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Chapter XLV: Section 2: The Congress shall have power to enforce this article by

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appropriate legislation.

[xvi][197]

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the States, and without regard to any census or enumeration.

[xvii][198]

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill vacancies: Provided, that the Legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as a part of the Constitution.

FOOTNOTES:

[157] The Federalist side is presented in books which should be accessible in reference libraries, much more fully than can possibly be reproduced here. Space is given for only three documents which indicate something of the opposition.

[158] "Necessary and proper." Mason almost alone saw the possibilities of change in this clause. Cf. No. 164 below.

[159] Cf. _American History and Government_, # 211.

[160] _Ib._, # 204 _a_.

[161] Modified by the Fifteenth Amendment; and cf. _American History and Government_, # 209

[162] The abolition of slavery has rendered obsolete the clauses within brackets in this paragraph.

[163] Cf. _American History and Government_, # 205 _b_. The first census was taken in 1790, the second year of the new government, and one has been taken in the closing year of each decade since.

[164] The First Congress made the number 33,000. It is now (1911) 193,284.

[165] Superseded by the Seventeenth Amendment.

[166] Precedents for this principle of "partial renewals" were found in several State Constitutions.

[167] What is the antecedent?

[168] A law of 1872 requires all Representatives to be chosen on "the Tuesday next after the first Monday in November" in each even-numbered year; and a law of 1871 had already ordered that all such elections should be by ballot. An Act of 1866 provided a uniform method of electing Senators: the legislation of each state (in which such an election is to be made) to vote first _in separate Houses_, and, if no one candidate received a majority in each House, then thereafter in _joint_ session, taking at least one ballot daily until some candidate received a majority, or until the legislative session came to an end without an election. Forty-seven years later (1913), this law was superseded by the Seventeenth Amendment.

[169] How does this compare with the rule of the Articles of Confederation?

[170] This paragraph, designed to prevent corruption by direct use of the executive patronage, was vehemently opposed by Hamilton and Gouverneur Morris. See also a similar clause in Articles of Confederation.

[171] The first veto provision in a State Constitution (New York, 1777) ran as follows:--

"Section III. And whereas laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed: Be it ordained that the governor for the time being, the chancellor, and the judges of the supreme court, or any two of them together with the governor, shall be and hereby are constituted a council to revise all bills about to be passed into laws by the legislature. ... [Provision for veto procedure and reconsideration in language essentially the same as in Massachusetts provision given below.]

"And in order to prevent unnecessary delays, be it further ordained that if any bill shall not be returned by the council within ten days after it shall have been presented, the same shall be a law, unless the Legislature shall, by their adjournment, render a return of the said bill within ten days impracticable; in which case the bill shall be returned on the first day of the Legislature after the expiration of the ten days."

The Veto Provision in the Massachusetts Constitution of 1780 ran:--

"Article II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whatsoever the same shall have originated, who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve; but if after such reconsideration, two-thirds of the said senate or house of representatives shall, notwithstanding the objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, when it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of law; but in all such cases, the vote of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the said bill or resolve shall be entered upon the public records of the Commonwealth.

"And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of law."

The Virginia Plan recommended essentially the New York method. The Massachusetts delegates at Philadelphia, however, contended strenuously for the plan in use in their State, and finally carried their point. The "pocket-veto" clause (the last provision of the text above) was original in the Federal Constitution.

[172] Observe punctuation and paragraphing; and see for comment _American History and Government_, # 204 a.

[173] Citizenship, in practice, comes by birth or by admission by a court of record under authority of a law of Congress. Two classes of people are citizens by birth: (1) according to the Fourteenth Amendment, all who are born within the limits of the United States (except children of official representatives of foreign states, of a foreign army occupying part of our territory); (2) according to a law of Congress, all who are born of parents who are American citizens but who were temporarily residing abroad. No one not included in one of the above classes can become a citizen except by (1) a special Act of Congress, or (2) by admission by a court of record under authority of the general law passed by Congress. That law has varied from time to time (cf. index, for some of the more important variations); but the usual period of residence required for an alien, previous to admission, has been five years,--which is also the present requirement (1913). The present law (passed in 1906) requires also a two years' previous "notice of intention," and excludes all who cannot "speak" English (unless homesteaders), all polygamists, and all who disbelieve in "organized government." Some States, however, permit aliens to vote after receiving their "first papers,"--_i.e._, after making the preliminary "declaration of intention," before a clerk of court. The final admission rests with a judge,--who _may_ make his examination of the applicant rigid or a mere matter of form. The power has been sometimes abused for political purposes, both in excluding and in admitting unfit aliens.

[174] For comment and reference, see _American History and Government_, ## 204 _b_, 222, 280 _b_. Cf. also with enumeration of powers in Articles of Confederation.

[175] Modified, so far as "direct" income taxes are concerned, by the Sixteenth Amendment.

[176] With what clause in Section 8 might this paragraph have been combined?

[177] Additional prohibitions upon the States are contained in the Thirteenth, Fourteenth, and Fifteenth Amendments, just as certain additional prohibitions upon Congress are contained in Amendments 1-8. Compare with Section 10 the summary of prohibitions upon the State in the Articles of Confederation.

[178] Superseded by Twelfth Amendment, which might have been _substituted_ for this paragraph in the body of the document.

