Liberty documents, with contemporary exposition and critical comments drawn from various writers

Front matter

Class jJ/'j^^ Book_i__/i-^

COPYRIGHT DEPOSrr.

LIBERTY DOCUMENTS

Preface

THE design of this book is to direct students to the evolution of constitutional government from the time of the declared policy of Henry I. towards his subjects to the present day. Its broader purpose is stated in detail in the Introduction, but a few brief words of explanation and acknowledgments of criticism and assistance give occasion for this Preface.

The following chapters are the result of informal lectures given before my classes at the State Normal School in LoweU, Massachusetts, where we have for several years followed a course of study in Constitutional History (as given in the Outlines in the Appendix of this volume). In preparing students for the profession of public school teaching, I have deemed it wise to impress them with the underlying principles of citizenship and government, and to prove to them that the love of liberty is a noble inheritance of the past.

In the special study of these written bulwarks of our freedom my aim has been to further the interest in original documents by comparing the details of the different articles, by discussing their bearing, by pointing out the development of constitutional history, and by noting the evolution of one document of liberty from the preceding one. The book makes no pretensions to exhaustive exposition, either of the documents discussed or of the critical material cited. It is meant as an aid to teacher and pupil whose time for historical research is limited, and it is but suggestive of the possibilities of further intensive study.

The outline on Constitutional History has served its purpose with my own classes, and in the ninth grade of our grammar department of the Practice School it is used as the basis for more detailed work. The fact that a large majority of the pupils who are to be benefited by public instruction finish their technical education with the last year in the grammar schools makes it imperative that a course in American institutions and politics be presented which shall make intelligible to them the great race movement of which they are an integral part.

At the same time that I offer this work to my fellows in the profession, I beg to acknowledge my gratitude to those friends who have assisted me with aid, advice, and criticism. Professor Albert Bushnell Hart, of Harvard University, Cambridge, and Judge Samuel P. Hadley, of Lowell, Mass., have guided me materially in my research for contemporaneous and latter-day comments. Mr. Henry A. Clapp, of the Supreme Court of Massachusetts, has given most generously of his time in making translations from certain Latin texts. The Hon, James 0. Lyford, naval officer of customs, Boston, Mass., has added to the varied suggestions and services of years by following the work of the outline with critical interest. I am indebted to the Librarians of the Harvard Library, Massachusetts State Library, and the Lowell City Library for their courteous liberality in the use of books.

I take this opportunity to thank the various authors and publishers of copyright works from which material has been drawn, for permission to reprint the passages desired. The full titles of these works, with publishers' names, are given in Appendix D at the end of this volume.

MABEL HILL.

Lowell, Mass., November, 1900.

Introduction

THAT history is based on sources no longer needs assertion ; that the public state papers of the nation are among the most important sources for an understanding of the true spirit of past times has been a familiar truth since Dr. Stubbs put forth his immortal volume of Select Charters; no careful student and no thoughtful teacher any longer attempts to investigate or to present history without reading and thinking about the constitutional sources. Dr. Stubbs, however, "was one of the men most aware that a document does not explain itself ; it was his practice in his classes to expound and criticise his own charters. As the knowledge of, and publication of, materials has widened, choice and a suggestive arrangement have become more and more important in making up useful collections ; and there is now a great mass of intelligent discussion by historians and publicists, which may be drawn upon by those who have been unable to sit at the feet of the masters. It is an encouragement to those most interested in history that there seems a demand for reprints of properly selected sources, and especially of constitutional documents illustrated by some reference to contemporary writers, set forth by adequate comment, and so arranged as to bring out the development of a nation's constitutional progress.

