A constitutional history of the American people : 1776-1850

Front matter

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Chapter I The State Page

Two large processes to be worked out in the evolution of

democracy in America i

The forerunners of representative government in America . 2, 3

Racial influences on the State 3

Democracy in America a resultant 4

Government a problem of adjustments 5

Labor dictates in the evolution of democracy 6

Character of the Revolution of 1776 7

The blending of industry and politics 8

Politics vs. Industry 9

The age of discontent in democracy 10

The tests of democracy 11

The demands put upon it 12

The ultimate in democracy 13

The tests of administration 14

Democracy defined 15

Its principles, according to Webster 16

Education the guardian of public safety 17

The seventeenth and eighteenth centuries compared ... 18 True character of the democracy of the eighteenth century

now better understood 19

The phases of democracy in its evolution 20

Sequence of political aspirations 21

The transition, in this country, from ancient egoism to

modern altruism 22

Development of constitutional government in America . . 23

Theories and definitions set forth 24

Conspicuous omissions in the national constitution ... 25

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Successive groupings of civil interests 26

The altruism of democracy 27

Political campaigns — the organs of reform, change the form

of the State 28

Chapter II The Form Of Democracy In The Eigh- Teenth Century

In the closing )rears of the seventeenth century America gave little promise of becoming a continent of commonwealths 29

Authorities for opinions respecting the evolution of government in the United States 29-32

State of America in 1700 30-32

Forces contending for supremacy 32

The survival of free institutions 33

Birth of a continental spirit in America 34

Forebodings of the Revolution 35

The struggle between absolutism and individualism ... 36 The American constitutions the slow product of experience 37, 38

Montesquieu's influence in America 39

Blackstone's influence 40

Lowell's estimate of Voltaire's influence 41

Franklin's influence 42

Jefferson and the Rights of Man 43

The American Revolution reconstructed the theory of the

Legal fictions adopted as dynastic facts 45

The new constitutions were experiments 46

Concepts, old and new, of American institutions 47

The two ideas at the basis of American political institutions :

natural rights and the social compact 48

The great American Bill of Rights drawn by George

Mason 49

Applications of the doctrine of natural rights 50

The struggle for trial by jury 51, 52

Christian doctrine in the early constitutions 53» 54

Liberality of Vermont respecting other than the white race . 54 Virginia and New England the parents of constitutions in

the West 55

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The guarantee of rights 56

Reforms and new precedents 57

Effort to make constitutional provisions permanent ... 58

Constitutions evolving into codes 59

Chapter III The Organization Of Government In The States

Disqualification of non-church members . . 60

Social distinctions 61

Constitutions change most in times of peace 62

How administrative measures may become provisions in

bills of rights 63

The States were making the first attempt in history to define

civil functions by means of a written constitution ... 64

English and American legislative systems compared ... 65

The difficulties in fixing a basis of representation .... 66

Conservatism of early democracy 67

The qualifications of members of the Assembly . . . 68,70,71

Legislative procedure borrowed from England 71

The test of sovereignty 72

State and national sovereignty 73

John Adams, the father of the public school ...... 74

First limitation of the power of the Legislature 75

The most artificial part of the system, the Senate .... 76

The qualifications of senators 77, 78, 79

Senatorial apportionment 80

Characters of the early Senate 81

The Senate a discovery in politics 82

Qualifications of the governor 82, 83

Popular distrust of executive power 84

The first commonwealth governors 85

Their obscure functions 86

Dignity attached to the office 87

The executive council 88

Organization of the courts 89

The golden age of litigation 90

Complications of early legal practice 91

Slavery; nationality 92

Qualifications of the electors 93» 94» 95» 96

The landless man 97

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The initiative in constitutional reforms 98

Individualism dominates politics 99

Permanency of the ancient landmarks 100

Chapter IV Transition To Independent States

The colonization of America proceeded according to feudal

notions 101

Representative government in America incident to the conditions of colonial life 102

Representative institutions prompted by the love of gain . 103

The democratic tendency of colonial life 104

Conflicting notions concerning representation in early colonial times 105

Fictitious analogies 106

Formation of two legislative chambers 107

Spread of the democratic spirit over America 108

Birth of the American legislature 109

Government not directly founded on the people no

How the colonies became States in

The procedure abnormal 112

Congress advises the organization of independent State governments 113

New Hampshire 113, 114

South Carolina 115,116

Virginia 117,118

New Jersey 118

Delaware 119

Pennsylvania. 120

North Carolina 121

Georgia 122,123

Vermont 126, 127

Connecticut 128

Rhode Island 129

Massachusetts 130, 131, 132

CHAPTER V THE CONSTITUTIONAL ELEMENTS Virginia removes the last obstacle to the admission of Kentucky 133

