Chapter XVIII: Letter IV: October 12th, 1787 (5)

The Declaration of Rights, and Amendments, of the first Convention of
North Carolina.

_North Carolina Debates._

Proceedings / and / Debates / of the / Convention / of / North-Carolina, / Convened at Hillsborough on Monday the 21st Day / of July, 1788, for the Purpose of deliberating/ and determining on the Constitution recom-/ mended by the General Convention at Philadel-/ phia the 17th Day of September 1787. / To which is prefixed / The Federal Constitution. / Edentown: / Printed by Hodge & Wills, Printers to the State. / M,DCC,LXXXIX.

8vo. pp. 280. N., C., S., A. A. S. 107

Reported by David Robertson. 1000 copies printed at the expense of
a few Federalists for distribution among the people. Reprinted in
_Elliot_, iv, I. The debates of the second Convention are only to be
found, in fragmentary condition, in the North Carolina papers of
that date.

_Observations leading to. See Nos. 86-9._

_Observations on the New Constitution. See Nos. 69-71._

Observations / on the / Proposed / Constitution / for the / United States of America, / clearly shewing it to be a complete System / of / Aristocracy and Tyranny, and / Destructive / of the / Rights and Liberties / of the / People. / Printed in the State of New-York, / M,DCC,LXXXVIII.

8vo. pp. 126. S., B., B. A. 108

An Anti-Federal compilation, containing:

Address and Reasons of Dissent of the Minority of the Convention of
Pennsylvania. (No. 2 infra.)

Letter of Edmund Randolph (No. 116 infra.)

Letters of Centinel.

The Constitution.

Two hundred and twenty-five copies were distributed by the New York
Anti-Federal committee to the local county committees of the State.

The “Letters of Centinel,” were by Samuel Bryan, of Philadelphia,
and appeared originally in _The Independent Gazetteer_ of that
city. The letters were exceedingly personal, and especially severe
on Washington and Franklin, so it is rather amusing to find Bryan
writing to George Clinton in 1790 and requesting that he use his
influence with Washington to obtain for his father a judgeship in the
new government, and using his authorship of the letters as the reason
for Clinton’s furthering his request.

Order of Procession, / In Honor of the Establishment of the Constitution of the United States. / To parade ... Friday the 4th of July, 1788. /..... Philadelphia: / Printed by Hall and Sellers.

Folio. 1. l. 109

_Pennsylvania Debates._

Debates / of the / Convention, / of the / State of Pennsylvania, / on the / Constitution, / proposed / for the / Government / of the / United States. / In Two Volumes. / Vol. I / Taken accurately in Short-Hand, by / Thomas Lloyd, / ... / ... / Printed by Joseph James, / in Philadelphia, A. D. M.DCC.LXXXVIII.

8vo. pp. 147. (2 ll.) 110

All ever published, being only the speeches of M’Kean and Wilson, on
the Federal side of the argument. It is reviewed in _The American
Magazine_, 262. See Nos. 1-2, and 92.

_Pennsylvania Journal._

Minutes / of the / Convention / of the / Commonwealth / of / Pennsylvania, / which commenced at Philadelphia, on Tuesday, the / Twentieth Day of November, One Thousand / Seven Hundred and Eighty-Seven, / for the purpose of / Taking into Consideration the Constitution framed by / the late Foederal Convention for the United States of America. / Philadelphia: / Printed by Hall and Sellers, in Market-street. / M,DCC,LXXXVII.

Folio, pp. 28. P. H. S., H. 111

_Pennsylvania Resolution._

[Resolution of the Pennsylvania General Assembly, September 29, 1787.]

112

The resolve for holding a Convention to discuss the Constitution.
3000 copies ordered to be printed, 1000 of which were to be in German.

_Pinckney_ (_Charles_).

Observations / on the / Plan of Government / submitted to / Federal Convention, / In Philadelphia, on the 28th of May, 1787. / By the Hon. Charles Pinckney, Esq. L.L.D. / Delegate from the State of South-Carolina. / Delivered at different Times in the course of their Discussions. / New York:—Printed by Francis Childs [1787].

4to. pp 27. B. A., N., M., A., 113

This is really the speech of Pinckney, introducing his draft of a
constitution in the Convention, May 29, 1787, which for some reason
was omitted by both Yates and Madison in their minutes. Though it
does not include the proposed draft, it nevertheless enables one to
form a clear idea of what it was, and proves that the draft furnished
by Pinckney at the request of J. Q. Adams, for publication in the
Journal, and from that generally copied into other places, to be
fictitious in both form and substance.

_Plan of the New Constitution. See No. 13._

_Plebeian_ (_A_). _See Nos. 120-1._

_Proceedings of the Federal Convention. See Nos. 14-5._

[_Ramsay_ (_David_)].

An / Address / to the / Freemen / of / South Carolina, / on the Subject of the / Federal Constitution, / Proposed by the Convention, which met in / Philadelphia, May, 1787. / Charleston, / Printed by Bowen and Co., No. 31, Bay.

16mo. pp. 12. C. 114

Signed Civis. Reprinted in Ford’s _Pamphlets on the Constitution_.

_Ramsay_ (_David_).

[An Address to the Freemen of South Carolina, on the Subject of the Federal Constitution. Brooklyn, N. Y.: 1888].

8vo. pp. 10. 115

A few copies separately printed from No. 68.

_Randolph_ (_Edmund_).

Letter on the Federal Constitution, October 16, 1787. By Edmund Randolph. [Richmond: Printed by Augustin Davis. 1787.]

16mo. pp. 16. 116

Reprinted in Ford’s _Pamphlets on the Constitution_ and in No. 108.

_Randolph_ (_Edmund_).

[Letter on the Federal Constitution, October 16, 1787. By Edmund Randolph. Brooklyn, N. Y.; 1888.]

8vo. pp. 18. 117

A few copies separately reprinted from No. 68.

The / Ratifications / of the / New Foederal Constitution,/ together with the Amendments, / proposed by the / Several States. / ... / Richmond; / Printed by Aug. Davis / M,DCC,LXXXVIII.

12mo. pp. (4), 32. A. A. S. 118

_Remarks on the Address. See No. 132_.

_Remarks on the proposed plan See Nos. 74-5._

_Result of the Debates. See No. 16._

A Review of the Constitution Proposed by the late Convention, Held at Philadelphia, 1787. By a Federal Republican.... Philadelphia: Printed by Robert Smith and James Prang. 1787.

8vo. pp. 39. 119

A copy was sold in the O’Callaghan sale, (lot 668), and a copy is
mentioned in the Bowdoin College Library Catalogue, which cannot now
be found. Otherwise I have seen no mention of this pamphlet except in
the original advertments, from which the above title is taken.

_Robertson, David. See Nos. 107 and 127-8.

Russell, Benjamin. See Nos. 97-8.

Secret Proceedings. See Nos. 138-42._

[_Smith_ (_Melancthon_)]

An / Address / to the / People / of the / State of New-York: / Showing the Necessity of Making / Amendments / to the / Constitution, proposed for the United States, / previous to its / Adoption. / By a Plebeian, / Printed [by Robert Hodge, in New York] in the State of New York, / M,DCC,LXXXVIII.

8vo. pp. 26. B. A., A. A. S. 120

Reprinted in Ford’s _Pamphlets on the Constitution_.