[179] In 1792, Congress provided that the president pro tem of the Senate should be next in succession, and after him the Speaker of the House. In 1886 (Jan. 19), this undesirable law was supplanted by a new one, placing the succession (after the Vice President) in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior. Cannot the student see on what ground these officers are named in this order? Cf. _American History and Government_, # 215 and note. This provides securely against any interregnum, and (what is almost as important) against a transfer by accident to an opposite political party.

[180] What is the antecedent of "them"? The salary of George Washington was fixed by the First Congress at $25,000. This amount remained unchanged until 1871, when it was made $50,000. In 1909, the salary was raised to $75,000. Large allowances are made also, in these latter days, for expenses of various sorts,--one item of $25,000 for instance, for traveling expenses,--which is the reason the salary is commonly referred to as $100,000.

[181] For the development of the "Cabinet," cf. _American History and Government_, # 215.

[182] _Ib._, # 214, for different views, at the beginning of the government, as to this clause, and for the settlement in practice.

[183] Limited by the Eleventh Amendment to cases begun by a State as plaintiff. Cf. _American History and Government_, # 218.

[184] The last three paragraphs of this section might have been included advantageously in a "bill of rights." What preceding paragraphs might have been so disposed of?

[185] Extended by Fourteenth Amendment.

[186] Superseded by Thirteenth Amendment so far as it relates to slaves.

[187] On the significance of this language as to Territory, cf. _American History and Government_, # 260 _c_.

[188] Article V, as far as to the brackets, should be committed to memory. Note the _four_ varieties of amendment provided. Only one has ever been used (1913). Congress has always proposed, and State legislatures ratified. On the amending clause in general, cf. index to _American History and Government_.

[189] On the history of this clause, cf. # 207 _a_.

[190] Originally, the first twelve amendments were not numbered in the official manuscripts.

[191] These first ten amendments were in force after November 3, 1791. Cf. comment in _American History and Government_, # 216. They are usually referred to as the Bill of Rights. It is a suggestive exercise to rewrite the "bill of rights," incorporating all those features of that character which are included in the body of the Constitution.

[192] Proclaimed to be in force January 8, 1798. For the history, cf. _Ib._, # 217.

[193] Proclaimed in force September 25, 1804. Cf. _Ib._, # 241.

[194] Proclaimed in force December 18, 1865. On Amendments Thirteen to Fifteen inclusive, cf. _Ib._, ##377, 385 ff.

[195] Proclaimed in force July 28, 1868.

[196] Proclaimed in force March 30, 1870.

[197] Ratified in 1913, while these pages were at press.

[198] Ratified in 1913, while these pages were at press.

INDEX OF SOURCES

The _Writings_ of statesmen or the _Records_ of a colony are sometimes indexed twice,--once by title, under the name of the subject, and once by the name of the editor. The latter is done, however, only in cases where it is customary to quote the work with the editor's name, as with =Hening's= _Statutes_. Authors' and editors' names, when standing first, are in =heavy-faced type=. Titles, even when the work is indexed by title rather than by editor, are in _italics_. Each entry closes with a list of the selections in this volume which are based upon it. In many cases the introduction to the first number in each such list contains additional bibliographical material, when it seems worth while to present such material anywhere.

_Adams, John, The Works of_ (Boston; 10 vols.; edited by Charles
Francis Adams). Nos. 130 _a_, _b_, _c_, 146.

_Adams, John, Letters of, addressed to his Wife_ (Boston; 2 vols.).
No. 138 _b_.

=Arber, Edward= (editor), _The Story of the Pilgrim Fathers_
(London). No. 48 _a_.

=Arnold, Samuel Greene=, _History of Rhode Island_ (Providence; 2
vols.). No. 90.

"Aspinwall Papers," the, in _Massachusetts Historical Society
Collections_, 4th series, IX. No. 31 _b_.

=Bacon= (editor), _The Laws of Maryland_. See _Maryland_.

=Bancroft, George=, _History of the Constitution_ (New York, 2
vols.). No. 162.

=Besse, Joseph=, _A Collection of the Sufferings of the People
called Quakers_ (London; 1753). No. 88.

_Boston Town Records_ (Report of the Record Commissioners for
1887). No. 122.

=Bradford, William=, _Plymouth Plantation_ ("Original Narratives"
edition). Nos. 43, 44, 45.

=British Record Office=, The manuscript _Charter_ of the Company of
Westminster for the Plantation of Providence Isle. No. 55.

=Brown, Alexander=, _The First Republic in America_ (Houghton). No.
3, note.

---- _Genesis of the United States_ (Houghton; 2 vols.). Nos. 4, 5,
7, 10, 18, 22.

=Burroughs, Edward=, _A Declaration of the Sad and Great
Persecution and Martyrdom of Quakers in New England_ (London;
1660). No. 88 _b_.

_Calendar of State Papers, Colonial Series, 1574-1660_ (W. Noel
Sainsbury, editor). No. 55.

=Calvin, John=, _Institutes_ (the translation of 1813, London). No.
61.

_Congress, Journals of the Continental_ (Ford edition). Nos. 130
_c_, _d_, 138 _a_, 140, 141. Ib. (Philadelphia edition, 1801).
No. 148, _a_, _b_.

_Connecticut, Colonial Records of_ (Hartford; 15 vols.). Nos. 93,
97.

_Documentary History of the Constitution_, (Washington; Government
Printing Office; 4 vols.). No. 153.

_Dorchester Town Records_ (edited by the Boston Record
Commissioners). Nos. 66, 81.

