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diff --git a/40400-h/40400-h.htm b/40400-h/40400-h.htm index d757e31..c0a174c 100644 --- a/40400-h/40400-h.htm +++ b/40400-h/40400-h.htm @@ -3,7 +3,7 @@ <html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> <head> - <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <meta http-equiv="Content-Type" content="text/html;charset=UTF-8" /> <meta http-equiv="Content-Style-Type" content="text/css" /> <title> The Project Gutenberg eBook of History of the Origin, Formation, and Adoption of the Constitution of the United States, by George Ticknor Curtis. @@ -117,50 +117,7 @@ padding-right: .5em;} </style> </head> <body> - - -<pre> - -The Project Gutenberg EBook of History of the Origin, Formation, and -Adoption of the Constitution of the United States, Vol. 1, by George Ticknor Curtis - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1 - With Notices of its Principle Framers - -Author: George Ticknor Curtis - -Release Date: August 3, 2012 [EBook #40400] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF THE UNITED STATES *** - - - - -Produced by Curtis Weyant, JoAnn Greenwood, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by the Posner Memorial Collection -(http://posner.library.cmu.edu/Posner/)) - - - - - - -</pre> - - - +<div>*** START OF THE PROJECT GUTENBERG EBOOK 40400 ***</div> <div class="transnote"><h3>Transcriber's Note:</h3> @@ -2249,7 +2206,7 @@ to be made upon political considerations. The motives for this policy were deemed sufficient to outweigh the objections arising from the character and situation of the army which the general would, in the first instance, have to command. But after all, it cannot be doubted, that -the preëminent qualifications of Washington had far more weight with +the preëminent qualifications of Washington had far more weight with the majority of the Congress, than any dictates of mere policy, between one part of the Union and another, or any local jealousies or sectional ambition.</p> @@ -2665,7 +2622,7 @@ position, and of that of the government which he served, from the fact that, when he left Philadelphia to take the command of the army, he requested the Massachusetts delegates to recommend to him bodies of men and respectable individuals, to whom he might apply, to get done, -through voluntary coöperation, what was absolutely<span class="pagenum"><a name="Page_56" id="Page_56">[56]</a></span> essential to the +through voluntary coöperation, what was absolutely<span class="pagenum"><a name="Page_56" id="Page_56">[56]</a></span> essential to the existence of that army.<a name="FNanchor_60_60" id="FNanchor_60_60"></a><a href="#Footnote_60_60" class="fnanchor">[60]</a> In truth, the whole of his residence in Massachusetts during the summer of 1775, and the winter of 1775-6, until he saw the British fleet go down the harbor of Boston, was filled with @@ -3015,7 +2972,7 @@ sovereignty, which was entirely within the true scope of their own powers, and eminently necessary, the Congress was obliged to content itself with a recommendation on the subject to the colonial authorities; not only because it felt itself, as a government, far from secure of the -popular coöperation in many parts of the country, but because it had not +popular coöperation in many parts of the country, but because it had not finally severed the political tie which had bound the country to the crown of Great Britain, and because it had no civil machinery of its own, through which its operations could be conducted.</p> @@ -3959,7 +3916,7 @@ for three years or during the war. The additional bounty offered by Massachusetts was sixty-six dollars and two thirds. There was thus an inducement of eighty-six dollars and two thirds offered to the men then -in the service of the United States, not to reënlist in their old +in the service of the United States, not to reënlist in their old regiments, as fast as their time of service expired, but to go to Massachusetts and enlist in the fresh quotas which were forming in that State, and which were to be afterwards mustered into the continental @@ -4285,7 +4242,7 @@ York.</p> <p>When this Congress is compared with that of the year 1776, and it is remembered that the Declaration of Independence bears the names of John Adams and Robert Treat Paine of Massachusetts, Francis Hopkinson of New -Jersey, Benjamin Rush and Dr. Franklin of Pennsylvania, Cæsar Rodney of +Jersey, Benjamin Rush and Dr. Franklin of Pennsylvania, Cæsar Rodney of Delaware, Samuel Chase of Maryland, George Wythe, Thomas Jefferson, and Benjamin Harrison of Virginia, William Hooper of North Carolina, and Edward Rutledge and Arthur Middleton of South Carolina,—none of whom @@ -5587,7 +5544,7 @@ of the Union.