Miss Hill, in her Liberty Documents, has undertaken to provide for what is believed to be an interest in the foundations of English and American free government : at the same time she has endeavoured to avoid some of the obvious difficulties in

X INTRODUCTION

dealing with official and sometimes technical documents, by supplementing them with the light and life of discussion. The most approved method of historical teaching for schools of various grades, seems to be a text-book, backed up by reading both in the sources and in secondary books. Miss Hill has in this book brought about an ingenious and promising combination of the two sorts of historical material ; and she has further divided the authors whom she uses, according as they wrote at or near the date of the documents, or as they came afterward, and could use the learning that had meantime accumulated. Out of the immense number of interesting and important documents in English and American constitutional history, Miss Hill has chosen twenty-four documents, or groups of documents, which include the great monuments of Anglo-Saxon liberty, and at the same time are sufficiently representative of the mass of omitted papers. Each of these documents she has prefaced with appropriate " Suggestions " which include somestatement of the historical conditions under which the document first saw the light, and in a few words shows the relation of each piece with other materials of the same kind. Then follows in each case the ' ' text " of the document. The earlier pieces, such as Magna Charta and the Confirmatio Chartarum, were written in Latin ; and therefore translations have been reprinted, or made expressly for this volume. The English documents of the seventeenth century were of course first written with the spelling, capitalization, and abbreviations usual at that time, and they have been transliterated by substituting the ordinary form for the long s, and reducing the capitalization and spelling to modern usage. The documents of the eighteenth and nineteenth centuries are in general reproduced verbatim. In all cases an authentic text has been examined and compared, and omissions are indicated. As an example of the technical phraseology of English statutes, and in order to put at the convenience of the schools the full text,

INTRODUCTION Xl

of a document very hard to find in full, the Habeas Corpus Act of 1679 has been reprinted exactly as it stands, as an Appendix.

After the text of each document follows the next feature of the book, the " Contemporary Exposition," especially helpful because it shows why our ancestors felt that the great documents were essential to them and their posterity. The range of writers on English constitutional matters is ample ; and Miss Hill has been successful in finding plenty of appropriate and striking criticisms. An example, and one of the most quaint things in the book is Bishop Burnet's humorous account of the parliamentary trick by which the Habeas Corpus Act came to be passed. In the American part of the work good contemporary comment abounds, and most of the famous American statesmen have been drawn upon, together with pamphleteers and public speakers.

The fourth part of each chapter is the " Critical Comment," made up of approved criticisms from a considerable number of authors; here the best brief histories of England and the United States have been drawn upon, together with such special authorities on constitutional development as Stubbs, Hallam, Pollock and Maitland, Gneist, Boutmy, Blackstone, Borgeaud, Dicey, Curtis, Story, Bryce, Cooley, and Dunning. It is to be understood that these extracts are not chosen to defend a thesis or to favour any bias in Miss Hill's mind. She has taken pains to draw from people of different and even of opposing views; and to quote from authors who seem to sum up the results of the discussions and investigations of a succession of publicists.

The purpose of this work, then, is in brief to place some of the most important memorials of history of the Anglo-Saxon race in a suitable and illuminating setting ; the document itself in a carefully verified text ; the opinions of contemporaries who are interested and competent ; later comment of scientific xii IN TROD UCTION

writers, who have studied the documents through the perspective of human progress.

For such a work Miss Hill has long felt the need ; in her own work as a teacher in secondary and normal schools, she has found it possible to interest young people in such studies of the institutional side of English and American history; the book therefore represents what may be, and actually is, taught in schools. None of these documents are beyond the grasp of a properly directed child of fourteen, and the hook is easy to handle because it contains the materials for its own discussion.

A glance at the Table of Contents will show the principles which have been kept in mind in putting the book together. First of all will be noticed the long reach of the selections : the first document was written in 1101 ; the last report of a speech is still hardly dry from the press. The results of eight centuries of constitutional effort are stated or suggested in this volume.

The book is an example also of the modern discovery that history is as continuous as geology; that so-called political revolutions are, like earthquakes and volcanic outbreaks, the sudden yielding to strains which have been growing more intense from year to year and age to age, till there is no longer a power of resistance. The book brings into clear and sharp relief the great truth that English and American constitutional history has run practically one course. The first ten chapters show the growth of English personal liberty down to the beginning of the eighteenth century; Chapters XI. to XIV. exemplify the change in the eighteenth century and the Revolution, from an English to an American form of statement of the principles of freedom. From Chapter XY. to the end, we find a record of the establishment and the growth of written constitutional guarantees in America. These three periods are really not separable from each other : for English institutions run into Colonial charters, and thence into State constitutions.