=Drayton, Michael=, _Poems_ (London; 1619). No. 4.

=Eddes, William=, _Letters from America_ (London; 1792). No. 116.

_Federal Convention, The Records of the_ (edited by Farrand). 3
vols. Nos. 155, 156, 157, 158, 160, 163.

=Force, Peter= (editor), _American Archives, Fourth Series_
(Washington; 6 vols.). Nos. 125 _a_, 127, 128 _a_, _b_, _c_, 129
_a_, _b_, _c_, _d_, _e_, 131, 132 _a_, _b_, 134, 135.

---- _Historical Tracts_ (Washington; 1836; 4 vols.). Nos. 6, 9,
23, 26, 62 _c_.

_Franklin, Benjamin, The Works of_ (Smyth edition; Putnam's; 10
vols.). No. 114 _a_.

"Goodspeed to Virginia" (in Brown's _Genesis of the United
States_). No. 5.

=Gorges, Sir Ferdinando=, "Briefe Narration," _Massachusetts
Historical Society Collections_, 3d series, VI. Nos. 51 _a_, 53
note.

=Hakluyt, Richard=, _Voyages ... and Discoveries of the English
Nation_ (published in 1589; quoted here from the Goldschmid
edition). Nos. 2, 15.

---- _A Discourse on Western Planting_ (republished in the _Maine
Historical Society Collections_, 2d series, II). No. 3.

_Hamilton, Alexander, The Works of_ (Federalist edition; Putnam's;
12 vols.). No. 159.

=Hazard, Ebenezer= (editor), _Historical Collections of State
Papers_. (Commonly quoted as Hazard's _State Papers_. Washington,
1792; 2 vols.). Nos. 29, 30, 39 _a_, _b_, 42, 46 addendum, 51 _a_.

=Hazard, Samuel= (editor); _Annals of Pennsylvania_ (Philadelphia).
No. 103.

=Hening, William W.= (editor), _Statutes at Large, being a
Collection of the Laws of Virginia_. (Richmond, 1823; 13 vols.)
Nos. 17, 31, 33, 34, 35, 105, 106, 109.

=Higginson, Francis=, "Relation of New England's Plantation" (1629;
reprinted in Young's _Chronicles of Massachusetts Bay_). No. 59
_d_.

=Holinshed, Raphael=, _Chronicles of England, Scotland, and
Ireland_ (London; 1577). No. 1.

=Hutchinson, Thomas= (editor), _Collection of Original Papers_
(published as a third volume, in the nature of an appendix, of
his _History of Massachusetts Bay_). Nos. 53, 58 _b_, 59 _a_, 76
_a_, 86, 110.

---- _History of Massachusetts Bay_ (London; 1769). Nos. 60 _a_,
75, 76 _b_, 92.

_Jefferson, Thomas, The Writings of_ (Ford edition; Putnams; 10
vols.). Nos. 123 _a_, 136 addendum.

_Jefferson, Thomas, The Works of_ (Washington edition; 9 vols.).
No. 125 _b_.

=Johnson, Captain Edward=, _The Wonder-working Providence of Sions
Saviour in New England_ (London; 1654). No. 54 _b_.

=Kingsbury, Susan= (editor), _Records of the Virginia Company of
London_ (Washington, 1906). See _Virginia_.

=Lechford, Thomas=, _Plaine Dealing_ (1641; republished in
_Massachusetts Historical Society Collections_). No. 85.

=Madison, James=, _Journal of the Philadelphia Convention_ (also in
=Farrand's= _Records of the Federal Convention_). Nos. 159, 161.

=Marston, John=, _Eastward Hoe!_ (London; 1605). No. 8.

_Maryland, Proceedings of the Conventions of_ (Baltimore). No. 139.

_Mason, George, Life and Correspondence of_ (by Kate Mason Rowland;
2 vols.). Nos. 121 note, 136 addendum, 162.

_Massachusetts, Colonial Records of_ (Boston; 7 vols.; edited by
Nathaniel Shurtleff). Nos. 53, 57, 58 _a_, _c_, 65, 72, 75 _b_,
80 addendum, 82.

_Massachusetts, Historical Society Collections._ Nos. 31 _b_, 41,
47, 53, 85, 107.

_Massachusetts Bay, Acts and Resolves of the Province of_ (Boston;
7 vols.) 110 _b_.

=Minot, George Richards=, _History of the Insurrections in
Massachusetts in the Year MDCCLXXXVI_ (Worcester; 1788). No. 151
_b_.

=Moore, Frank= (editor), _Diary of the American Revolution_
(Scribner's; 2 vols.). No. 142 _b_.

_Morris, Gouverneur, Life and Writings of_ (Sparks' edition; 3
vols.). No. 150.

=Neill, Edward D.=, _The Virginia Company_ (Albany, N. Y.; 1869).
No. 18.

---- _Virginia and Virginiola_ (Albany, N. Y.; 1878). No. 11.

_New Hampshire, Provincial Papers of_ (Concord; by a series of
editors). No. 110.

_New Haven, Colonial Records of_ (Hartford, 2 vols.). No. 94.

_New Jersey Archives, First Series, Vols. XXV and XXVII_
("Newspaper Extracts" for 1769-1770 and 1770-1771). Nos. 117, 120
_d_.

_New York, Documents relative to the Colonial History of_ (by a
series of editors). Nos. 99, 101, 111 _d_, 114 _b_.