</p> the public debts arose from the jealousy with which the provision of half-pay for the officers of the army had always been regarded in that State. In October, 1783, Governor Trumbull, in an address to the Assembly declining -a reëlection, had spoken of the necessity of enlarging the powers +a reëlection, had spoken of the necessity of enlarging the powers of Congress, and of strengthening the arm of the government. A committee reported an answer to this address, which contained a paragraph approving of the principles which the Governor had inculcated, but it @@ -7131,7 +7088,7 @@ principles imperfectly known to the ancient governments; found in modern times only in the government of England; and applied there with far less consistency and completeness. They embraced the regular distribution of political power into distinct departments; legislative checks and -balances, by means of two coördinate branches of the legislature; a +balances, by means of two coördinate branches of the legislature; a judiciary in general holding office during good behavior; and the representation of the people in the legislature, by deputies of their own actual election, in which the theory of such representation was more @@ -8547,7 +8504,7 @@ enforce the duties which it involved, could not long continue. It had, indeed, answered the great purpose of forming the Union, by bringing the States into relations with each other, the continuance of which was essential to liberty; since nothing could follow the rupture of those -relations but the reëstablishment of European power, or the native +relations but the reëstablishment of European power, or the native despotism which too often succeeds to civil commotion. By creating a corporate body of confederate States, and by enabling them to go into the<span class="pagenum"><a name="Page_329" id="Page_329">[329]</a></span> money-markets of Europe for the means of carrying on and concluding @@ -8937,7 +8894,7 @@ To have left the whole subject to the action of Congress would have insured, at most, only a change in some of the features of the existing government, instead of the great reform which Hamilton believed to be essential,—the substitution of a totally different system. At the same -time, the coöperation and assent of Congress were necessary to the +time, the coöperation and assent of Congress were necessary to the success of the plan of a convention, in order that it might not seem to be a violent departure from the provisions of the Articles of Confederation, and also for the sake of their influence with the States. @@ -9407,7 +9364,7 @@ state. The result was the Parliamentary troubles of James the First, the execution of Charles the First under the forms of judicial proceeding, and the despotism of Cromwell under the forms of a commonwealth. Charles the Second returned, untaught by all that had happened, to attempt the -reëstablishment of the Stuart principles of unlimited obedience; and +reëstablishment of the Stuart principles of unlimited obedience; and James the Second, who naturally united to them the Catholic religion, being driven from his kingdom, the question arose<span class="pagenum"><a name="Page_377" id="Page_377">[377]</a></span> of a vacant throne, and how it should be filled. In all these events, however, from the @@ -9662,7 +9619,7 @@ magnanimity and patriotism; and that broad moral sanity of the intellect, which is farthest removed from fanaticism, intolerance, or selfish adhesion either to interest or to opinion.</p> -<p>These qualities were preëminently displayed by many of the framers of +<p>These qualities were preëminently displayed by many of the framers of the Constitution. There was certainly a remarkable amount of talent and intellectual power in that body. There were men in that assembly, whom, for genius in statesmanship, and for profound speculation in all that @@ -10096,7 +10053,7 @@ exertions to the object of achieving the liberties of a single state.</p> <p>He would have been fitly placed in the chair of any deliberative assembly into which he might have been called at any period of his life; -but it was preëminently suitable that he should occupy that of the +but it was preëminently suitable that he should occupy that of the Convention for forming the Constitution. He had no talent for debate, and upon the floor of this body he would have exerted less influence, and have been far less the central object towards which the opinions and @@ -11562,7 +11519,7 @@ possessing the full confidence of the people whom they represented.