INTRODUCTION xiii

and the State constitutions were really a part of the general system of which the Federal constitution became a corresponding part. From the beginning to the end, there has been a kind of rolling-up of guarantees for the liberty of the individual, so that Magna Charta, the Petition of Right, and the Bill of Rights, the Declaration of the Stamp Act Congress, the Declaration of Independence, Washington's Farewell Address, and the Proclamation of Emancipation are all a part of that conception of human rights which is the proudest outcome of American experience.

The choice of documents must, of course, depend to some degree upon the personal interest and judgment of the person who may prepare such a work, although certain papers can no more be omitted from the set of Liberty Documeiits than the letter " e " can be left out of the alphabet. A part of the intellectual outfit of all properly trained American children is Henry First's Charter, Magna Charta, Confirmatio Chartarum, Habeas Corpus, Bill of Mights and Act of Settlement, Declaration of the Stamp Act Congress, Virginia Bill of Mights, Declaration of Independence, Articles of Confederation, Northivest Ordinance, Federal Constitution, Washington's Farewell Address, Dred Scott Decision, Proclamation of Emancipation, and the Meconstruction Amendments.

All these are to be found within the following pages, and also some selections less common but not less truly representative. In Chapter III. will be found two very racy letters written by Thomas Cromwell, which bring out a stalwart conception of how to deal with a parliament. In Chapter V. is inserted a very significant extract from a statute of 1429, which illustrates the steady though slow development of the protections of liberty, and also shows the usual forms of royal statutes six centuries ago. In Chapter VII. have been printed two of the unsuccessful constitutions of the English Commonwealth ; they deserve attention, because through the Colonial Charters they xiv INTRODUCTION

somewhat influenced the American written constitutions with which we are familiar. Cromwell's speech to Parliament is an interesting commentary upon the reasons for government and misgovernment during the English Eevolution. Chapter XI. is intended to show the nature of the Colonial governments and their constitutional basis ; for such a purpose no one English or Colonial official document could suffice, and a departure has been made from the general principle by including Dummer's Defence of the Charters, though it had no public sanction. This piece, taken in connection with the Virginia Bill of Rights (Chapter XIII.), builds the bridge between English and American institutions. Chapter XIX. is inserted in order to show the principle of constitutional limitations on the powers of the legislature, although the immediate question happens to be that of chartering a bank. The reasoning of the Federal Court has been applied to the principle of limited legislative powers over personal relations. Chapter XX. has its justification in the familiar truth that the Monroe Doctrine arose to a large degree out of the feeling that the blessings of free government should be assured to our Latin-American neighbours. In the final chapter, XXIV., the relation of free and popular government to the American colonies is brought out through the President's messages and speeches on West Indian and Philippine affairs, and the arguments of others for and against the policy he has thus enounced.

Many other documents might have been appropriately inserted, but the twenty-four which appear below have a special right to appear because of their own importance and because of their relation with each other. The book moves from beginning to end ; each piece has a carefully considered place in the chain of human progress.

The Appendices deserve some special mention ; one of them is the special text of the Habeas Corpus Act, alluded to above ; another is the necessary list of authors quoted, showing pre-

INTRODUCTION XV

cisely the editions used in each case, and thus making it easy to enlarge the extracts. For two others, Miss Hill has prepared an Outline of Essentials in English and American History, an expansion of a smaller list long used in her own teaching. This outline is intended to show the relation of the constitutional documents to narrative history, and thus to put them on a proper background.

How shall Liberty Documents be most effectively used? For the reader of history who likes to have at hand the text of the great documents which he finds mentioned, this edition is especially serviceable, because, together with the text, he has the illustrative comment which makes clear the whole ground. Hence it may perhaps find a place in school, public, and private libraries.