=Niles, Hezekiah=, _Principles and Acts of the Revolution in
America_ (Baltimore; 1822). No. 142 _c_.

_North Carolina, Colonial Records of_ (Raleigh; 10 vols.; edited by
W. L. Saunders). No. 111 _a_.

_Nova Britannia_ (London; 1609; republished in Force's _Historical
Tracts_). Nos. 6, 20.

=Peckham, Sir George=, _True Report_ [of Gilbert's Voyage], (1582;
republished in Hakluyt's _Voyages_). No. 2.

_Pennsylvania, Charters and Laws of_ (Harrisburg; 1879). No. 102.

_Plymouth Colony, Records of_ (Boston; 12 vols.). Nos. 94, 95, 96.

=Poore, Benjamin Perley= (editor), _Charters and Constitutions_
(Washington; Government Printing Office). No. 15.

=Purchas, Samuel=, _Purchas his Pilgrimes_ (1625; London; 4 vols.).
No. 19 _a_.

=Ramsey, David=, _History of the American Revolution_ (1789; 2
vols.). No. 145.

_Rhode Island, Colonial Records of_ (Providence; 10 vols.). Nos.
91, 98.

=Rowland, Kate Mason=, _Life and Correspondence of George Mason_
(New York; 2 vols.). See _George Mason_.

=Scharf, J. Thomas=, _History of Maryland_ (Philadelphia; 3 vols.).
Nos. 36, 38.

=Scharf and Westcott=, _History of Philadelphia_ (Philadelphia; 3
vols.). Nos. 124, 143.

_Smith, Captain John, Complete Works of_ (Birmingham edition). Nos.
13, 14, 48 _b_, 60 _b_.

_Statutes at Large, from Magna Carta to 1869_ (Cambridge,
110 vols.; commonly quoted, from the editor, as Pickering's
_Statutes_). Nos. 100 _c_, 118, 119.

=Stith, William=, _History of Virginia_, (1747; edited by Sabin and
reprinted in 1865). Nos. 16, 20, 21.

=Thorpe, Francis= (editor), _American Charters and Constitutions_
(Washington; Government Printing Office; 7 vols.). No. 15.

=Tyler, Moses Coit=, _Literary History of the American Revolution_
(Putnam's; 2 vols.). 144.

_United States, Revised Statutes of_ (1878). No. 147.

_Virginia, Calendar of State Papers of_ (Richmond; 11 vols.). No.
133.

_Virginia, Colonial Records of_ (edited by Wynne and Gilman). No.
25.

_Virginia, Journals of the House of Burgesses of_ (Putnam's; 10
vols.). Nos. 120 _a_, _b_, _c_, 123 _b_, 125 _c_, _d_, _e_, _f_.

_Virginia Company of London, Records of the_ (Washington; 1906; 2
vols.; edited by Susan Kingsbury). Nos. 12, 24, 26, 28.

_Virginia Magazine of History and Biography_ (Richmond). Nos. 31
_b_, 37 _a_, _b_, _c_, 108.

=Ward, Nathaniel=, _The Simple Cobbler of Aggawamm_ (London; 1647).
No. 84 _a_.

_Washington, George, The Writings of_ (Washington edition). Nos.
121 _b_, 151 _b_.

_Watertown, Records of the Town of._ No. 83.

=White, John=, _Brief Relation_ (1630; reprinted in Young's
_Chronicles_). No. 56.

=Whitmore, W. H.=, _Bibliographical Sketch of the Laws of the
Massachusetts Colony_ (Boston). No. 78.

=Winthrop, John=, _History of New England_ ("Original Narratives"
edition). Nos. 62, 64, 67, 68, 69, 70, 71, 73, 74, 77, 79, 80.

_Winthrop, John, Life and Letters of_ (Boston; 2 vols.; edited by
Robert C. Winthrop). Nos. 59 _a_, _b_, _c_, 62 _b_.

_Writings of Lace_ (a series of letters from Federalists attacking
John Hancock in the campaign of 1789). No. 164.

=Young, Alexander= (editor), _Chronicles of Massachusetts_ (Boston;
1846). Nos. 56, 59 _d_.

=Zenger, John Peter=, _Brief Narrative of the Case and Tryall of
John Peter Zenger_ (New York; 1738). No. 113.

SUBJECT INDEX

_The references are to the numbers of selections, not to pages._

=Adams, John=, account of debates in Continental Congress, 130 _a_;
impressions of First Continental Congress, 130 _b_;
on resolution of Congress of May 15, 1776, for State governments
138 _b_;
on first independent government in South Carolina, _ib._;
on anti-social tendencies of pre-Revolutionary measures (the
horse-jockey client), 142.

=Aggawamm=, the Simple Cobbler of, see _Ward_.

=Albany Plan=, the, for union of colonies, 114 _a_ and _b_.

=Albion, Charter of the Province of= (1634), representative feature, 39.

=Annapolis Convention=, the, regarded as part of an aristocratic
plot, 152;
its call for the Federal Convention, 153.

=Avalon, Baltimore's colony of=, 36;
charter the first royal grant recognizing popular government, 38, 39.

=Bacon, Nathaniel=, Rebellion, 106-109;
"Bacon's laws," 106;
Bacon's Proclamation, 107;
causes of rebellion, 108;
reforms of, abolished, 109.