_Smith_ (_Melancthon_).

[An Address to the People of the State of New York: Shewing the Necessity of making Amendments to the Constitution. Brooklyn, N. Y., 1888].

8vo. pp. 27. 121

A few copies separately printed from No. 68.

_South Carolina_

Debates / which arose in the / House of Representatives / of South Carolina, / on the Constitution framed for the / United States, / by a Convention of Delegates, / Assembled at Philadelphia. / Charleston: / Collected by R. Haswell, and published at the City Gazette / Printing Office, No. 47, Bay. / M,DCC,XXXVIII.

4to. pp. 55. B. A. 122

_South Carolina._

Debates / which arose in the / House of Representatives / of / South-Carolina, / on the Constitution framed for the United States, / by a / Convention of Delegates assembled at Philadelphia. / Together with such / notices of the Convention / as could be procured. / ... / ... / ... / ... / Charleston: / Printed by A. E. Miller, / No. 4 Broad Street. / 1831.

8vo. pp. (4), 95. M. 123

The first edition of Elliot’s _Debates_ contained nothing relating to
South Carolina, and this volume was prepared by some citizen of the
State to piece out the omission. In the later editions of Elliot, he
reprinted this volume entire.

_State of North Carolina. See No. 106._

_Stone, Frederick D. See No. 92._

_Supplement to the Independent Journal. See No. 16._

_Thoughts upon the Political. See No. 83._

_Tucker_ (_John Randolph_).

The History / of the / Federal Convention of 1787 and its Work. / An Address / delivered before the graduating classes / at the / Sixty-third Anniversary / of the / Yale Law School, / on / June 28th, 1887 / by / Hon. John Randolph Tucker, LL.D. / New Haven: / Published by the Law Department of Yale College. 1887.

8vo. pp. 54. H. 124

A / View / of the / Proposed Constitution / of the / United States, / as agreed to by the / Convention / of Delegates from several States at Philadelphia, the 17th Day of September, / 1787—Compared with the present Confederation. / With sundry Notes and Observations. / Philadelphia: / Printed by R. Aitken & Son, at Popes Head / in Market Street. / M.DCC.LXXXVII.

8vo. pp. 37. B. A., N., B. 125

A comparison in parallel columns between the Articles of
Confederation, and the proposed Constitution, with anti-federal notes.

_Virginia. Act calling Convention._

Virginia, to wit: / General Assembly begun and held at the Capitol in the city of / Richmond on Monday the fifth day of October, in the year / of our Lord, one thousand seven hundred and eighty seven. / An Act / concerning the convention to be held / in June next. / Passed December 12th, 1787.

Folio. Broadside. S. 126

_Virginia. Debates. 1788-9._

Debates / and other / Proceedings / of the / Convention / of / Virginia, / Convened at Richmond, on Monday the 2d day of / June, 1788, for the purpose of deliberating on the / Constitution recommended by the Grand Federal / Convention. / To which is prefixed, / the / Federal Constitution. / Petersburg: / Printed by / Hunter and Prentis. / M,DCC,LXXXVIII.

3 vols. 8 vo. pp. 194; 195; 228. N., C., B. A., 127

The imprints of volumes II. and III. vary slightly from the above,
being + / Federal Constitution. / Volume II. [III]. Petersburg: /
Printed by William Prentis, / M,DCC,LXXXIX. /

Printed without being proof read. In 1805 it was already described as
a rare book, and at present is only equalled in rarity in the state
debates, by those of North Carolina. Volumes two and three are of
much greater rarity than the first.

_Virginia. Debates. Richmond. 1805._

Debates / and other / Proceedings / of the / Convention of Uirginia, [sic] convened at Richmond, on Monday the second day of June, / 1787, for the purpose of deliberating on the Con-/ stitution recommended by the grand / Federal Convention. / To which is prefixed / the Federal Constitution. / Taken in short hand, / by David Robertson—of Petersburg. / Second Edition. / Richmond: / Printed at the Enquirer-Press / for Ritchie & Worsley and Augustine Davis. / 1805.

8vo. pp. viii, 477. N., C., A. A. S. 128

This edition was corrected and compared with a portion of the
original stenographic notes, by the reporter.

_Virginia Journal._

Journal / of the / Convention / of / Virginia; / held in the / City of Richmond, / on the / First Monday in June, / in the Year of our Lord One thousand seven hundred and / eighty-eight. / Richmond: / Printed by Thomas W. White, / Main-st. opposite the Bell Tavern. / 1827.

8vo. pp. 39. B. A., P. 129

_Weakness of Brutus. See No. 133-4._

[_Webster_ (_Noah_)].

An / Examination / into the / leading principles / of the / Federal Constitution / proposed by the late / Convention / held at Philadelphia. / With / Answers to the principal objections / that have been raised against the system. / By a Citizen of America. / ... / ... / Philadelphia: / Printed and sold by Prichard & Hall, in Market Street, / the second door above Lætitia Court. / M.DCC.LXXXVII.

8vo. pp. 55. C., B. A., P., H. 130

Reprinted, from the Author’s annotated copy, in Ford’s _Pamphlets on
the Constitution_.

_Webster, Noah._

[An Examination into the leading principles of the Federal Constitution. Brooklyn, N. Y.: 1887.]

8vo. pp. 41. 131

A few copies separately printed from No. 68.

[_Webster_ (_Pelatiah_)].

Remarks / on the / Address of Sixteen Members / of the / Assembly of Pennsylvania, / to their / Constituents, / Dated September 29, 1787. / With some Strictures on the Objections to the / Constitution, / Recommended by the late Federal Convention, / Humbly offered to the Public / By a Citizen of Philadelphia. / Philadelphia: / Printed by Eleazer Oswald, at the Coffee-House. / M,DCC,LXXXVII.

8vo. pp. 28. B. A., M. 132.

Also (abridged) in Webster’s _Political Essays_, and (entire) in No.
92.

[_Webster_ (_Pelatiah_)].

The Weaknesses of Brutus exposed: / or some / Remarks / in / Vindication of the Constitution / proposed by the late / / Federal Convention, / against the / Objections and gloomy Fears of that Writer. / Humbly offered to the Public. / By / A Citizen of Philadelphia. / Printed for and to be had of John Sparhawk, Market-street, / near the Court House / M.DCC.LXXXVII.

8vo. pp. 23. B. A., A. A. S., M. 133

Reprinted in Webster’s _Political Essays_, and in Ford’s _Pamphlets
on the Constitution_. In reprinting this pamphlet I suggested, with
a question mark, that Brutus was written by Thomas Tredwell, having
found that he used that signature to a newspaper essay published in
1789. I have since concluded that they were from the pen of Robert
Yates, member of the Federal Convention from New York.

_Webster_ (_Pelatiah_).

[The Weakness of Brutus exposed: or some Remarks in Vindication of the Constitution proposed by the late Federal Convention. Brooklyn, N. Y.: 1888.]

8vo. pp. 15. 134

A few copies separately printed from No. 68.

_We the People. See Nos. 17-20._

_Williamson_ (_Hugh_).

Address to the Freemen of Edentown and the County of Chowan, etc. on the New Plan of Government.

8vo. 135

Title from the _N. Y. Historical Society Catalogue_, but an
examination shows it to be merely a newspaper clipping mounted on
sheets of writing paper.

