King, Rufus, biographical sketch of, 261. King, Rufus, member of Committee on Style and Arrangement, 237, 476- 80. opposes Constitutional Convention, 232. favors ratification of Constitution, 244. King's College, established, 25. La Fayette, on the American soldier, 215. relief of by Gouverneur Morris, 348. Lands, claims for under different grants, 531. public disposal of, 536. Langdon, John, biographical sketch of, 253. Lansing, John, biographical sketch of, 301. Laurens, Henry, President Continental Congress, 42. Laws, how passed by Congress, 493-94. approval by President, 493-94. how passed over Presidents' voto, 493-94. to raise revenue, where to originate, 493. Lee, Francis Lightfoot, biographical sketch of, 186. Lee, "Light Horse Harry," efforts for the Constitution, 244. Lee, Richard Henry, biographical sketch of, 164. opposes the Constitution, 244-45. proposes the Declaration of Inde- pendence, 45. President of the Continental Con- gress, 42. 638 INDEX Legislation, long experience of the Col- onies in, 3. Congress has exclusive, over seat of Government, 500-01. Legislative department, pov^ers of, 482-501. Legislative powers, where and how vested, 482. Legislatures established in Virginia, 4. Connecticut, 7. Delaware, 9. Georgia, 11. Maryland, 10. Massachusetts, 6, 7. New Hampshire, 7. New Jersey, 9. New York, 5. North and South Carolina, 11. Pennsylvania, 10. Rhode Island, 8. Lewis, Francis, biographical sketch of, 111. Lincoln, Abraham, on the Union, 43. Livingston, Philip, biographical sketch of, 108. Livingston, Robert R., member of Com- mittee on Articles of Confedera- tion, 208. Livingston, William, biographical sketch of, 314. Locke, John, efforts to unite Colonies, 27. grand model of Constitution by, 10. London Company, 6. Louisiana Purchase, 563. Lynch, Thomas, Jr., biographical sketch of, 198. Macon, Nathaniel, on Roger Sherman, 278. Mackintosh, Sir James, on the Consti- tution, 561. Madison, James, biographical sketch of, 397. on the Pramers of the Constitution, 472-73. on independence prior to 1776, 43. on oppressions by the majority, 240. notes of on the Convention, 235. on closing of the Convention, 243-44. support of Constitution in Conti- nental Congress, 244. Madison, Mrs. Dolly, saves portrait of Washington and original Declara- tion of Independence, 405. Magna Charta, 539. Maine, Sir Henry, on decadence of Democracy, 225. Maine, State of, denied admission to United Colonies of New England, 27. Manufacturing in the Colonies prohib- ited, 34. Marque and Reprisal, letters of, 499. states prohibited from issuing, 506. Marshall, John, on period from 1783 to 1789, 224. efforts for the Constitution, 245. interpretation of the Constitution, 475. on opponents of the Constitution, 244. Martin, Alexander, biographical sketch of, 440. Martin, Luther, biographical sketch of, 392. Maryland, settlement and government of, 9-10. Mason, George, biographical sketch of, 406. Bill of Rights drawn by, 410-11. on danger of our government, 417. on slavery, 415. tributes to by Theodoric Bland, Hugh Blair Grigsby, Henry Lee, William C. Rives, 413-14. Massachusetts, settlement and govern- ment of, 6-7. McClurg, James, biographical sketch of, 418. McHenry, James, biographical sketch of, 393. McKean, Thomas, biographical sketch of, 146. President of Continental Congress, 42. Mercer, John Francis, biographical sketch of, 395. Mercer, Margaret, philanthropy of, 396. Meeting of Congress, 489-90. Message of the President, 527-28. Middleton, Arthur, biographical sketch of, 200. Middleton, Henry, President Conti- nental Congress, 42. Mifflin, Thomas, biographical sketch of, 341. address on Washington resigning as Commander-in-Chief, 219-20. President of the Continental Con- gress, 42. "Millions for defence, not one cent for tribute," 458. Militia, to be maintained by the States, 541-42. how organized, armed and dis- ciplined, 500. Money, borrowing of, by the U. S., 495. coining of, 497-98. counterfeiting of, 498. how drawn from the Treasury, 505. account of expenditure of, must be published, 505. Morris, Gouverneur, biographical sketch of, 343. , member of Committee on Style and Arrangement, 237, 476-80. on a life Senate, 240. Morris, Lewis, biographical sketch of, 112. Morris, Robert, biographical sketch of, 351. to James Wilson, 362. Morton, John, biographical sketch of, 137. vote decides Declaration of Inde- pendence, 45. Mottos of States, 618-23. National Bank notes, not legal tender, 501-02. Naturalization, regulated by National Government, 497. Navy, appropriation for, 