=Ballot=, used by London Company in England, 23, 28 (2), 28 (3);
used in Massachusetts first, 67 _a_, note;
adopted legally for general elections in Massachusetts General
Court, 70;
used for secrecy in a Boston town election, 71;
develops from "proxies,", 73.

=Baltimore, First Lord=, the, letter from Avalon to Charles I, 36.

=Berkeley, Sir William=, Commission of 1641 authorizing the Assembly,
32 _a_;
report of 1671 on conditions in Virginia, 104.
See _Bacon_.

=Bill of Rights=, the first, in Virginia (June, 1776), 136.

"=Body of Liberties=," the (of Massachusetts), 77, 78.

=Boston Port Bill=, effect in Virginia, 125.

=Boston town meeting=, and colonial politics, 111 _c_; 122.

=Bradford, William=, charter from New England Council, 49;
surrender of charter to colonists, 50.

=Cambridge Agreement=, the, 58 _b_.

=Charter colonies=, recommendation of Board of Trade to abolish, 111 _a_.

=Charters=,
_Royal to Proprietors_;
Gilbert's, of 1578 (and Raleigh's of 1584), 15;
Baltimore's for Maryland, 37;
for Avalon, 38;
for New Albion and Maine, 39;
Duke of York's for New York, 101;
Penn's for Pennsylvania, 102.
_Royal to proprietary corporations in England_:
First Virginia Charter (to London and Plymouth branches of a
colonizing company), 16;
Second Charter, 20;
Third Charter, 21;
to New England Council (1620), 42;
to Massachusetts Bay Company, 53;
to Company of Westminster for Providence Isle, 55.
_Royal to "corporations upon the place"_:
parliamentary to Williams in 1648, 91;
Connecticut Charter of 1662, 97;
Rhode Island (1663), 98;

Massachusetts (1691), 110.
_From proprietary corporations or proprietors to settlers_:
Virginia Company of London to Virginians, 25, 27;
to intending Pilgrim settlers (Wincob charter), 43, 45;
New England Council to Pierce for Plymouth, 47;
to Bradford, 49;
to Robert Gorges as proprietor in Massachusetts, 51;
Penn's grants to Pennsylvanians--Laws agreed upon in England,
103 _a_;
Charter of 1701, 103 _b_.

=Child, Robert=, demand for the franchise in Massachusetts for
Presbyterians, 86.

=Christison, Wenlock=, trial as a Quaker, 88 _b_.

=Colonial Department= (English), established, 99.

=Colonization=, hardships, of Baltimore in Avalon, 36;
at Jamestown, 19;
in Massachusetts Bay, 62 _a_, _b_, _c_.

=Committees of Correspondence= (Revolutionary), towns in
Massachusetts, 122;
intercolonial--Jefferson's account of creation, 123;
resolution of Virginia, Burgesses for, 123 _b_;
correspondence of, 123 _c_;
and regarding call for Continental Congress, 125 _f_.

=Confederation=, New England, 94, 95, 96;
Franklin's "Albany Plan," 114;
Continental Congress, 125 ff.;
debates in Congress regarding character of, 146;
the Articles, 147;
anarchy under, 150, 151.

=Connecticut=, Fundamental Orders, 93;
charter, 97;
refusal to accept a royal commander of militia, 111 _d_.

=Connecticut Compromise=, in the Federal Convention, 161.

=Constitution, the Federal=, Annapolis Convention, 152;
call for Philadelphia Convention, 153;
credentials of delegates, 154;
George Mason on preliminaries and on aristocratic forces in, 155, 157;
Virginia Plan,
156;
New Jersey Plan, 158;
Hamilton's Plan, 159;
the critical day's debate on the Connecticut Compromise, 161;
ratification, 162 ff.;
document and amendments, 165.

=Continental Congress, the First=, proposed by Virginia ex-Burgesses,
125 _e_;
Rhode Island appoints delegates, 125 _f_;
"called" by Massachusetts, 126;
suggested also by Virginia county, 127;
method of voting decided, 130 _a_;
Adams' impressions of, 130 _b_;
Declaration of Rights, 130 _c_;
and the Association, 130 _d_.

=Cotton, Rev. John=, denounces democracy, 67 _a_, 71, 75 (addendum);
letter to English lords on Massachusetts conditions, 75;
on rules of fair trade, 79;
against toleration, 84 _c_.

=Crashaw=, "Daily Prayer," for use in Virginia, 9;
sermon before Delaware's expedition (on players), 10.

=Cushman, Robert=, to Pastor Robinson, 43.

=Dale, Sir Thomas=, to London Company, on glories of Virginia, 12.

=Dates=, New Style and Old, 21.

=Democracy=, decried by Puritan leaders: Calvin, 61;
Cotton and Winthrop, 67 _a_, 71, 75 (addendum), 77, 80;
and sumptuary legislation in Massachusetts, 75 _b_;
denounced by Hamilton in Federal Convention, 159;
establishes government by town meeting, 66.

=Dorchester=, school code, 81.

=Drayton=, _Ode to the Virginian Voyage_, 4.

=Ducking stool=, the, 115.

=Dudley, Thomas=, to Countess of Lincoln on first winter in
Massachusetts, 62 _c_.

"=Eastward Hoe!=", 8.

=Exeter=, "Combination of Settlers" at, 46 (addendum).

=Fairfax County= (Virginia), resolutions for First Continental
Congress, 129 _b_;
for Revolutionary militia, 132.