_Wilson_ (_James_). _See No. 91._

Substance of an Address / to a / meeting of the Citizens of Philadelphia, / delivered, October sixth, MDCCLXXXVII, / by the honorable / James Wilson, Esquire, one of the delegates from the State of Pennsylvania to the / late Continental Convention. [Brooklyn, N. Y.: 1888.]

8vo. pp. 7. 136

A few copies separately printed from No. 68.

“Mr. Wilson’s speech is read with much approbation here by _one
party_; the other party see nothing but nonsense in it.”

“It has varnished an iron trap.”

_Wilson_ (_James_).

The Substance / of a / Speech / delivered by / James Wilson, Esq. / Explanatory of the general Principles of the proposed / Federal Constitution; / Upon a Motion made by the / Honorable Thomas McKean, / in the Convention of the State of Pennsylvania. / On Saturday the 24th of November, 1787. / Philadelphia: / Printed and Sold by Thomas Bradford, in Front-Street, / four Doors below the Coffee-House, MDCCLXXXVII.

8vo. pp. 10. 137

Reported by Alexander J. Dallas, Editor of _The Pennsylvania Herald_.
Thomas Lloyd charged Dallas in a communication to the papers, with
misrepresenting what Wilson had said.

_Yates (Robert). Secret Proceedings. Albany. 1821_.

Secret / Proceedings and Debates / of the / Convention / assembled at Philadelphia, in the Year 1787, for the purpose / of forming the / Constitution / of / the United States of America. / From the Notes taken by the late Robert Yates, Esq. Chief / Justice of New-York, and copied by John Lansing, Jun. / Esq. late Chancellor of that State, Members / of that Convention. / Including / “The Genuine Information,” laid before the Legislature of / Maryland, by Luther Martin, Esq. then Attorney Gen-/ eral of that State, and a member of the same / Convention. / Also, / other Historical Documents relative to the Federal Compact / of the North American Union. / Albany: / Printed by Webster and Skinners, / at their Bookstore, in the White House, corner of State and Pearl Streets. / 1821.

8vo. pp. 308. 138

An outline of Yate’s Minutes appeared in Hall’s _American Law
Journal_, iv, 563, 1813.

Yates was a member of the Federal Convention and though his memoranda
only is to July 5, at which time he left the Convention, it is
only second to Madison’s _Debates_ in importance. It is noticed in
Taylor’s _New Views of the Constitution_.

This first edition is by no means a common volume.

_Yates (Robert). Secret Proceedings. Washington. 1836._

Secret / Proceedings and Debates / + / Washington: / Printed for G. Templeman, / Bookseller and Stationer, Pennsylvania Avenue. / 1839.

8vo. pp 308. 139

_Yates (Robert). Secret Proceedings. Richmond. 1839_

Secret / Proceedings and Debates / + / Richmond, Va. / Published by Wilbur Curtiss. / 1839.

8vo. pp. xi, 335.

_Yates (Robert). Secret Proceedings. Louisville. 1844_

Secret / Proceedings and Debates / + / Louisville, Ky. / Published by Alston Mygatt. / 1844.

8vo. pp. xi, 335. 140

Also copies dated 1845.

_Yates (Robert). Secret Proceedings. Cincinnati._

Secret / Proceedings and Debates, / + / Cincinnati. / Published by Alston Mygatt. / [184-?]

8vo. pp. xi, 335. 141

REFERENCE LIST.

_General Works—Histories._

Allen (T.) Facts ... in the origination of the American Union (new Series). Boston: 1870.

Bancroft (G.) History of the Constitution. No. 5.

Cocke (W. A.) Constitutional History of the U. S. Phila.: 1858.

Coffin (C. C.) Building the Nation. N. Y.: 1883.

Curtis (G. T.) History of the Constitution. No. 23.

Elliot (J.) Debates in the several State Conventions. No. 30.

Frothingham (R.) Rise of the Republic of the United States. Boston: 1872.

Hildreth (R.) History of the U. S. (1st series, iii). N. Y.: 1852.

McMaster (J. B.) History of the People of the U. S. (i). N. Y.: 1883.

McMaster (J. B.) Making a Government, in _The_ [Philadelphia] _Press_. Sept. 15, 1887.

Miller (S. F.) Oration at the 100 Anniversary of the Constitution. Phila.: 1887.

Patton (J. H.) Concise History of the American People. N.Y.: 1882.

Porter (L. H.) Outlines of the Constitutional History of the U. S. N. Y.: 1883.

Schouler (J.) History of the U. S. (i). N. Y.: 1881.

Sterne (S.) Constitutional History ... of the U. S. N. Y.: 1883.

Thorpe (F. N.) Origin of the Constitution, in _Mag. of Am. Hist._ xviii, 130.

Towle (N. C.) History and Analysis of the U. S. Constitution. Boston: v. d.

Von Holst (H.) Constitutional and Political History of the U. S. (i). Chicago: 1876.

Winsor (J.) Narrative and Critical History of America. (vii). Boston: 1888.

_General Works—Printed documentary sources._

Ames (F.) Works of ... Boston: 1809.

Ames (F.) Works of ... edited by S. Ames. Boston: 1854.

Belknap Papers. (Mass. Hist. Soc. Coll. 5th series, ii and iii). Boston: 1877.

Diplomatic Correspondence of the U. S. 1783-1789. Boston: 1837.

Franklin (B.) Works of ... edited by J. Sparks. Boston: 1840.

Franklin (B.) Works of ... edited by J. Bigelow. N. Y.: 1887.

Hamilton (A.) Works of ... edited by J. C. Hamilton. N. Y.: 1850.

Hamilton (A.) Works of ... edited by H. C. Lodge. N. Y.: 1885.

Jay (J.) Writings of ... edited by H. P. Johnson. (in preparation). N. Y.:——

Leake (J. Q.) Life and Times of John Lamb. Albany: 1857.

Letters and Papers illustrating the formation of the Constitution, in No. 5.

McRee (G. J.) Life of James Iredell, (ii). N. Y.: 1858.

Madison (J.) Papers of ... No. 93.

Madison (J.) Letters and other writings. Phila.: 1865.

Morris (G.) Writings of, (in preparation). N. Y.:——

Washington (G.) Writings of ... edited by J. Sparks. Boston: 1837.

Washington (G.) Writings of ... edited by W. C. Ford. N. Y.: 1888.

_General Works—Periodicals._

New Hampshire.

Freemans Oracle and N. H. Advertiser. [Exeter].
N. H. Gazette and the General Advertiser. [Exeter].
N. H. Mercury. [Portsmouth].
N. H. Recorder and Weekly Advertiser. [Keene].
N. H. Spy. [Portsmouth].

Massachusetts.

American Herald. [Worcester].
Berkshire Chronicle.
Boston Gazette.
Cumberland Gazette. [Portland, Me].
Essex Journal. [Salem].
Hampshire Chronicle. [Springfield].
Hampshire Gazette. [Northampton].
Hampshire Herald. [Springfield].
Independent Chronicle. [Boston].
Massachusetts Centinel. [Boston].
Massachusetts Gazette. [Boston].
Massachusetts Spy. [Worcester].
Salem Mercury.
Western Star. [Stockbridge].

Rhode Island.