The most obvious use of such a book is to be the backbone of a course in English and American constitutional development, the Outlines in the Appendix serving for an analysis of the whole subject, while the documents are to be a subject of study and thought. Among the many collections of this kind there is perhaps no other which brings together the materials for a judgment of so many great constitutional principles ; for, besides the text, the references at the end of each piece carry the student to the best contemporaries and the best modern writers. In a certain sense the book is a little historical library, which, like all other libraries, is intended first to satisfy and then to make discontented, first to furnish the material necessary for the student and then to arouse him to search for more material.

In any course in English history the book is available, — first, because of its careful reprint of the greatest English constitutional documents ; second, because of the side-notes, which call attention to the development of constitutional thought and practices. The documents are all such as will be useful to pupil and student ; and the great lesson is enforced that the

XVI INTRODUCTION

guarantees of English liberty extended also to the colonies, and through them were worked out in our own political system.

In connection with a course in American Constitutional History the book is useful because it makes easy the preliminary study of the basis of American free institutions, in the practice and the concrete records of England ; and fourteen of the twenty-four chapters are devoted to distinctively American utterances.

After all, the usefulness of a collection, like the usefulness of a text-book, depends, to a large degree, upon the teacher. One who is awakened to the importance of constitutional development, to the study of charters and statutes and constitutions, as expressing the aspirations of the people, will know how to show young people that that side of history is interesting. Perhaps, also, in these days of storm and stress, of the creation of new political powers and influences, of undreamed complications with the affairs of the rest of the civilized world, it may be worth while to bring to the minds of young people the truth that our personal liberty, our freedom to move about, to take up callings, and to make the most of ourselves, is not a privilege which defends itself ; that it behooves a free people not to give up principles for which they and their forefathers have been contending during more than eight centuries.

ALBERT BUSHNELL HART.

Chapter I Cokonation Oath And Chartee Of Heney I. (1101)

Page

The Coronation Oath (1100) 1

The Charter of Henry I. at his Coronation (1101) 2

William of Malmesbury, Chronicles of the Kings of England . 5

Roger of Wendover, Flowers of History 6

Hallam, Europe during the Middle Ages 7

Stubbs, Constitutiorial History of England 7

Green, Shoj-t History of the English People 7

Pollock and Maitland, History of English Law 7

Ransome, Advanced History of England 8

Gardiner, Students History of England 8

Chapter II Magna Chaeta (1215)

Magna Charta (June 15, 1215) 9

Roger of Wendover, Flowers of History 25

Coke, First Institute of the Laws of England 27

Burke, Works 27

Hallam, Europe during the Middle Ages 27

Palgravb, English Commonwealth 27

Mackintosh, History of England 28

Sttjbbs, Constitutional History of England 29

Green, Short History of the English People 29 xviii CONTENTS

Critical Comment, conlinued : — Page

Bagehot, English Constitution 31

Von Gneist, History of the English Parliament 32

Pollock and Maitland, History of English Law 32

Gardiner, Student's History of England 32

Ransome, Advanced History of England 32

Chapter III The Summons To Parliament (1295)

Summons to Parliament (Oct. 3, 1295) 34

Thomas Cromwell, Letter to John CreJce 35

Summons in reign of Henry VIII. 36

Hallam, Europe during the Middle Ages 37

Stubbs, Constitutional History of England 38

^OSTii'En' Anglo-Saxon Freedom 38

BouTMY, English Constitution 39

Freeman, House of Lords 39

Ransome, Advanced History of England 39

Gardiner, Student's History of England 40

Adams, Critical Period of English Constitutional History ... 40

Chapter IV Confirmatio Chartarum (1297)

" Confrmatio Chartarum" of Edward I. (Nov. 5, 1297) . ... 43

Bartholomew de Cotton, Historia Anglicana 45

Hallam, Europe diiring the Middle Ages 45

Macaulat, History of England 46

Stubbs, Constitutional History of England 46

Feilden, Short Constitutional History of England 47

Von Gneist, History of the English Parliament 47

CONTENTS xix

Chapter V Legal Porms And Jury Trials (1429)