=Fauquier, Francis= (Governor of Virginia), to Lords of Trade, on
resignation of Mercer, Stamp Distributor, 120 _c_.

=Fletcher= (Governor of New York), and Connecticut militia, 111 _d_.

=Franchise=, in Virginia, 35, 105, 107, 109;
in Massachusetts, denied to Presbyterians, 86.

=Frankland, State of=, 148.

=Franklin, Benjamin=, Albany plan of, 114 _a_ and _b_;
characterized in Federal Convention by Pierce, 160.

=Free speech=, denied in Massachusetts in 1635, 69, 77;
vindicated in New York in Zenger trial, 113.

=French Alliance=, the Conservatives' fear of, 144.

"=Gentlemen=," in 16th century England, 1;
in early Virginia, 19 _b_;
in colonial Massachusetts, 75 _a_ and _b_.

=Georgia=, credentials of delegates to Federal Convention, 154.

=Gilbert, Sir Humphrey=, charter, 15.

"=Goodspeed to Virginia=," on motives for colonization, 5.

=Gorges, Sir Ferdinando=, and grant of Massachusetts, 39 _b_;
and reorganization of Plymouth Council, 42;
"Briefe Narration" of, 51 _a_, 53 note.

=Gorges, Robert=, grant from Plymouth Council (representative
features), 51 _a_, 53 note.

=Hakluyt, Rev. Richard=, on motives for colonization, 3.

=Hamilton, Alexander=, plan for the Constitution (denunciation of
democracy), 159;
character sketch of, in Federal Convention, 160.

=Hamilton, James=, and the Zenger trial, 113.

=Hancock, John=, and inducement to favor the Constitution, 164.

=Harvey, Sir John=, "Propositions for Virginia," suggesting
restoration of the Assembly, 32 _a_.

=Henry, Patrick=, Stamp Act Resolutions, 120 _a_;
creation of Committees of Correspondence, 123 _a_;
and call for First Continental Congress, 125 _b_;
in debates in Congress ("I am not a Virginian"), 130 _a_.

=Higginson, Rev. Francis=, Agreement with Massachusetts Company, 56;
_Relation_, 59 _d_.

=Higginson, Stephen=, on John Hancock and ratification of
Constitution, 164.

=Hutchinson, Thomas=, and Boston town meeting, 122.

=Indentured servants=, see _White servants_.

=Independence=, Virginia county instructions for, 134;
Virginia Convention, instructions for, 135;
Virginia Declaration of, 137;
Congressional resolutions for independent State governments,
138 _a_ and _b_;
State instructions against, 139;
Lee's motion for in Congress, 140;
the Declaration, 140;
sets free social forces, 145.

=Industry in common=, in early Virginia, 17, 18;
in Plymouth, 44.

=James I=, instructions to Jamestown expedition, 17;
attempts to control elections in London Company, 28.

=Jefferson, Thomas=, proposition for the franchise in first Virginia
constitution, 136 (addendum);
and Virginia declaration of independence, 137;
and Declaration of July 4, 141;
and Ordinance of 1784, 148 _a_.

=Keayne, Captain Robert=, and exorbitant trading profits, 79;
and
the "sow business" in Massachusetts, 80.

=Laborers=, in England, 1;
in Massachusetts and wage legislation, 65;
condition of White servants in 1774, 116, 117.

=Laws=, of Virginia in 1619, 25;
Plymouth code of 1636, 50;
of early Massachusetts, 65;
sumptuary discrimination against classes below the gentry, 75;
the "Body of Liberties," 78;
later Virginian, 105, 106;
late colonial, regarding White servants, 117.

=Lee, Richard Henry=, and county resolutions against Stamp Act, 120 _b_;
and creation of Committees of Correspondence, 123 _a_;
and call for First Continental Congress, 125 _b_;
and Westmoreland County resolutions, 129 _a_;
and motion for independence, 140.

=Local Government=, see _Town meeting_.

=London Company=, see _Virginia Company_.

=Loyalists= (in Revolution), parody "to sign or not to sign," 142 _b_;
correspondence with a committee of safety, 143;
pretended diary to show danger in French alliance, 144.
See _Mob violence_.

=Maine=, grant of to Gorges (representative government), 39 _b_.

=Maryland=, early, 36, 37, 38, 39, 40;
Second Provincial Convention of, a government, 132 (introduction);
instructions against independence, 139.

=Mason, George=, and Virginia non-importation agreement of 1769,
121 _b_, note;
declares the Third Virginia Convention a government, 133 _c_;
and Virginia Bill of Rights, 136 (addendum);
on democratic and aristocratic forces in the Federal Convention,
155, 157;
objections to signing the Constitution, 162, 163.

=Massachusetts=, to 1660, 41 ff.;
early beginnings at Salem, 52;
charter of 1629, 53;
docket of charter, 54;
question of transfer of charter to America, 55 (and addendum);
decision to transfer the charter, 58;
decision of Puritan gentlemen to remove to Massachusetts, 59;
early hardships and religious matters, 62;
oligarchic usurpations, 63;
Watertown protest and some democratic gains, 64;
aristocratic legislation, 65;
beginning of town government, 66;
establishment of representative government, 67;
religious controversies, 74;
social conditions, 75;
danger of English interference, 76;
demand for written laws, 77;
social conditions as shown in town legislation, 83;
and religious persecution, 84, 85, 86, 88;
English relations after 1660, 100;
charter of 1691, 110 _b_;
in the Revolution, 122 ff.
(See Table of Contents.)