Newport Herald.
Providence Gazette.
United States Chronicle. [Providence].

Connecticut.

American Mercury. [Hartford].
Connecticut Courant. [Hartford].
Connecticut Gazette. [New London].
Connecticut Journal. [New Haven].
Middlesex Gazette. [Middletown].
New Haven Chronicle.
New Haven Gazette.
Norwich Packet.
Weekly Monitor. [Litchfield].

New York.

Albany Gazette.
Albany Register.
American Magazine. [New York.]
Goshen Repository.
Hudson Gazette.
Independent Journal. [New York].
New York Daily Advertiser. [New York].
New York Journal. [New York].
New York Museum. [New York].
New York Packet. [New York].
Northern Centinel or Lansingburg Advertiser.
Poughkeepsie Journal.

New Jersey.

Brunswick Gazette. [New Brunswick].
New Jersey Gazette. [Trenton].
New Jersey Journal. [Elizabethtown].

Pennsylvania.

American Museum. [Philadelphia].
Freemen’s Journal. [Philadelphia].
Independent Gazetteer. [Philadelphia].
Pennsylvania Gazette. [Philadelphia].
Pennsylvania Herald. [Philadelphia].
Pennsylvania Journal. [Philadelphia].
Pennsylvania Mercury. [Philadelphia].
Pennsylvania Packet. [Philadelphia].
Pittsburg Gazette.

Delaware.

Wilmington Courant.
Wilmington Gazette.

Maryland.

Maryland Chronicle. [Frederick].
Maryland Gazette. [Annapolis].
Maryland Gazette. [Baltimore].
Maryland Journal. [Baltimore].

Virginia.

The Norfolk and Portsmouth Chronicle.
Virginia Gazette. [Winchester].
Virginia Gazette and Petersburg Advertiser.
The Virginia Gazette and Weekly Advertiser. [Richmond].
The Virginia Herald and Independent Advertiser.
Virginia Independent Chronicle. [Richmond].
The Virginia Journal and Alexandria Advertiser.

North Carolina.

North Carolina Chronicle. [Fayettville].
State Gazette of North Carolina. [Newberne & Edentown].

South Carolina.

The Columbian Herald or the Independent Courier. [Charleston].
City Gazette, or Daily Advertiser. [Charleston].
State Gazette of South Carolina. [Charleston].
South Carolina Weekly Chronicle.

Georgia.

Augusta Chronicle.
Georgia Gazette. [Savannah].

_General Works—Biographies._

See under “Federal Convention—Biographies of attending members” and
“Contests in the States.”

_Federal Convention—Histories._

Anecdotes of the Federal Convention, in _Living Age_, xxv, 557.

Bledsoe (A. T.) North and South in the Convention of 1787, in _Southern Review_, (new series), ii, 359.

Clason (A. W.) The Fallacy of 1787, in _Mag. of Am. Hist._, xiv, 373.

Jameson (J. A.) The Constitutional Convention. N. Y.: v. d.

McMaster (J. B.) Framers and Framing of the Constitution, in _The Century_, xxxiv, 746.

Martin (L.) Genuine Information, No. 94.

Sparks (J.) Convention of 1787, in _North Am. Rev._, xxv, 249.

Tucker (J. R.) History of the Federal Convention. No. 124.

_Federal Convention—Proceedings._

Journal, Acts and Proceedings of the Convention, No. 85.

King (R.) Minutes of Debates. MS. in possession of family.

Madison (J.) Minutes of Debates, No. 93.

Martin (L.) Genuine Information, No. 94.

Yates (R.) Secret proceedings and Debates, No. 138.

_Federal Convention—Drafts and Plans._

Cruger (L. N.) Authorship of the U. S. Constitution, in _Southern Monthly_, x, 635.

Hamilton (A.) Proposition in Convention, June 18, 1787, No. 73.

Hamilton (A.) Plan of Government, (p. 584) of No. 31.

New Jersey Resolutions, June 15, 1787, in Nos. 30, 31, 85 and 138.

Pinckney (C.) [Spurious] plan of Government, in Nos. 30, 31, 85 and 138.

Pinckney (C.) Observations on the Plan of Government, No. 113.

Randolph (E.) Draft of a Constitution, in _Scribners_ (new) _Mag._, ii, 313.

Randolph (E.) Draft of a Constitution, in (forthcoming) Life of Randolph, by M. D. Conway.

Report of the Committee of Detail, Aug. 6, 1787, No. 20.

Report of the Committee of Revision, Sept. 12, 1787. No. 19.

Resolutions as agreed to in Committee of the whole. June 19, 1787, in Nos. 30, 31, 85 and 138.

Resolutions referred to the Committee of Detail, July 26, 1787, in Nos. 30, 31, 85 and 138.

Virginia Resolutions, May 29, 1787, in Nos. 30, 31, 85 and 138.

_Federal Convention—Biographies of attending Members._

General Works.

Ford (P. L.) List of the Members of. No. 69.

Lamb (M. J.) The Framers of the Constitution, in _Mag. of Am. Hist._
xiii, 313.

Memorial of the Constitutional Centennial Celebration. Phila.: 1889.

Official Programme of the Constitutional Centennial Celebration.
Phila.: 1887.

Baldwin, Abraham.

Barlow (J.) and Baldwin (H.) in Herring’s _Nat. Portrait Gallery_, iv.

Blair, John.

Biographia Americana. N. Y.: 1825.

Miller (S. F.) The Supreme Court. Phila.: 1877.

Grigsby (H. B.) Virginia Convention of 1776, (p. 70). Richmond: 1855.

Brearly, David.

Elmer (L. Q. C.) Constitution and Government of N. J., (p. 274).
Newark: 1872.

Butler, Pierce.

Simpson (H.) Lives of Eminent Philadelphians, (p. 157). Phila.: 1859.

Carroll, Daniel.

_Scharf (J. T.) History of Western Maryland._

Clymer, George.

Dickinson (W.) in _Mag. of Am. Hist._, v, 196.

Wain (B.) in Sanderson’s _Biography of the Signers_, iv, 173.

Simpson (H.) Lives of Eminent Philadelphians, (p. 211). Phila.: 1859.

McMaster (J. B.) and Stone (F. D.) p. 704, of No. 92.

Davie, William Richardson.

Garden (A.) Anecdotes of the American Revolution (p. ?). Charleston:
1822.

Hubbard (F. M.) in Spark’s _American Biography_, xxv.

Davie (A. H.) in Herring’s _Nat. Portrait Gallery_, iii.

_Southern Literary Messenger_, xiv, 510.

Dickinson, John.

Armor (W. C.) Lives of the Governors of Pa., (p. 234). Phila.: 1873.

Budd (T. A.) in Herring’s _Nat. Portrait Gallery_, iii.

Dickinson (W.) in _Mag. of Am. Hist._, x, 223.

Hines (C. F.) Sketch of Dickinson College, (p. 17). Harrisburg: 1879.

Simpson (H.) Lives of Eminent Philadelphians, (p. 309). Phila.: 1859.

Ellsworth, Oliver.

_Analytical Mag._, iii, 382.

_American Literary Mag._, i, 195.

Duychinck (E.) _Nat. Portrait Gallery_, i, 345.

Flanders (H.) Lives of the Chief Justices, (i). Phila.: 1855.