Page

Statute: 8 Henry VI. Cap. 12 {\^2%) 49

Sir John Foetescue, De Laudibus Legum Anglue 51

Christopher Saint-German, Doctor and Student 54

Blackstone, Commentaries on the Laws of England 54

Spence, Equitable Jurisdiction of the Court of Chancery ... 56

Forsyth, History of Trial by Jury 57

Green, Short History of the English People 59

Stevens, Sources of the Constitution of the United States ... 65

Chapter VI Petition Of Right (1628)

Petition of Right (June 7 , 1628) . 67

Charles L, Speech at Prorogation of Parliament (June 26, 1628) 72

Hallam, Constitutional History of England 72

Nugent, Memorials of Hampden 72

Macatjlay, History of England 74

Creasy, Rise and Progress of the English Constitution .... 74

"VoN Gneist, History of the English Parliament 76

Gardiner, Constitutional Documents of the Puritan Revolution . . 76

HosMER, Anglo-Saxon Freedom 77

Chapter VII English Written Constitutions (1648-1653)

The Agreement of the People (Jan. 15, \&49) 79

The Instrument of Government (Dec. 16, 1653) 85

XX CONTENTS

Contemporary Exposition: — Page

Oliver Cromwell, First Speech to the Sixth Parliament ... 98

Hallam, Constitutional History of England 100

Macaulat, History of England 100

Bagehot, English Constitution . 101

Green, Short History of the English People 101

Taswell-Langmbad, English Constitutional History 103

Taylor, Origin and Groivth of the English Constitution .... 103

Gardiner, Constitutional Documents of the Puritan Revolution . . 104

HoSMER, Anglo-Saxon Freedom 109

BORGEAUD, Adoption and Amendment of Constitutions . . . . Ill

BoRGEAUD, Rise of Modem Democracy 1 1 1

'R Ai<(SOME, Advanced History of England 112

Medley, Student's Manual of English Constitutional History . . 113

Chapter VIII Habeas Corpus Act (1679)

Habeas Corpus Act {1679) 115

Bishop Gilbert Burnet, History of His Own Time . . , . 117

Blackstone, Conunentaries on the Laws of England- 118

Creasy, Rise and Progress of the English Constitution . , . . 118

HvRV, Right of Personal Liberty 118

TxTEnso'!^, Libe}-ty of the Subject, etc. ........... 119

Taswell-Langmead, English Constitutional Histonj 119

jyiCEY, Study of the Law of the Constitution 120

May, Constitutional History of England .120

Chapter IX The Bill Of Eights (1689)

The Bill of Rights {Oct. 25, 16S9) 122

CONTENTS XXI

Contemporary Exposition : — Page

Bishop Gilbert Burnet, History of His Own Time .... 132

LuFFMAN, Citizen and Goldsmith 132

GuizoT, General History of Civilization 133

Ma.Ca.V'LXY, History of England 133

Green, Short History of the English People 134

Hosjier, Anglo-Saxon Freedom 135

Stevens, Sources of the Constitution of the United States . . . 136

^ASSOME, Advanced History of England 136

Chapter X Act Of Settlement (1700-1701)

Constitutional Provisions in the Act of Settlement (1700-1701) . . 138

Bishop Gilbert Burnet, History of His Own Time .... 140

Blackstone, Commentaries on the Laws of England 140

Djcey, Study of the Law of the Constitution 141

Kansome, Advanced History of England 141

Chapter XI Spieit Of Colonial Rights (1721-1765)

Extracts from "A Defence of the New-England Charters" (1721) . 142

Anonymous, A Plain State of the Argument between Great

Britain and her Colonies 144

Anonymous, Proposals for Uniting the English Colonies on the

Continent of America 146

Tho-mxs 'PowSAi.i,, Administration of the Colonies {17 Q5) . . , 147

Anonymous, America's Appeal to the Lmpartial World .... 148

"W x-LS-R, An Appeal from the Judgments of Great Britain . . . 150

MA-RSTIXT.-L, History of the Colonies Planted by the English . . . 152

Thwaites, The Colonies 153 xxil CONTENTS

Chapter XII The Stamp Act Controversy (1765)