500. Nelson, Thomas, Jr., biographical sketch of, 183. INDEX 639 member of Committee on Articles of Coufederatiou, 208. New Hampshire, government of, 7. first newspaper in, 25. first legislature in, 7. New Jersey, first settlers of, 9. public schools in, 25. by whom named, 9. refusal to pay quota of debt of the Revolution, 227. New York, by whom settled, 5. legislatures in, 5-6. refusal to amend Articles of Con- federation, 227. battle for the Constitution in, 246. New States, how admitted, 535-36. Nicknames of States, 218-23. Nobility, titles of prohibited, 505. North Carolina, government of, 10. Northwest Territory, 229. Oath, of the President, 525. of other oflScers of the United States, 538-39. of officers of the states, 538-39. Obligation of Contracts, can not be impaired, 506-07. Oglethorpe, James, 11. Officers of House and Senate, how chosen, 485, 487-88. Offices, holding of, by members of Congress prqhibited, 492-93. Origin of names of States, 618-23. Paca, William, biographical sketch of, 157. Paine, Robert Treat, biographical sketch of, 90. Paine, Thomas, efforts for the Consti- tution, 225. Pardons, granting of, 525-26. Patents and copyrights, 498. Paterson, William, biographical sketch of, .315. plan for Constitution in Convention, 318-19. Patroons, 5. Pcnn Charter School, 25. Penn, John, biographical sketch of, 192. Penn, William, liberal government of, 10. proposal for Congress of the Colo- nies, 28. Pennsylvania, University of, 25. government of, 10. People, the, consideration for in the Constitution, 542-46. early distrust, of, 239-40. growth of power of, 240-41, 480-81. privileges and immunities of, 534- 35. rights of, 542-46. security against arrest and search of, 542-43, Personal liberty, 542-43. Personal security, 542-46. Pierce, William, biographical sketch of, 472. Pilgrims, compact of government by, 6. Pinckney, Charles, biographical sketch of, 445. plan of Constitution submitted by, 451-56. Pinckney, Charles Cotsworth, bio- graphical sketch of, 457. tribute of Theodore Roosevelt to, 458. Piracies and felonies on the high seas, 499. Pitt, William, on the oppressions of the Colonies, 34. Plans for the Constitution : Hamilton's, 360-61. Patersons, 318-19. Pinckney's, 451-56. Randolph's, 424-26. Sherman's notes for, 281-82. Population of States in 1900, 618-23. Postmaster General, department and duties of, 553-54. Post offices and post roads, 498. Powers of Congress, those expressly granted, 494-502. those expressly denied, 502-08. Powers of the President, 525-27. Powers reserved to the states, 546. denied to the states, 506-08. Powers reserved to the people, 546. Preamble of the Constitution, discus- sion of, 476-82. President, the, appointments by, 525- 26. Cabinet established by Washington, 550. members of 1789 to 1909, 626-28. discussion of method of election of, 509-22. duties of, 527-28. election of, how conducted, 509-19. electors of, how chosen, 509. election of 1873, vote of electors, 520. powers of, 525-28. qualiflcalions of, 522-23. tenth election of, contest in, 520. third election of, contest in, 511. succession, how provided for, 524. Presidents, dates of birth, marriage, election, etc., 615-17. of the Continental Congress, 41-2. Presidents of Senate from 1789 to 1909. 628-629. President's cabinet, establishment, du- ties, etc., 550-51. members of cabinet from 1789 to 1909, 626-28. Princeton College, established, 25. Privileges and immunities of citizens, 534-35. Privileges of ^lembers of Congress, 491-92. Property qualifications of officers in the Colonies, 11. of voters therein, 11. Property, private, how taken for pub- lic use, 543-44. if injured in riot owner can recover for, 544. Proprietary Colonies, 17. Provincial or Royal Colonies, system of government in, 17. Public debts of the United States, 547. Public lands in the United States, 553. Punishments, cruel and unusual, pro- hibited, 545. 