Miller (S. F.) The Supreme Court. Phila.: 1877.

_The Portfolio_, xxxiv, 185.

Rowland (H. A.) Eulogy on ... Hartford: 1808.

Sigourney (L. H.) in Herring’s _Nat. Portrait Gallery_, iv.

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Johnson, William Samuel.

Beardsley (E. E.) Life of ... N. Y.: 1876.

Irving (J. T.) Discourse on Classical Learning. N. Y.: 1830.

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Curtis (G. T.) History of the Constitution, (i, 448), No. 23.

Delaplaine’s _Repository_, ii, 177.

Duyckinck (E.) _Nat. Portrait Gallery_.

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_American Annual Register_ for 1826-7, p. 341

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Lansing, John.

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Sedgewick (T.) Memoir of ... N. Y.: 1833.

Elmer (L. Q. C.) Constitution and Government of N. J., (p. 56).
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M’Henry, James.

Brown (F. J.) Sketch of ... Baltimore: 1877.

_Mag. of Am. Hist._, vii, 104.

McClung, James.

Duyckinck (E.) Cyclopaedia of Am. Literature, (i, 283). N. Y.: 1855.

Thacher (J.) American Medical Biography. Boston: 1828.

Madison, James.

Rives (W. C.) Life and Times of ... Boston: 1873.

Gay (S. H.) American Statesmen, James Madison. Boston: 1884.

Stoddard (W. O.) Lives of the Presidents. N. Y.: 1885.

Curtis (G. T.) History of the Constitution, (i, 420). No. 23.

Ingersoll (C. J.) in Herring’s Nat. Portrait Gallery, iii.

Martin, Luther.

Lanman (J. H.) in Herring’s _Nat. Portrait Gallery_, iv.

_American Law Review_, i, 273.

Mason, George.

Rowland (K. M.) Life of ... [in preparation].

Grigsby (H. B.) Virginia Convention of 1776, (p. 154). Richmond: 1855.

_American Historical Record_, ii, 113.

Colvin (S.) in _The Portfolio_, ii, 231, [from Poole’s Index].

Mercer, John Francis.

_Potter’s American Monthly_, vii, 178.

Mifflin, Thomas.

Budd (T. A.) in Herring’s _Nat. Portrait Gallery_, iv.

Armor (W. C.) Lives of the Governors of Pa., (p. 273). Phila.: 1873.

McMaster (J. B.) and Stone (F. D.) p. 701, of No. 92.

Simpson (H.) Lives of Eminent Philadelphians, (p. 693). Phila.: 1859.

Morris, Gouverneur.

Sparks (J.) Life and Writings of ... Boston: 1837.

Tuckerman (H. T.) Essays, Biographical and Critical. Boston: 1857.

Meredith (C. K.) in _Pa. Mag. of History and Biography_, ii, 185.

Roosevelt (T.) Life of ... Boston: 1888.

Curtis (G. T.) History of the Constitution, (i, 440), No. 23.

Francis (J. W.) in _Hist. Mag._, xiii.

Morris, Robert.

Life of ... Phila.: 1841.

Duyckinck (E.) _Nat. Portrait Gallery_, i, 240.

Waln (R.) in Sanderson’s _Biography of the Signers_, v, 189.

Delaplaine’s _Repository_, iii, 139.

Hart (A. N.) in _Pa. Mag._ of History and Biography, i, 333.

Herring (J.) in Herring’s _Nat. Portrait Gallery_, iv.

Paterson, William.

Clark (J.) Funeral Sermon on ... New Brunswick: n. d.

Messier (A.) in _Pa. Mag. of History and Biography_, iii, 429.

Elmer (L. Q. C.) Constitution and Government of N. J., (p. 77).
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Barber (J. W.) and Howe (H.) Historical Collections of N. J., (p.
314). N. Y.: 1845.

Miller (S. F.) The Supreme Court. Phila.: 1877.

Pinckney, Charles.

Biographia Americana, N. Y.: 1825.

Pinckney, Charles Cotesworth.

Gadsden (E. C.) A Sermon on ... Charleston: 1825,

Garden (A.) Eulogy on ... Charleston: 1825.

Lynch (J.) in Herring’s _Nat. Portrait Gallery_, iv.

Duyckinck (E.) in _Nat. Portrait Gallery_.

Garden (A.) Anecdotes of the American Revolution. Charleston: 1822.

_American Annual Register for 1825-6_, p. 207.

Curtis (G. T.) History of the Constitution, (i, 454). No. 23.

Simms (W. G.) in _Hist. Mag._, xii, 134.

Randolph, Edmund.

[Daniels (P. V.)] Memoir of ... Richmond: 1869.

Conway (M. D.) Life of ... N.Y.: 1888.

Conway (M. D.) in _Lippincott’s Mag._, Sept. 1887.

Grigsby (H. B.) Virginia Convention of 1776, (p. 76). Richmond: 1855.

Curtis (G. T.) History of the Constitution, (i, 480). No. 23.

Public Characters for 1800-1, (p. 439). London: 1801.

Read, George.

Read (W. T.) Life of ... Phila.: 1870.

Read (——?) in Sanderson’s _Biography of the Signers_, iv, 21.

[Tilton (J.)] History of Dionysius, Tyrant of Delaware, [n. p.] 1788.

Rutledge, John.

Gayarré (C.) Life of ...

Van Santvoord (G.) Chief Justices of the U. S., (p. 91). N. Y.: 1854.

Flanders (H.) Lives of the Chief Justices. Phila.: 1855.

Miller (S. F.) The Supreme Court. Phila.: 1877.

Ramsay (D.) in Herring’s _Nat. Portrait Gallery_, iv.

Ramsay (D.) History of S. C., (ii. 510). Charleston: 1809.

Sargent (W.) in _North American Rev._, lxxxi, 346.

_American Whig Rev._, vi, 125, 277.

_Southern Quarterly_, xxvii, 332.

Sherman, Roger.

Everett (E.) in Sanderson’s _Biography of the Signers_, iii, 199.

Duyckinck (E.) _Nat. Portrait Gallery_, i, 334.

_Harper’s Mag._, iii, 145, vii, 156.

_Worcester Mag._, i, 164.

_New Englander_, iv, 1.

Spaight, Richard Dobbs.

Wheeler (J. H.) in _Pa. Mag. of History and Biography_, iii, 426.

Strong, Caleb.

Bradford (A.) Biography of ... Boston: 1820.

Lyman (J.) Sermon on ... Northampton: 1819.

Dwight (E. S.) in _The Congregational Quarterly_, ii 161.

_American Quarterly_, xii, 1.

_Polyanthus_ (enlarged), ii, 225.

Washington, George.

Marshall (J.) Life of ... Phila.: 1805.

Irving (W.) Life of ... N. Y.: 1855.

Lossing (B. J) Life of ... N. Y.: 1860.

Williamson, Hugh.

Hosack (D.) Biographical Memoirs of ... N. Y.: 1820.

Also in _Proceedings of the N. Y. Historical Society_, iii.

Thacher (J.) American Medical Biography. Boston: 1828.

_The Portfolio_, xxiii, 102; xxvi, 388.

Everett (A. H.) in _North American Rev._, xi, 31.

Wilson, James.

Wain (R.) in Sanderson’s _Biography of the Signers_, vi, 113.