Page Suggestions 155

Declaration of Rights and Grievances of the Colonists in America

Benjamin Franklin's Examination relative to the Repeal of the

American Stamp Act 158

James Otis, Rights of the British Colonies 159

Sir William Keith, Two Papers on the Subject of Taxing the

British Colonies in America 160

JosiAH TuCKEK, Letter from a Merchant in London to his Nephew

in America 161

Edmund Burke, Speech on Conciliation with America .... 162 William Pitt, Earl of Chatham, Speech in the House of

Lords 163

William BoLLEN, in J^ourna/s o/" Con/77-ess (1775) 164

Macaulay, The Earl of Chatham 164

Chamberlain, The Revolution Impending ......... 164

CHAPTEE XIII

VIRGINIA BILL OF RIGHTS (1776) Suggestions 166

A Declaration of Rights (June 12, 1776) 166

George Washington, Works 169

John Adams, Works .... 170

Hitchcock, American State Constitutions 173

Jameson, Treatise on Constitutional Conventions 174

Curtis, Constitutional History 1 '4

BouG^xvD, Adoption and Amendment of Constitutions . . ■ . 1/6

Bryce, American Commonwealth 1' '

ScHOULER, Constitutional Studies 1'°

Yisn^Ti, Evolution of the Constitution of the United States . . . 178

Thorpe, Constitutional History of the American Republic ... 179

Channing, Students' History of the United States 180

CONTENTS xxiu

Chapter XIV Declaration Of Independence (1776)

Page

The Declaration of Independence (July 4, 1776) 183

John Adams, Familiar Letters 188

David Ramsay, American Revolution 191

Thomas Jefferson, Works 192

Webster, Works 192

Story, Commentaries 197

Livermore, An Historical Research 197

Gre'EJ'I, Short Histori/ of the English People 197

"VoN HoLST, Constitutional History of the United States .... 198

Lecky, England in the Eighteenth Century 199

Ellis, in Winsor, Narrative and Critical History of America . . 200

FlSKE, American Revolution 202

Lodge, American Revolution 202

Chapter XV The Articles Of Confederation (1781)

Articles of Confederation (1781) • « • 204

Pelatiah Webster, Remarks on a Pamphlet 216

George Washington, Works 218

Alexander Hamilton, Works 219

Thomas Jefferson, Works 219

Story, Commentaries 220

Jameson, Treatise on Constitutional Conventions 221

MuLFORD, The Nation 221

VoN Holst, Constitutional History of the United States .... 223

Hart, Federal Government 224

Ford, Rise and Growth of American Politics 225

Stevens, Sources of the Constitution of the United States . . . 225

FiSKE, Critical Period of American History 225

Fisher, Evolution of the Constitution of the United States . . . 226

XXIV CONTENTS

CHAPTER XVI THE NORTHWEST ORDINANCE (1787) page

The Ordinance of 1787 228

Nathan Dane, in the Cutlers' Life ofManasseh Cutler .... 237

Webster, Works 238

Chase, Sketch of the History of Ohio 239

Bancroft, History of the United States 240

Burnet, Early Settlement of the Northwest Territory 240

Hoar, Oration at Centennial at Marietta 240

Hinsdale, The Old Northwest 241

Cutlers, Life of Manasseh Cutler 242

Chapter XVII The Constitution Of The United States (1787)

Constitution of the United States of America (Sept 17, 1787) . . 245

Benjamin Franklin, Speech on the Last Day 264

George Mason, Address to the Citizens of Virginia 267

The Federalist (No. XLV.) 267

Alexander Hamilton, Works 268

George Washington, Works 269

John Dickinson, Fabius Letters 271

Tench Coxe, Examination 271

Thomas Jefferson, Works 272

Webster, Works 273

Stort, Commentaries 274

Gladstone, Kin Beyond Sea 275

COOLEY, Constitutional Law 276

HuRD, Theory of our National Existence 278

Smith, in Jameson's Essays on Constitutional History , . . . . 279

Hart, Federal Government 280

Stevens, /Sources ©/"^^e Constitution of the United States . . . 281

Brtce, American Commonwealth 282

Thorpe, Constitutional History of the American People .... 283

McLaughlin, Social Compact and Constitutional Construction . . 284

CONTENTS XXV

Chapter XVIII Washington's Faeewell Address (1796)