</p> twelve sovereign and distinct communities.<a name="FNanchor_455_455" id="FNanchor_455_455"></a><a href="#Footnote_455_455" class="fnanchor">[455]</a> That so small a body should have <span class="pagenum"><a name="Page_487" id="Page_487">[487]</a></span> -contained so large a number of statesmen of preëminent ability is a +contained so large a number of statesmen of preëminent ability is a striking proof of the nature of the crisis which called it into existence. The age which had witnessed the Revolution, and the wants and failures that succeeded it, produced and trained these great men, made @@ -12262,15 +12219,15 @@ fully authorized and empowered, for and on behalf of this State, and by proper and authentic acts or instruments, to limit and restrict the boundaries of this State, in the western parts thereof, by such line or lines, and in such manner and form, as they shall judge to be expedient, either -with respect to the jurisdiction as well as the right or preëmption of soil, +with respect to the jurisdiction as well as the right or preëmption of soil, or reserving the jurisdiction in part, or in the whole, over the lands which may be ceded, or relinquished, with respect only to the right or -preëmption of the soil.</p> +preëmption of the soil.</p> <p>And be it further enacted by the authority aforesaid, That the territory which may be ceded or relinquished by virtue of this act, either with -respect to the jurisdiction as well as the right or preëmption of soil, or -the right or preëmption of soil only, shall be and enure for the use and +respect to the jurisdiction as well as the right or preëmption of soil, or +the right or preëmption of soil only, shall be and enure for the use and benefit of such of the United States as shall become members of the federal alliance of the said States, and for no other use or purpose whatever.</p> @@ -12900,7 +12857,7 @@ the national government. A great magazine of materials for our national history, from the first Continental Congress to the adoption of the Constitution, exists in those Journals.</p></div> -<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Story's Commentaries on the Constitution, § 160.</p></div> +<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Story's Commentaries on the Constitution, § 160.</p></div> <div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> That a union of the colonies into one general government, for any purpose, could not take place without the sanction of @@ -13073,7 +13030,7 @@ are concerned in it." Journals, I. 33.</p></div> <div class="footnote"><p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> Journals, I. 56. Oct. 22, 1774.</p></div> -<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> Peyton Randolph, President of the first and reëlected +<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> Peyton Randolph, President of the first and reëlected President of the second Congress, died very suddenly at Philadelphia on the 22d of October, 1775, and was succeeded in that office by John Hancock. Mr. Randolph was one of the most eminent of the Virginia @@ -13171,7 +13128,7 @@ public affairs. At the age of twenty-five, he entered the House of Burgesses, where he became a distinguished advocate of republican doctrines, and a strenuous opponent of the right claimed by Parliament to tax the colonies, of the Stamp Act, and of the other arbitrary -measures of the home government, coöperating with Patrick Henry in all +measures of the home government, coöperating with Patrick Henry in all his great patriotic efforts. He was the author of the plan adopted by the House of Burgesses in 1773, for the formation of committees of correspondence, to be organized by the colonial legislatures, and out of @@ -13274,7 +13231,7 @@ measures that had been pursued in some of the colonies." But the people of New York generally conformed to the non-importation agreement; and on the 20th of April they met in convention and appointed delegates to the second Congress, "to concert and determine upon such matters as shall be -judged most advisable for the preservation and reëstablishment of +judged most advisable for the preservation and reëstablishment of American rights and privileges." Pitkin's History of the United States, I. 324.