Curtis (G. T.) History of the Constitution, (i, 462), No. 23.

Simpson (H) Lives of Eminent Philadelphians, (p. 964), Phila.: 1859.

Wythe, George.

Jefferson (T.) in Sanderson’s _Biography of the Signers_, ii, 156.

Grigsby (H. B.) Virginia Convention of 1776, (p. 120). Richmond: 1855.

Yates, Robert.

Lansing (J.) Secret Proceedings, (p. 303). No. 138.

Street (A. B.) Council of Revision of the State of N. Y., (p. 168).
Albany: 1859.

_Partizan Pamphlets—Pro._

Address to Citizens of Albany, No. 79.

[Coxe (T.)] Examination of the Constitution, No. 21.

[Dickinson (J.)] Letters of Fabius, No. 25.

Duer (W.) Philo Publius, in No. 62.

[Hanson (A. C.)] Remarks on the Constitution, No 74.

[Hamilton, Madison and Jay]. The Federalist, No. 32.

[Jackson (J.)] Thoughts upon the Political Situation, No. 82.

[Jay (J.)] Address to People of N. Y., No. 83.

[Ramsay (D.)] Address on the Constitution, No. 114.

Randolph (E.) Letter on the Constitution, No. 116.

[Webster (N.)] Examination of the Constitution, No. 130.

[Webster (P.)] Remarks on the Address, No. 132.

[Webster (P.)] The Weakness of Brutus, No. 133.

Williamson (H.) Address to the Freemen, No. 135.

Wilson (J.) Speech of October 6th, 1787, No. 136.

Partizan Pamphlets—Con.

[Bryan (S.)] Letters of Centinel, Nos. 92 and 97.

[Gerry (E.)] Observations on the Constitution, No. 70.

[Lee (R. H.)] Letters of a Federal Farmer, No. 88.

Letters of Brutus, No. 99.

Martin (L.) Genuine Information, No. 94.

Mason (G.) Objections to the Constitution, No. 95.

Review of the Constitution, No. 119.

[Smith (M.)] Address to the People of N. Y., No. 120.

View of the proposed Constitution, No. 125.

_Contests in the States._

See also “General Works—Periodicals” and “Federal
Convention—Biographies of attending members.”

New Hampshire.

Amory (T. C.) Life of John Sullivan. Boston: 1868.

Barstow (G.) History of N. H. Concord: 1842.

Belknap (J.) History of N. H. Various editions.

Biographies of the Members of the N. H. Convention in Bouton’s N. H.
State Records, x, 8.

Debates (fragment) in Convention, (ii, 202). No. 30.

Fragment of Debate in N. H. Convention, in _N. H. Gazette_, Feb. 20,
1780.

Hall, A. Oration, June 30, 1788, No. 72.

Journal of the N. H. Convention, in Bouton’s N. H. Records, x, 1.
Also in _Hist. Mag._, xiii, 257.

Outlines of proceeding of the first session of Convention in _N. Y.
Journal_, Feb. 28, 29, March 3, 6, 1788.

Peabody (A. P.) Life of William Plummer. Boston: 1866.

Sanborn (E. D.) History of N. H. Manchester: 1875.

Massachusetts.

Ames (Fisher.) Works of ... Boston: 1809 and 1854.

Amory (T. C.) Life of James Sullivan. Boston: 1859.

Austin (G. L.) History of Massachusetts. Boston: 1870.

Barry (J. S.) History of Massachusetts. Boston: 1855.

Belknap Papers, [Mass. Hist. Soc. Coll. Vols. II & III], Boston: 1877.

Bradford (A.) History of Massachusetts. Boston: 1825.

Clason (A. W.) Outlines of Debates in Mass. Convention, in _Mag. of
Am. Hist._, xiv, 529.

[Gerry (E.)] Observations on the Constitution, by A Columbian
Patriot, No. 70.

[Jackson (J.)] Thoughts on the Political Situation, No. 82.

Journal of the Convention, No. 99.

Lodge (H. C.) Life of George Cabot. Boston: 1877.

Parsons (T.) Minutes of Debates, No. 99.

Parsons (T. Jr.) Memoir of Theophilus Parsons. Boston: 1861.

Procession in Boston, No. 99.

Russell’s Debates in the Convention, No. 97.

Smith (C. C.) History of the Mass. Convention, in Supplement to
_Boston Post_, Sept. 15, 1887.

Warren (E.) Life of John Warren. Boston: 1874.

Wells (W. V.) Life of Samuel Adams. Boston: 1866.

Rhode Island.

Arnold (S. G.) History of the State of R. I.N. Y.: 1859.

Hitchcock (E.) An Oration, July 4. 1788, No. 76.

Minutes of R. I. Convention, in Staple’s R. I., and the Continental
Congress, (p. 641). Providence: 1870.

Peterson (E.) History of R. I.N. Y.: 1853.

Staples (W. R.) R. I. and the Constitution, in R. I., and the
Continental Congress. Providence: 1870.

Connecticut.

Baldwin (S.) Oration, July 4th, 1788, No. 4.

Debates in the Convention, in _New Haven Gazette_, 1788.

Debates in Convention (fragment) in No. 30.

Hollister (G. H.) History of Conn. New Haven: 1855.

Johnson (A.) American Commonwealths. Connecticut. Boston: 1887.

Official letter from Sherman and Ellsworth, in No. 30.

New York.

Address to Citizens of Albany, No. 81.

Campbell (W. W.) Life of DeWitt Clinton. N. Y.: 1849.

Circular Letter of Convention, (ii, 413) of No. 30.

Debates in Convention, No. 104.

Dunlap (W.) History of N. Y.: 1840.

[Hamilton, Madison and Jay]. The Federalist, No. 32.

Hammond (J. B.) Political History of N. Y. Albany: 1842.

[Jay (J.)] Address to People of N. Y. No. 83.

Jay (W.) Life of John Jay. N. Y.: 1833.

Jenkins (J. S.) History of Political Parties in the State of N. Y.
Auburn: 1846.

Journal of Convention, No. 104.

Leake (I. Q.) Memoirs of John Lamb. Albany: 1857.

Letters of Brutus, No 99.

Macauley (J.) History of the State of N. Y. Albany: 1842.

Official letters from Yates and Lansing, (i, 480), No. 30.

Roberts (E. H.) American Commonwealth. New York. Boston: 1887.

Sketch of the Proceedings of the Convention, No. 80.

[Smith (M.)] Address to the People of N. Y., No. 120.

Stevens (J.A.) N. Y. and Federal Constitution, in _Mag. of Am.
Hist._, ii. 385.

[Webster (N.)] Account of the Procession, No. 80.

[Webster (P.)] The Weakness of Brutus, No. 133.

Whitlock (W.) Life of John Jay. N. Y.: 1887.

New Jersey.

Address to the Citizens of N. J. by a Jerseyman, in Carey’s _Am.
Museum_, ii. 436.

Gordon (T. F.) History of N. J. Trenton: 1834.

Minutes of the Convention, No. 102.

Mulford (G. S.) History of N. J. Phila.: 1851.

Proceedings of the Convention, in _N. Y. Journal_, Dec., 1787.

Raum (J. O.) History of N. J. Phila.: 1877.

Pennsylvania.

Address and Dissent of Minority of Pa. Convention. No. 1.