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The Kentucky conventions of 1792 and 1799 134

Beginnings of Tennessee . 135

The State of Franklin . 136

The Tennessee Convention of 1796 137

Eminent personages in the eighteenth century conventions 138, 139

Codes and constitutions composite in character ; interstate

influence 140

The national constitution largely founded on State laws . . 141

Derivative features 142

The national and the State constitutions form an organic

whole 143

The Ordinance of 1787 144

Analysis of its provisions 145, 146, 147

Provision for the future 148

The territory southwest of the Ohio 149

North Carolina imposes a permanent condition upon it . .150 Readoption of the ordinance by the first Congress . . . .151 Admission of Vermont ; organization of the Territory of

Indiana 152

The country between Georgia and the Mississippi River . .153

Organization of the Territory of Mississippi 154

Robert Grey, captain of the ship Columbia, discovers

Oregon 155

The Indian lands an exception to the law of civil government 156

The Indian tribes bar the way to the West 157

The three lines of immigration to the West 158

State of the country in 1800 158-159

The fundamental idea was that property is the basis of government 160

CHAPTER VI THE FIRST STRUGGLE FOR SOVEREIGNTY No American constitution has defined sovereignty .... 162

Strong and weak elements in the States 162, 163

Efforts to formulate a federal union 163

The articles of confederation on the circuit 164

History of the phrase, "free, sovereign, and independent" 164, 165 Sovereignty discussed in the Convention of 1787 .... 166 Remarks of Hamilton, King, Gerry, and Ellsworth . . 167, 168

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Residuary sovereignty and popular sentiment 169

Hostility of the States to the new government 170

Jefferson's definition of political parties in 1798 171

Party material in the country 172

Feebleness of the national idea 173

The power of the rising West 174

What the West thought of the East 175

The Supreme Court declares for national sovereignty . . .176

The States set the decision aside 177

The Constitution amended, accordingly, 1798 178

Jefferson organizes the Democratic party 179

His political methods and his lieutenants . . . . ' . . .180

The alien and sedition laws force a crisis 181

Character of these laws ; their reception by the country- . .182

The coming of Clay 183

The Kentucky resolutions 183

The Virginia resolutions 184

Examination of them 185

The resolutions before the States 186

Madison makes the argument for State sovereignty . . . . 187 Nullification; popular interpretation of federal powers . . 188 The " Doctrine of '98 " wins in the election of 1800 . . . .189 A new party in power 190

Chapter VII The Political Estate At The Opening Of The Nineteenth Century

A government must be judged by the condition of the people who support it 191

New Hampshire inaugurates reform in the franchise by adopting persons instead of property as the basis of government 192

Qualifications of the voters in New England in the eighteenth

century 193, 194

The franchise in New York 195

The four great districts of New York State 196

The franchise in New Jersey and Pennsylvania 197

In Delaware, Maryland, and Virginia 198

In North Carolina and South Carolina 199, 200

In Georgia, Kentucky, and Tennessee 201

In Vermont 201-202

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Religious qualifications 202

Their disappearance 203

Causes of this 204

Opinion of non-churchmen . 205

The free person of color 206

Negro emancipation discouraged 207

The free negro in the North 208

The State not conceived as altruistic 209

The rising discontent 210

Chapter VIII The First Migration West

The fireside stories of the Northwest 211

Settlement of the Triangle 212

The approaches to the new Northwest 213

Two streams of population converging upon the Chautauqua

country 214

William H. Seward, the Holland Land Company, and the

settlers on its lands . . . . . 215

Trade and travel on Lake Erie 216

Smuggling and the embargo 217

The home of a pioneer 218

Early industries in the Chautauqua country 219

On the circuit 220

Presbyterians and Methodists 221

The frontier store 222

Physicians and school-masters 222, 223

The first court 223

The first mails from Buffalo westward 224

Child life , 224

Politics and religion 225

Social distinctions on the frontier 225, 226

Slavery in the Northwest 226

Purchase of Louisiana 227

The purchase changed the history of the United States . . 228 Organization of the Territory of Ohio and first provision for

free public schools 229, 230

Territory of Michigan and of Illinois organized 231

Congress prescribes a property qualification for voters . .231 Indian war on the frontier ; Harrison and Jackson .... 232