=Mayflower Compact=, the, 46.

=Mercer, Colonel=, induced to resign as Stamp Distributor, 120 _c_.

=Ministers in Virginia=, not to "give themselves to excesse of
drinking," 33.

=Mob violence=, pre-Revolutionary, 120 _c_, _d_, 124;
after Declaration of Independence, 142 _a_, _b_, _c_.

=Morris, Gouverneur=, on the hope for a military dictator, 150;
character sketch in Federal Convention, 160.

=Navigation Acts=, 100 _a_, _b_, _c_; 118.

=New England Confederation=, constitution, 94;
Massachusetts demands more weight in, 95;
nullification by Massachusetts, 96.

=New England Council=, 42. See _Plymouth Council_.

=New Hampshire=, commission of royal governor of, 112.

=New Jersey=, advertisements for runaway (White) servants, 117.

=New Jersey Plan=, in Federal Convention, 158.

"=New Style=," in dates, 21, note.

=New York=, charter to Duke of York, 101.

=North Sea passage=, to be sought for by first Virginia expedition, 18.

=Northwest Ordinance=, the, 149 _b_.

=Nullification=, in New England Confederation, 96.

"=Old Style=," dates, 21, note.

=Ordinance of 1621=, for Virginia, 27.

=Ordinance of 1784=, for organizing the National Domain, 149 _a_.

=Ordinance of 1789=, for the Northwest, 149 _b_.

=Otto, Louis Guillaume=, to Vergennes, on Annapolis Convention as a
plot of the aristocratic classes, 152.

=Parody=, a Tory's, on Hamlet's soliloquy, 142 _b_.

=Peirce, John=, charter for Plymouth, 47.

=Penn, William=, grant of Pennsylvania, 102;
grants to the settlers, 103 _a_ and _b_.

=Percy, Master George=, "Discourse," on first weeks in Jamestown, 19 _a_.

=Pierce, William=, character sketches by, of men of the Federal
Convention, 160.

=Pillory=, the, 115.

=Plymouth Council=, a branch of the first Virginia Company, 16
(section v);
reorganized by charter of 1620, 42;
grants, to the Pilgrims, 47, 49;
to Gorges, for Massachusetts, 51.

=Plymouth Plantation=, delay in securing Wincob charter, 43;
articles
of partnership with London merchants, 44;
a "body politic" before sailing, 45;
Mayflower Compact, 46;
the Peirce charter, 47;
early history, 48 _a_ and _b_;
the Bradford charter, 49;
surrender of the same to the colony, 50;
first code of laws, 50.

=Presbyterians=, excluded from the franchise in early Massachusetts, 86.

=Providence Isle=, charter to Company of Westminster for plantation
of, 55.

=Puritans= (Massachusetts), political principles of, 61;
not Separatists, 52, 60, 62.

=Quakers=, persecution in Massachusetts, 88;
and Rhode Island, 92.

=Randolph, Edmund=, _Report_ of 1676 on Massachusetts, 110.

=Religious freedom=, toleration in Maryland, 40;
persecution in Massachusetts, 84, 85, 86, 87, 88;
freedom in Rhode Island, 89, 90, 91, 92;
in Pennsylvania, 103.

=Representative government=, first representative assembly
(Virginia), 25;
preserved in Virginia against James and Charles, 29, 30, 31, 32;
first royal authorization of (Maryland charter), 37;
also in charters for Avalon and Maine, 38, 39;
in Gorges grant of 1623, 51;
established in Massachusetts, 61-67.

=Revolution=, the, pre-Revolutionary agitation, 114-124;
rise of Revolutionary governments, 125-133;
Independence, 134-144;
social forces set free by, 145.

=Rhode Island=, religious freedom, 89-92.

=Robinson, Pastor John=, on the terms of partnership between Pilgrims
and London merchants, 44, note;
farewell letter, 45.

=Rogers, Rev. Ezekiel=, champion of democracy in Early Massachusetts,
77 (addendum).

=Sabbath in Virginia=, no traveling on, 33 (4).

=Salem=, White's _Relation_ of the beginning of, 52.

=Saltonstall, Richard=, signer of Cambridge Agreement, 58 _b_;
letter urging religious freedom, 84 _c_.

=Sandys, Sir Edwin=, letter to stockholders of London Company, 11;
and the Company's Declaration of 1620, 26;
and interference of King James against reëlection, 28 (1);
and Plymouth Colony, 43.

=Schools=,
in Massachusetts:
Dorchester regulations, 81;
compulsory education, 82 _a_;
State system, 82 _b_.
In Virginia (Berkeley's _Report_), 104.

=Selectmen=, first established at Dorchester, 66.

"=Servants=," see _White servants_.

=Shays' Rebellion=, Hampshire County Grievances, 151 _a_;
and Washington's alarm, 151 _b_.

=Smith, Captain John=, on the London Company (not mercenary), 13;
last plea for colonization (for Massachusetts), 14;
on "gentlemen" in Virginia, 19 _b_;
on Plymouth in 1624, 48 _b_;
Massachusetts Puritans not Separatists, 60 _b_.

=Spain=, and English colonization, 3 (ch. v.), 5, 6;
danger of Spanish attack on Jamestown, 22.

=Stamp Act=, the, 119;
reception in America: Henry's resolutions, 120 _a_;
Virginia county resolutions against, 120 b;
Virginia Stamp Distributor induced to resign, 120 _c_;
mob violence, 120 _d_.