[Bryan (S.)] Letters of Centinel, Nos. 92 and 97.

[Coxe (T.)] Examination of the Constitution, No. 21.

Debates in the Convention. No. 92.

Debates in the Convention (fragment). No. 110.

Also in No. 30, ii, 415.

Egle (W. H.) Biographical Sketches of Members of the Pa. Convention,
in _Pa. Mag. of History and Biography_, x and xi.

Also in No. 92.

Graydon (A.) Memoirs of ... Harrisburg: 1811.

[Hopkinson (F.)] Account of the Procession. No. 77

Illustrated History of Pennsylvania. Phila.: 1880.

McMaster and Stone. Pa. and the Federal Constitution, No. 92.

Minutes of the Convention. No. 111.

Order of Procession at Philadelphia. No. 109.

Pickering (O.) and Upham (W. C.) Life of Timothy Pickering. Boston:
1868.

Reply to Address of Seceding Members Pa. Legislature, No. 3.

Reply to Seceding Members of Pa. Legis. by “Federal Constitution,”
No. 3.

Report of the Deputies of Northampton Co. in late Pa. Convention, in
Carey’s _Am. Museum_, iii, 75.

Review of the Constitution, No. 119.

View of the Proposed Constitution, No. 125.

[Webster (P.)] Remarks on the Address, 132.

[Webster (P.)] The Weakness of Brutus, No. 133.

Wilson (J.) Speech of October 6th, 1787. No. 136.

Wilson (J.) Substance of a Speech, No. 137.

Wilson (J.) and M’Kean (J.) Commentaries on the Constitution, No. 91.

Delaware.

[Dickinson (J.)] Letters of Fabius, No. 25.

Vinton (F.) History of Delaware. Phila.: 1870.

Maryland.

[Hanson (A. C.)] Remarks on the Constitution, No. 74.

McSherry (J.) History of Maryland. Baltimore: 1849.

Martin (G.) Genuine Information, No. 94.

Outline of Proceedings in Convention, (ii, 546), of No. 30.

Scharf (J. T.) History of Maryland. Baltimore: 1879.

Virginia.

Act Calling Convention, No. 126.

Clason (A. W.) Outline of Debates in Va. Convention, in _Mag. of Am.
Hist._, xv, 566.

Cooke (J. E.) American Commonwealth, Virginia. Boston: 1883.

Debates of the Convention, No. 127.

Howe (H.) Historical Coll. of Va. Charlston: 1856.

Howison (R. R.) History of Virginia. Phila.: 1846.

Journal of the Convention. No. 129.

Lee (R. H. Jr.) Life of Richard Henry Lee. Phila.: 1825.

Mason (G.) Objections to the Constitution, No 95.

[Montgomery (J.)] Letters of Decius. Nos. 100 and 105.

Randolph (E.) Letter on the Constitution, No. 116.

Tyler (M.C.) American Statesmen. Patrick Henry. Boston: 1887.

Wirt (W.) Life of Patrick Henry. Phila.: 1818.

North Carolina.

Amendments to the Constitution, No. 106.

Clason (A. W.) Outline of Debates in first Convention, in _Mag. of
Am. Hist._, xv, 352.

Hawks (F. L.) History of N. C. Fayetteville: 1857.

McRee (G. J.) Life of James Iredell. N. Y.: 1858.

Moore (J. W.) History of N. C. Raleigh: 1880.

Proceedings and Debates of First Convention, No. 107.

Williamson (H.) Address to the Freemen, No. 135.

South Carolina.

Clason (A. W.) Outline of Debates in S. C. Convention, in _Mag. of
Am. Hist._, xv, 153.

Debate in the House of Representatives on Convention, No. 122.

Fragments of Debates in Convention, No. 123.

[Ramsay (D.)] Address to the Freemen of S. C., No. 114.

Ramsay (D.) History of S. C. Charleston: 1809.

Simms (W. G.) History of S. C. Charleston: 1850.

Georgia.

Stevens (W. B.) History of Georgia. Phila.: 1859.

White (G.) Historical Collections of Georgia. N. Y.: 1854.

_Celebrations of Ratifications._

Baldwin (S.) Oration, July 4th, 1788, No. 5.

Hall (A.) Oration, June 30, 1788, No. 72.

Hitchcock (E.) An Oration, July 4, 1788, No. 76.

[Hopkinson (F.)] Account of the Procession, No. 77.

Order of Procession at Philadelphia, No. 109.

Procession in Boston, No. 99.

[Webster (N.)] Account of N. Y. Federal Procession, in No. 80.

FOOTNOTES:

(1) HELVITIUS.

(2) ABBE MABLE.

(3) A division of the legislature has been adopted in the new constitution of every state except Pennsylvania and Georgia.

(4) I cannot help remarking the singular jealousy of the constitution of Pennsylvania, which requires that a bill shall be published for the consideration of the people, before it is enacted into a law, except in extraordinary cases. This annihilates the legislature, and reduces it to an advisory body. It almost wholly supersedes the uses of _representation_, the most excellent improvement in modern governments. Besides the absurdity of constituting a legislature, without supreme power, such a system will keep the state perpetually embroiled. It carries the spirit of discussion into all quarters, without the means of reconciling the opinions of men, who are not assembled to hear each others’ arguments. They debate with themselves—form their own opinions, without the reasons which influence others, and without the means of information. Thus the warmth of different opinions, which, in other states, dies in the legislature, is diffused through the state of Pennsylvania, and becomes personal and permanent. The seeds of dissension are sown in the constitution, and no state, except Rhode Island, is so distracted by factions.

(5) In the decline of the republic, bribery or military force obtained this office for persons who had not attained this age—Augustus was chosen at the age of twenty; or rather obtained it with his sword.

(6) [“Query.”]

(7) [of]

(8) I say the senate was _elective_—but this must be understood with some exceptions; or rather qualifications. The constitution of the Roman senate has been a subject of enquiry, with the first men in modern ages. Lord Chesterfield requested the opinion of the learned Vertot, upon the manner of chusing senators in Rome; and it was a subject of discussion between Lord Harvey and Dr. Middleton. The most probable account of the manner of forming the senate, and filling up vacancies, which I have collected from the best writers on this subject, is here abridged for the consideration of the reader.

Romulus chose one hundred persons, from the principal families in Rome, to form a council or senate; and reserved to himself the right of nominating their successors; that is of filling vacancies. “Mais comme Romulus avoit lui même choisi les premiers senateurs il se reserva le droit de nommer a son gré, leurs successeurs.”—Mably, sur les Romains. Other well informed historians intimate that Romulus retained the right of nominating the president only. After the union of the Sabines with the Romans, Romulus added another hundred members to the senate, but by _consent of the people_. Tarquin, the _ancient_, added another hundred; but historians are silent as to the manner.

On the destruction of Alba by Hostilius, some of the principal Alban families were added to the senate, _by consent of the senate and people_.

After the demolition of the monarchy, Appius Claudius was admitted into the senate by _order of the people_.

Cicero testifies that, from the extinction of the monarchy, all the members of the senate were admitted by _command of the people_.