The barrier to the West removed 233

Influx of immigrants ; Alabama and Mississippi organized . 234

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Four new States — Indiana, Mississippi, Illinois, Alabama ;

Louisiana; Missouri 235

Maine, Arkansas ; the United States takes military possession

of Florida 236, 237

Admission of Missouri 237

All territory east of the Mississippi organized under local

civil authority 238, 239

Chapter IX From The Alleghanies To The Missis- Sippi

The advancing frontier in 1800 240

Who shall control the channels of commerce ? 241

The outposts of the country in 1800 242

Louisiana an unknown land 243

Shall the Ordinance of 1787 be repealed ? 244, 245

Objections to the admission of Louisiana 246

Organization of the Territories of Orleans and Louisiana . 247

The new Missouri Territory 248

State making, Indiana 249

Illinois 250

Extension of the Ordinance of 1787 251

The Missouri controversy 252

View of the country in 1820 253

Florida purchased 254

What is the western boundary of the United States? . . . 255

Changes in Michigan Territory 256

The boundary commissions of 1822 257

Independence of Texas 258

The organization of new Territories and States keeps pace

with the movements and increase of population . 258, 259

The founding of Chicago 259, 260

The Indian tribes and the immigrants 261

New men and new public issues 262

Extension of the franchise 263

The epoch-making West 264

Homeric quality of life on the frontier 265

The East and the West view the national government in

different lights 266

Chapter X Federal Relations — Missouri Page

The guarantee of property rights in the treaty of 1803 . . . 267 Critical application of the guarantee in the request of Missouri for admission into the Union 268

Tallmadge of New York proposes a clause restricting

slavery . 269

Has Congress the power to restrict ? 270

Is slavery detrimental to a State ? 271

What is a republican form of government ? 272

Some provisions in the Constitution not applicable to new

States 273

Difference between migration and importation 274

A blow for emancipation 275

The attack on slavery an attack on property 276

Proposed line of demarcation for slavery 277, 278

Popular excitement over the Missouri question 279

A new element in the question ; Maine 280

The Maine-Missouri bill in the Senate 281

Slavery restriction (the Taylor amendment) discussed in the

House 282

The two Houses in conference 283

Prospect of disunion, 'T~"7 V 284

Stubborn fight for free soil 285

Thomas H. Benton the author of the objectionable clause

in the Missouri constitution 286

Its conflict with the national Constitution 287

Can Congress prescribe conditions for a new State? . . . 288 Let the Supreme Court decide doubtful questions .... 289

Who are citizens ? 290

Increase in the number of free persons of color 291

Can a new State exclude free negroes ? 292

They are not citizens in the meaning of the Constitution. . 293

The assertion controverted 294

No discrimination in the national Constitution 295

Is Missouri a Territory or a State ? 296, 297

The imposition of a condition, by Congress, on a State contrary to precedent 298

What privileges have black citizens ? 299

Clay's compromise 300, 301

General Pinckney's testimony to the meaning of the fourth

article of the Constitution 302

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Firm stand of the restrictionists 303

Shall the electoral vote of Missouri be counted ? . . . 303, 304

Tumult and confusion in the House 305, 306

Clay's peaceful efforts 307

The question at the root of the Missouri controversy . 308, 309

Powers of Congress 310,311

Arguments against them and for them 311,312,313

Opinions of John Jay and Daniel Webster 313.314

Triumph of the " Doctrine of '98 " in the settlement of the

Missouri controversy 315

Chapter XI Beyond The Mississippi

The Arkansas constitution of 1836 316,317

The Michigan constitution of 1835 318

The Indian Country 319

Wisconsin organized 320

Iowa organized 321

Westward movement of the frontier 322

The era of internal improvement begins 323

Abraham Lincoln's first political circular (internal improvements, banking, schools) 324-328

The demands of the West 329-330

His second circular 330, 331

The State mortgaged for internal improvements 331

Collapse and repudiation 332

The American people in 1830 333

The effects of the panic of 1837 334

Mexico, Texas, and the United States 335

The South eager to recognize Texan independence .... 336

Opposing sentiment in the country 337~34°

State sovereignty notions in Maine and Massachusetts drawn

out by the boundary dispute with Great Britain . 340, 341 Treaties with Russia and Mexico ; immigration to Texas . . 342