=Stoughton, Israel=, disfranchised for criticizing Massachusetts
government, 69.

=Sugar Act=, of 1733, 100 _c_;
of 1764, 118.

=Sydney, Sir Philip=, on American colonization, 3, note.

=Tea riots=, 124.

=Town meeting=, establishment at Dorchester, 66, and at Watertown, 83;
use of ballot in, 73 _b_;
recognized in "Body of Liberties," 78;
typical records of from Watertown (illustrating New England
society), 83;
at Boston, political activity in affairs of the province, 111 _c_,
and pre-Revolutionary (town committees of correspondence), 122.

=Two-House legislature=, evolution of in Massachusetts, 68, 69, 80.

=Virginia=, motives for colonization, patriotic and religious,
2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14;
ridiculed (_Eastward Hoe_), 8;
praised by Dale, 12;
classes of colonists, 7;
"gentlemen" in, 19 _b_;
under King and Company, 16-19;
Charter of 1609 (under the Company), 20;
Charter of 1612, 21;
danger from Spain, 22;
under the liberal London Company (which see), 23-28;
first Representative Assembly, 25;
a royal province, 29-33;
royal commissions ignoring Assembly, 29, 30;
Assembly's declaration, "No taxation without representation," 31 _a_;
protests in favor of Assembly, 31 _b_;
restoration of Assembly, 32;
legislation, moral and financial, 33;
under the Commonwealth, 34-35;
franchise, 35, 105, 106, 109;
under the second Stuarts--Bacon's Rebellion and suppression of
reforms, 105-109;
in pre-Revolutionary agitation, 121 ff.;
non-importation agreement, 121 _a_ and _b_;
originates intercolonial Committees, 123 _a_ and _b_;
suggests Continental Congress, 125 _a_, _b_, _c_, _d_, _e_, _f_, _g_;
calls provincial convention, 128 _a_ and _b_;
county meetings--instructions to delegates to provincial
convention, 128 _c_, 129 _a_, _b_, _c_, _d_, _e_;
county approval of Continental Congress' Associations, 131;
county conventions become governments (Fairfax County), 132, 133 _a_;
Second Provincial Convention a government de facto, 133 _b_;
Third Convention (July, 1775), a government in form also, 133 _c_;
Charlotte County instructions for independence, 134;
Convention instructs delegates in Continental Congress to move for
independence, 135;
resolves upon an independent State constitution, _ib._;
Bill of Rights, 136;
State declaration of independence, 137.

=Virginia Company=, the, pamphlets in favor of, 5, 6;
"True and Sincere Declaration" of, 7;
Smith's vindication of, 13;
charter of 1606, 15;
instructions from King James, 17;
instructions from the Council in England, 18;
charter of 1609, 20;
charter of 1612, 21;
rules adopted by the liberal management in 1619, 23;
"Order" recognizing right of settlers to share in government, 24;
first charter to settlers (noticed in records of Assembly), 25;
"Declaration" of 1620, 26;
Ordinance of 1621, 27;
struggle with the King for right of free election, 28.

=Virginia Plan=, the, in Federal Convention, 156.

=Ward, Rev. Nathaniel=, argument against religious toleration, 84.

=Washington, George=, and Virginia's non-importation association of
1769, 121 _b_, note;
and Fairfax County resolutions of 1774, 129 _b_;
and Fairfax County organization of Revolutionary militia, 132;
and Shays' Rebellion, 151 _b_.

=Watertown Protest=, the, 64.

=Watertown Records=, extracts from, illustrating social conditions, 83.

=Western territory=, debates on in Continental Congress, 146;
desire for Statehood, 148;
Ordinance of 1784, 149 _a_;
Northwest Ordinance, 149 _b_.

=Weymouth, Captain George=, record of voyage to Maine, 41.

=Wheelwright, Rev. John=, and petition for free speech, 74.

=White, Rev. John=, account of beginnings of Massachusetts, 52.

=White "servants,"= corporal punishment, 65;
classified (in 1774), 116;
advertisements for runaways (1769, 1774), 117.

=Williams, Roger=, on religious freedom, 90.

=Winslow, Edward=, letter to friend in England on the beginnings of
Plymouth, 48 _a_.

=Winthrop, John=, signer of Cambridge Agreement, 58 _b_;
argument for making Massachusetts a Puritan settlement, 59;
reasons for coming to America, 59 _b_;
farewell letter to the Church of England, 60 _a_;
on early hardships in the colony, 62 _a_ and _b_;
decries democracy, 64, 67, 71, 73, 77;
denies free speech, 69;
denies right of petition, 77.

=Winthrop, John, Jr.=, decision to come to Massachusetts, 59 _c_.

=Wise, Rev. John=, on Englishmen's dislike for arbitrary government,
111 _b_.

=Written laws=, demand for in Massachusetts, 77.

=Yeardley, Sir George=, and Virginia Representative Assembly, 25.

=Yeomen=, English, in 16th century, 1.

=Zenger, John Peter=, and free speech, 113.

Transcriber's Notes:

Simple spelling, grammar, and typographical errors were corrected.

Italics markup is enclosed in _underscores_.

Bold markup is enclosed in =equals=.

Fancy or unusual font markup is enclosed in #number signs#.

P. 273 changed the date January 14/24, 1348/9 to January 14/24,
1638/9.

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