It is observable that the first creation of the senators was the act of the monarch; and the first patrician families claimed the sole right of admission into the senate. “Les familles qui descendoient des deux cent senateurs que “Romulus avoit créés,—se crurent seules en droit d’entrer dans le sénat.”—Mably

This right however was not granted in its utmost extent; for many of the senators in the Roman commonwealth, were taken from plebian families. For sixty years before the institution of the _censorship_, which was A. U. C. 311, we are not informed how vacancies in the senate were supplied. The most probable method was this; to enrol, in the list of senators, the different magistrates; viz., the consuls, prætors, the two quætors of patrician families, the five tribunes (afterwards ten) and the two ædiles of plebian families: The office of quæstor gave an immediate admission into the senate. The tribunes were admitted two years after their creation. This enrollment seems to have been a matter of course; and likewise their confirmation by the people in their comitia or assemblies.

On extraordinary occasions, when the vacancies of the senate were numerous, the consuls used to nominate some of the most respectable of the equestrian order, to be chosen by the people.

On the institution of the censorship, the censors were invested with full powers to inspect the manners of the citizens,—enrol them in their proper ranks according to their property,—make out lists of the senators and leave out the names of such as had rendered themselves unworthy of their dignity by any scandalous vices. This power they several times exercised; but the disgraced senators had an appeal to the people.

After the senate had lost half its members in the war with Hannibal, the dictator, M. Fabius Buteo, filled up the number with the magistrates, with those who had been honored with a civic crown, or others who were respectable for age and character. One hundred and seventy new members were added at once, with _the approbation of the people_. The vacancies occasioned by Sylla’s proscriptions amounted to three hundred, which were supplied by persons nominated by Sylla and _chosen by the people_.

Before the time of the Gracchi, the number of senators did not exceed three hundred. But in Sylla’s time, so far as we can collect from direct testimonies, it amounted to about five hundred. The age necessary to qualify for a seat in the senate is not exactly ascertained; but several circumstances prove it to have been about thirty years.

See Vertot, Mably, and Middleton on this subject.

In the last ages of Roman splendor, the property requisite to qualify a person for a senator, was settled by Augustus at eight hundred sestertia—more than six thousand pounds sterling.

(9) [“Between states, and excluding negroes,” added in author’s copy.—P. L. F.]

(10) It is a capital defect of most of the state-constitutions, that the senators, like the representatives, are chosen in particular districts. They are thus inspired with local views, and however wrong it may be to entertain them, yet such is the constitution of human nature, that men are almost involuntarily attached to the interest of the district which has reposed confidence in their abilities and integrity. Some partiality therefore for constituents is always expectable. To destroy it as much as possible, a political constitution should remove the grounds of local attachment. Connecticut and Maryland have wisely destroyed this attachment in their senates, by ordaining that the members shall be chosen in the _state at large_. The senators hold their seats by the suffrages of the state, _not of a district_; hence they have no particular number of men to fear or to oblige.—They represent _the state_; hence that union and firmness which the senates of those states have manifested on the most trying occasions, and by which they have prevented the most rash and iniquitous measures.

It may be objected, that when the election of senators is vested in the people, they must choose men in their own neighborhood, or else those with whom they are unacquainted. With respect to representatives, this objection does not lie; for they are chosen in small districts; and as to senators, there is, in every state, a small number of men, whose reputation for abilities, integrity and good conduct will lead the people to a very just choice. Old experienced statesmen should compose the senate; and people are generally, in this free country, acquainted with their characters. Were it possible, as it is in small states, it would be an improvement in the doctrine of representation, to give every freeman the right of voting for every member of the legislature, and the privilege of choosing the men in any part of the state. This would totally exclude bribery and undue influence; for no man can bribe a state; and it would almost annihilate partial views in legislation. But in large states it may be impracticable.

(11) [of]

(12) It is said by some, that no property should be required as a qualification for an elector. I shall not enter into a discussion of the subject; but remark that in most free governments, some property has been thought requisite, to prevent corruption and secure government from the influence of an unprincipled multitude.

In ancient Rome none but the free citizens had the right of a suffrage in the _comitia_ or legislative assemblies. But in Sylla’s time the Italian cities demanded the rights of the Roman citizens; alledging that they furnished two-thirds of the armies, in all their wars, and yet were despised as foreigners. Vell Paterc. lib. 2. cap. 15. This produced the _Marsic_ or _social_ war, which lasted two years, and caried off 300,000 men. Ibm. It was conducted and concluded by Pompey, father of Pompey the Great, with his lieutenants Sylla and Marius. But most of the cities eventually obtained _the freedom of Rome_; and were of course entitled to the rights of suffrage in the comitia. “Paulatim deinde recipiendo in civitatem, qui arma aut non ceperant aut deposuerant maturiùs, vires refectæ sunt.” Vell. Paterc. 2. 16.

But Rome had cause to deplore this event, for however reasonable it might appear to admit the allies to a participation of the rights of citizens, yet the concession destroyed all freedom of election. It enabled an ambitious demagogue to engage and bring into the assemblies, whole towns of people, slaves and foreigners;—and everything was decided by faction and violence. This Montesquieu numbers among the causes of the decline of the Roman greatness. De la grandeur des Romains, c. 9.

Representation would have, in some measure, prevented the consequences; but the admission of every man to a suffrage will ever open the door to corruption. In such a state as Connecticut, where there is no conflux of foreigners, no introduction of seamen, servants, &c., and scarcely an hundred persons in the state who are not natives, and very few whose education and connexions do not attach them to the government; at the same time few men have property to furnish the means of corruption, very little danger could spring from admitting every man of age and discretion to the privilege of voting for rulers. But in the large towns of America there is more danger. A master of a vessel may put votes in the hands of his crew, for the purpose of carrying an election for a party. Such things have actually taken place in America. Besides, the middle states are receiving emigrations of poor people, who are not at once judges of the characters of men, and who cannot be safely trusted with the choice of legislators.

(13) [These two paragraphs struck out in author’s copy.—P. L. F.]

(14) [Last two sentences struck out in author’s copy.—P. L. F.]

(15) The clause may at first appear ambiguous. It may be uncertain whether we should read and understand it thus—“The Congress shall have power to lay and collect taxes, duties, imposts and excises _in order to pay the debts_,” &c. or whether the meaning is—“The Congress shall have power to lay and collect taxes, duties, imposts and excises, and _shall have power to pay the debts_,” &c. On considering the construction of the clause, and comparing it with the preamble, the last sense seems to be improbable and absurd. But it is not very material; for no powers are vested in Congress but what are included under the general expressions, of _providing for the common defence and general welfare of the United States_. Any powers not promotive of these purposes, will be unconstitutional;—consequently any appropriations of money to any other purpose will expose the Congress to the resentment of the states, and the members to impeachment and loss of their seats.

(16) [“O” changed to “good” in author’s copy P. L. F.]

(17) “Quod nemo plebeius auspicia haberet, ideoque decemviros connubium diremisse, ne incerta prole auspicia turbarentur.” Tit. Liv. lib. 4. cap. 6.

(18) Auguriis certe sacerdotisque augurum tantus honos accessit, ut nihil belli domique postea, nisi auspicato, gereretur: concilia populi, exercitus vocati, summa rerum, ubi aves non admisissent, dirimerentur. Liv. lib. 1. cap. 37.

(19) [“The” and “of” struck out—“without” substituted in author’s copy—P. L. F.]

(20) [Last two sentences struck out in author’s copy.—P. L. F.]