Texas and its constitution 343, 344

Wisconsin admitted 345

California 345, 346

Organization of Minnesota and Oregon 347

Organization of Utah and New Mexico 348

The changes of three-quarters of a century, 1776-1850 . . . 349

Foreign immigration 350

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Building up the cities of the West 351

The homes of the people 352

The churches and the great preachers 353

Character of the population 354

Slave soil hemmed in by free labor 355

Chapter XII A People Without A Country

The oppressors and the oppressed 356

The false tenets of American democracy 357

When the slave became a political factor 358

The anomaly of free negroes and negro slaves in a democracy 359

Free negroes in New England 360

The penalties of emancipation . . • 361

Laws keeping free negroes in intellectual bondage .... 362

Rapid increase of free negroes 363

Relative increase of hostile legislation 364

Ostracism of the free negro North and South ...... 365

His condition often worse than that of the slave 366

Flight of the free negro into the wilderness 367

The free negro a standing incentive to servile insurrection . 368

Free negroes treated as runaway slaves 369

Case of the slave " Isaac " 370

New York admits free negroes to the franchise in 182 1 . .371

Reason for this liberal innovation 372

Exclusion of the class from the schools, North and

Prudence Crandall's free school 373, 374

Discrimination in Ohio 375

Change of public opinion in Ohio 376

California and the free negro ; resolutions of the States 377, 378

Foreign immigrants cow the negro voter 379

The underground railroad 380

Hatred of the negro in the North 381, 382

He was classed with the criminal population 383

Admitted to the church, excluded from the industries . . . 384

The struggle for free public schools 385

Slavery muzzles free speech 386

The cost of slavery 387

The new West frowns on the free negro . . 388

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The migration of the free negro follows the law of climate in

spite of acts of legislatures 389

Selfishness at the bottom of racial hostility 390

Race prejudice in California in 1849 391

The States on the threshold of division along color lines,

Northern ameliorative measures for the negro 393

They were dictated by self-interest 394

Exigencies compel concessions 395

Questions pressing to the front whenever a Territory seeks

admission into the Union 396

Sources of our knowledge of the evolution of the American

constitutions 397

Typical States, North, South, East, and West 398

Collapse of slaveocracy before free labor 399

Chapter XIII Democracy In A Gulf State; 1845— Louisi- Ana

Reforms demanded in Louisiana 400

Character of the population 401

The foreign-born element 402

Position of foreigners in slave States 403

What influences dictated the qualifications of the voter ? . . 404

Representation on the federal principle 405

The economic aids to good government 406

Sovereignty not in the people 407

The question of residence 408

Native-Americanism 409

A confusion of precedents 410

The rule of wealth 411

The question of a property qualification 412

Residential qualifications for office 413

Discrimination against the citizens of other States .... 414

Universal citizenship 415

Immigration to the State must be encouraged 416

The commercial importance of New Orleans 417

A State must judge of its own best interests 418

Citizens without naturalization 419

The dangers of Native-Americanism 420

Evil example of the Hartford Convention 421

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New elements of political strife 422

Liberal principles of our early statesmen 423

Many of the " fathers " were alien born 424

Judah P. Benjamin warns the State against the abolitionists . 425

Slavery excluded foreign immigration 426

Cosmopolitan character of Louisiana 427

The doctrine of universal suffrage exploded 428

Shall man or property vote ? 429

Increase the number of freeholders * . 430

Chapter XIV The Basis Of Representation

Shall the laboring man be allowed to vote ? 431

Evil of an extended franchise portrayed 432

Is not a property qualification for the voter a detriment to

the State ? 433

The power of Virginia as a precedent 434

The South and its antagonistic population 435

Evils of the single district system pointed out 436

Where the federal number failed 437

The city vote vs. the country vote 438

Jefferson's Notes on Virginia cited 439

Influence of Jefferson's ideas 440

The congested power of large cities 441

Political power should be diffused through the State . . . 442

The negro beyond the pale of politics 443

The equities of representation 444

The federal basis and agricultural interests 445

Relative wealth of the cities and the country 446

In restraint of municipal power 447

Instances of restraint in other States 448, 449

Fact and fiction count in making a State constitution . . . 450

Native- American ism and the naturalized citizen 451

Right of a State to discriminate among its citizens .... 452

Supremacy of Congress and the Constitution 453

As to national citizenship . . . 454