640 INDEX Puritans, democratic government of, 6-7. ministers, powers of, 23. intolerance and excellences of, 23-24. Quakers, oppressions of, 11, 12, 23. Qualifications, of President and Vice- President, 522-23. of Representatives, 483. of Senators, 487. of voters, regulated by the states, 546-48. Quartering of soldiers in private houses prohibited, 542. Quincy, Josiah, on Samuel Adams, 71. Quorum, what constitutes in each House of Congress, 490. Ramsay, Dr., tribute to John Rutledge, 465. Randolph, Edmund, biographical sketch of, 419. on Democracy, 239. part in the Constitutional Conven- tion, 235. plan for Constitution submitted by, 424-26. word, "slavery," stricken from Con- stitution on motion of, 421. Randolph, Peyton, President of the Continental Congress, 41. Ratification of the Constitution, pro- vision in for, 539. by original 13 states, 244-48, 625. Read, George, biographical sketch of, 389. Rebellion, debts in aid of invalid, 547- 48. Religion and education in the Colo- nies, 21. Religion and free speech, guarantee of, 541-42. Religious test for office prohibited, 538-39. Representatives,' apportionment of, 483-84, 547. each state must have one, 483-84. electors of. qualifications for, 482-83. House of, chooses ofiicers, 485. need not be residents of districts elected for, 483. privileges of, 491-92. qualifications of, 483. sole power of impeachment, 485. vacancies of, how filled, 484-85. Reprieves, by whom granted, 525-26. Republican government, guaranteed each state, 536-37. Requisitions for fugitives from justice, 535. Resolutions of Convention submitting Constitution to Congress, 597-98. Resolutions of Congress of receipt of same, 245, 599. Retroactive legislation allowed in civil affairs, 504. Revenue, where bills for must origi- nate, 493. Revere, Paul, work for the Constitu- tion, 245-46. Review, historical, of government in the Colonies and States, 36. Revolution, the, 214. Revolution, causes of, 33. Rhode Island, Charter of, government of, 7-8. no part in the Convention, 234. denied admission to United Colonies of New England, 27. Rights of citizens, to bear arms, 541- 42. of speedy trial, and by jury, 544-45. Rights of the citizen, to have counsel in trials for crime, 544-45. as to search of, 542-43. as to sufi'rage, 546-48. Rights of the people, 545. Rights of the states, 546. Robinson, Speaker of Virginia As- sembly, to Washington, 429. Rodney, Caesar, biographical sketch of, 142. Roosevelt, Theodore, on Gouverneur Morris, 350. on Charles Cotesworth Pinckney, 458. Ross, George, biographical sketch of, 141. Royal Colonies, 17. Ruggles, Timothy, 29. Rush, Benjamin, biographical sketch of, 133. on Francis Hopkinson, 129. Rutgers College founded, 25. Rutledge, Edward, biographical sketch of, 194. member of Committee on Articles of Confederation, 208. Rutledge, John, biographical sketch of, 459. Salzburgers, settlement of, 25. Sanderson, comments on Samuel Adams, 74-76. Charles Carroll, 160. Abraham Clark, 131, 132. George Clymer, 322-24. William Floyd, 107-08. John Hancock, 55. Joseph Hewes, 192. Stephen Hopkins, 96-97. Thomas Jefferson, 179-80, Thomas McKean, 153. Robert Morris, 358. Thomas Nelson, Jr., 186. John Penn, 193-94. Caesar Rodney, 145. Roger Sherman, 283-85. George Walton, 207. James Wilson, 366-67. John Witherspoon, 121-22. Schools, in the several Colonies, 21-26. Schuyler, Gen. Philip, 299. Schools, free, foundation of, 24. Secretary of State, department and duties of, 551-52. Secretaries of State, 1789 to 1909, 615. Secretary of the Treasury, department and duties of, 552. Secretary of War, department and du- ties of, 552-53. Secretary of the Navy, department and duties of, 553. Secretary of the Interior, department and duties of, 553. Secretary of Agriculture, department and duties of, 554. INDEX 641 Secretary of Commerce, department and duties of, 554. Secretaries, 1789-1909, 626-28. Senate, composed of, 48t3. can not originate bills to raise reve- nue, 493. chooses own officers, 487-88. qualitications of members of, 487. tries all impeachments, 488. Presidents of, 1789 to 1909, 628-29. Senators, classification of, 486-7. terms of, 486. Shay's rebellion, 227. Sherman, Roger, biographical ' sketch of, 271. member of Committee on Articles of Confederation, 208. Signers of the Constitution, 596-97. of the Articles of Confederation, 577-78. Signers of the Declaration of Inde- pendence, 569-70. Biographical sketches of, 48-207. Silver, legal tender, 501, 506. Slavery prohibited, 546. standing concerning by Abraham Baldwin. 468. John Dickinson, 385. Oliver Ellsworth, 265. Benjamin Franklin, 339. Thomas Jefferson, 173, 484. Rufus King, 262. Richard Henry Lee, 165. William Livingston, 315. George Mason, 415. Edmund Randolph, 421. George Wythe, 435. Smith, James, biographical sketch of, 138 Soldiers, quartering of, prohibited, 542. South Carolina, settlement of, govern- ment in, 10. Sovereignty of states, 534, 535-37. Spaight, Richard Dobbs, biographical sketch of, 441. Speaker of House of Representatives, 485. sole power to appoint committees, 490-91. from 1789 to 1909, 629-630. Stamp Act Congress, 29. States' rights, natural growth of idea of, 19, 29, 31, 36, 222-23. States, areas of, 618-23. Capitals of, 618-23. Flowers of, 