Page

Washington's Farewell Address to the People of the United States

Jonathan Mitchell Sewall, Oration 306

Thomas Paine, Oration 307

Joseph Bltth, Eulogy 308

John M. Mason, Oration 308

George R. Minot, Oration 308

Sparks, George Washington . 309

Binnet, Inquiry into the Formation of Washington's Farewell

Address 309

Olnet, Growth of our Foreign Policy 310

Chapter XIX The Extent Of Federal Powers (1819)

Decision in the Case of M'Culloch vs. the State of Maryland

(1819) 312

Anonymous, in Niks' Weekly Register . . 316

Story, Commentaries 318

Hare, American Constitutional Law 319

WiLLOUGHBY, Supreme Court of the United States 319

Sumner, History of Banking in the United States 319

Chapter XX Liberties Of Other American Peoples (1823)

The Monroe Doctrine (Dec. 2, 1823) 321

XXVI CONTENTS

Contemporary Exposition:— P^ge

John Quincy Adams, Memoirs 323

Thomas Jeffekson, Complete Works .......... 325

James Madison, Works 326

Daniel Webster, Works 327

Dana, Wheaton's Elements of International Law 329

VoN HoLST, Constitutional History of the United States .... 329

MoKSE, John Quincy Adams 330

Gilman, James Monroe 331

ScHOULER, History of the United States 332

Tucker, The Monroe Doctrine 333

Cleveland, Special Message, Dec. 17, \ 895 334

Olney, Letter to Mr. Bayard 334

Woolset, Arnerica's Foreign Policy 336

McMaster, With the Fathers 337

Reddaway, The Monroe Doctrine 337

Hart, The Monroe Doctrine 338

Chapter XXI The Rights Of Slaves And Of Their Race (1857)

Extracts from the Opinion of the Court in the Dred Scott Decision

Extract from Justice Benjamin R, Cwtis, dissenting (1857) . . . 346

T. H. Benton, Examination of the Decision in the Dred Scott Case 349

George Bancroft, in Pulpit and Rostrum . 351

Horace Greeley, American Conflict 352

Henry Wilson, Rise and Fall of the Slave Power in America . 353

Von Holst, Constitutional History of the United States .... 354

ScHOULER, History of the United States 354

Rhodes, History of the United States 356

Bryce, American Commonwealth 356

CHAPTER XXn

EMANCIPATION OF THE SLAVES (1862-1863)

Preliminary Proclamation of Emancipation (Sept. 22, 1862) . . 358

Final Proclamation of Emancipation [Jan. \, \8()5) 362

CONTENTS xxvii

Contemporary Exposition : — Page J. A. Cravens, Speech in House of Representatives against Emancipation 364

Benjamin F. Thomas, Speech in House of Representatives for

Emancipation 365

IT. S. Grant, General Order 366

F. B. Carpenter, Six Months at the White House 366

Johnston, The United States : Its History and Constitution . . 367

NiCOLAY AND Hay, Abraham Lincoln : A History 368

Pierce, Memoir and Letters of Charles Sumner 369

Dunning, Essays on the Civil War and Reconstruction .... 369

Morse, Abraham Lincoln 370

McCall, Thaddeus Stevens 370

Bancroft, Life of William. H. Seward 371

Taebbll, Life of Abraham Lincoln 371

Chapter XXIII The Reconstruction Amendments (1865-1870)

Thirteenth Amendment (1865) 373

Fourteenth Amendment (1868) 373

Fifteenth Amendment (1870) 375

A. H. Coffroth, of Pennsylvania, in Congressional Globe . . 375

J. S. Brotvn, of Wisconsin, in Congressional Globe .... 376

James G. Blaine, Twenty Years of Congress 376

Lowell, Prose Works 380

CooLEY, Constitutional Law 381

Bryce, American Commonwealth 381

Dunning, Essays on the Civil War and Reconstruction .... 382

McLaughlin, History of the American Nation 384

Hart, Salmon Portland Chase 386