</p></div> @@ -13339,7 +13296,7 @@ all those who should refuse compliance. These resolves were passed on the 3d of January, 1776, and were reported by a committee on the state of New York. On the 10th of January, on account of "the great distance from Colonel Heard to Colonel Waterbury, and the difficulty of -coöperating with each other in their expedition into Queen's County," +coöperating with each other in their expedition into Queen's County," Congress directed Lord Stirling to furnish Colonel Heard with three companies from his command, who were to join Colonel Heard with his minute-men, and proceed immediately on the expedition; and also directed @@ -15246,7 +15203,7 @@ fishery, a business of great importance, had brought into the Province, before the war, 172,000 guineas per annum, giving employment to American seamen, and not requiring the use of any foreign materials, except a small quantity of cordage. A duty was now laid on whale oil in England -of £18 per tun. In addition to the loss thus sustained, the exportation +of £18 per tun. In addition to the loss thus sustained, the exportation of lumber and provisions in American bottoms to the West Indies was entirely prohibited. Another great inconvenience, which came in fact to be intolerable, was the vast influx of British goods, consigned to @@ -15805,7 +15762,7 @@ was in some sort a party concerned by patriotism in the compliment, I answered with a little reserve, that the great military commanders and the great statesmen of Europe had dealt with larger masses and wider interests than he had. 'Mais, Monsieur,' the Prince instantly replied, -'Hamilton avoit <i>deviné</i> l'Europe.'"</p></div> +'Hamilton avoit <i>deviné</i> l'Europe.'"</p></div> <div class="footnote"><p><a name="Footnote_402_402" id="Footnote_402_402"></a><a href="#FNanchor_402_402"><span class="label">[402]</span></a> See his first speech in the Convention, as reported by Mr. Madison. </p></div> @@ -15850,7 +15807,7 @@ Constitution itself, there is scarcely any thing the preservation of which is more important than the text of the Federalist as it was first published.</p></div> -<div class="footnote"><p><a name="Footnote_405_405" id="Footnote_405_405"></a><a href="#FNanchor_405_405"><span class="label">[405]</span></a> Article "Madison" in the Penny Encyclopædia, written for +<div class="footnote"><p><a name="Footnote_405_405" id="Footnote_405_405"></a><a href="#FNanchor_405_405"><span class="label">[405]</span></a> Article "Madison" in the Penny Encyclopædia, written for that work by Professor George Tucker of the University of Virginia.</p></div> <div class="footnote"><p><a name="Footnote_406_406" id="Footnote_406_406"></a><a href="#FNanchor_406_406"><span class="label">[406]</span></a> Ante, pp. 131-141.</p></div> @@ -16130,7 +16087,7 @@ Southern States enabled Congress to abolish the slave-trade with foreign countries thirteen years before the same trade was made unlawful to British vessels.</p></div> -<div class="footnote"><p><a name="Footnote_447_447" id="Footnote_447_447"></a><a href="#FNanchor_447_447"><span class="label">[447]</span></a> Encyclopædia Americana, Art. "Wilson, James."</p></div> +<div class="footnote"><p><a name="Footnote_447_447" id="Footnote_447_447"></a><a href="#FNanchor_447_447"><span class="label">[447]</span></a> Encyclopædia Americana, Art. "Wilson, James."</p></div> <div class="footnote"><p><a name="Footnote_448_448" id="Footnote_448_448"></a><a href="#FNanchor_448_448"><span class="label">[448]</span></a> Madison, Elliot, V. 78.</p></div> @@ -16818,7 +16775,7 @@ grammatical uses retained.</p> <p>On rejoining "co-" and "pre-" with "o" and "e" roots at the ends of lines, a diaresis was added to the second "o" or "e" per author -practice (for example: coöperation, preëminent).</p> +practice (for example: coöperation, preëminent).</p> <p>Semicolons were consistently placed outside closing quotes in the original; retained.</p> @@ -16841,386 +16798,6 @@ It has been placed at the end of the paragraph: "be for ever directed."</p> </div> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of History of the Origin, Formation, and -Adoption of the Constitution of the United States, Vol. 1, by George Ticknor Curtis - -*** END OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF THE UNITED STATES *** - -***** This file should be named 40400-h.htm or 40400-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/4/0/4/0/40400/ - -Produced by Curtis Weyant, JoAnn Greenwood, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by the Posner Memorial Collection -(http://posner.library.cmu.edu/Posner/)) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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