618-23. Mottos of, 618-23. Names, origin of, 618-23. Nicknames of, 618-23. Population, 1900, 618-23. Settled, when and by whom, 618-23. Admission into the Union, 625. Ratilioation of the Constitution by, 244-48, 625. rights of, 546. powers denied to, 506-08. powers reserved to, 546. new, how admitted, 535-36. Republican government guaranteed in, 536-37. records, how proved and effect of, 534. St. Clair, Arthur, President of the Con- tinental Congress, 42. Steele, Elizabeth, aid to General Greene, 214. Stockton, Richard, biographical sketch of, 113. Stone, Thomas, biographical sketch of, 158. Stone, Thomas, member of Committee on Articles of Confederation, 208. Story, Justice Joseph, on repudiation, 1783 to 1789, 227. Strong, Caleb, biographical sketch of, 263. Stuyvesant, Governor Peter, 5. Suffrage, right of, 497, 548-49. Summary of Colonial Government, 17- 20. Supreme Court, Judges of, how ap- pointed, 525. jurisdiction of, 530-32. Chief Justice of, 615. Supreme Laws, defined, 538. Swedes, settlement by, 9. Swiss, settlements by, 25. Taylor, George, biographical sketch of, 140. Taylor, Gen. Richard, on George Ma- son, 414. Taxes, direct, how laid, 483-84. not allowed on exports, 504. Tender, Legal, what is, 501, 506. Thanksgiving, origin of, 23. Thayer, Dr., on Josiah Bartlett, 58. Thornton, Matthew, biographical sketch of, 62. Titles of nobility prohibited, 505. Tonnage, what is, 507. Treason, what is, 533. as to confessions of, 533. witnesses to convict for, and pun- ishment of, 533. Treaty of Peace between France and i^ngland, 14. between Great Britain and the U. S., 46. Treaties of the United States, part of the supreme law of the land, 538. Trials for Crimes, where must be had, 532. must be speedy and by jury, 544. in cases of impeachment, 488-89. Union, efforts for, 27-32. first of the Colonies, 27-32. United Colonies of New England, 27. United States, date of official name, 208. National character of, 470, 482, 492, 538. University of Pennsylvania, 25. Vacancies, of Presidents' office, how filled, 524. of Senator's, how filled, 486-87. of Representative's, how filled, 484- 85. Vane, Governor, 23. Vattel, on Constitution, 2. Veto, how made and overcome, 493-94, Vice-President, how elected, 512. President of the Senate, 487. from 1789 to 1909, 615. when entitled to vote, 487. 642 INDEX qualifications of, 522-23. Vice-Presidents of the United States, 615. Virginia, how settled and governed, 4, 22. delegates to Constitutional Conven- tion, 232. education in, 22-23. Voltaire, tribute to Benjamin Franklin, 336. tribute to John Dickinson, 387. Voters, qualification of, determined by the states, 497-548. National Government does not make, 497. discrimination as to, prohibited by the Constitution, 548. Walton, George, biographical sketch of, 205. War, appropriation for, 499. how declared, 499. Warren, General, prophetic farewell to Elbridge Gerry, 255. Washington, George, address to Con- stitutional Convention, 235-241. address on opening the Constitution- al Convention, 235. biographical sketch of, 426. letter of farewell as President, 602. letter to the governors of the thir- teen states, 579. letter to Hamilton and Jefferson, 295. letter of, as President of the Con- vention, 598. letter of, while in the Convention, 241. on the army and country during the revolution, 354-55. on the condition of the country from 1783 to 1787, 227-228. on Alexander Hamilton, 292. on heroism of the army, 215. on Independence prior to 1T76, 43. on ratification of the Constitution, 247. remarks to members of the Alexan- dria convention, 230. sketch of character of, 216. tribute to Robert Morris, 355. on John Rutledge, 460. Bushrod Washington, 372. Washington and Lee College, 23. Webster, Daniel, on Alexander Hamil- ton 294 299. on Oliver Ellsworth, 266. Webster, Noah, on the need of a na- tional government, 225. Webster, Pelatiah, on revising Articles of Confederation, 225. Weights and Measures, fixed by Con- gress, 497-98. Whipple, William, biographical sketch of, 58. William and Mary, College of, 23. Williams, Roger, 28. Williams, William, biographical sketch of, 100. Williams College, 101. Williamson, Hugh, biographical sketch of, 442. Wilson, James, biographical sketch of, 360. on the Constitution, 478. on the people, 240. Witherspoon, John, biographical sketch of, 117. Wolcott, Oliver, biographical sketch of, 103. Women allowed to vote in New Jer- sey, 11. Wythe, George, biographical sketch of, 432. Yale College, founding of, 24. Yates, Robert, biographical sketch of, 302. Yeardley, Sir George, 4. f