good. Within these walls they were born, and here they shall die. If every one of us, in returning to our constituents, were to report the objections he had to it.. we might prevent its being generally received, and thereby lose all the salutary effects and great advantages resulting naturally in our favor among foreign nations as well as among ourselves from our real or apparent unanimity. . . . I hope, therefore, that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well administered.

Other Statesmen Present.-Among the other prominent delegates was James Wilson of Pennsylvania, a signer of the Declaration of Independence and the great apostle of representative government. He was one of the leading American lawyers of his day, and his speeches in favor of the Constitution present the advantages of popular representation in the strongest light. There were also present Gouverneur Morris, to whose pen we are indebted for the clear and concise style of the Constitution, Charles Cotesworth Pinckney of South Carolina, Rufus King and Elbridge Gerry of Massachusetts, and Roger Sherman of Connecticut.

Statesmen Absent.-Conspicuously absent from the Convention were Thomas Jefferson, at that time representing the Confederacy in Europe, and John Jay, then Secretary of Foreign Affairs. John Hancock and John Adams were not delegates, and Samuel Adams and Patrick Henry were opposed to any change in the existing government. Systems of Government Discussed.-Three forms of republican government were discussed in the Convention: namely, the National, which placed the power in the

hands of a central government and substantially did away with State lines except for the purposes of governing; the Confederate or Federal, which was similar to that instituted by the Articles of Confederation; and a third form, a compromise between the others, which placed the power in all national matters in a central government, and left the local matters of each State to the exercise of its own sovereignty. Under the latter plan both the general and State governments dealt, in their separate capacities, with the individual.

Plans Proposed.—At the very outset, two plans were presented to the Convention. One of these, based upon the national idea, was prepared by Madison, and was known as the "Virginia Plan." The other, based upon the confederate or federal* principle, was the work of Charles Cotesworth Pinckney. On June 13 the committee to which these plans had been referred reported favorably on the "Virginia Plan." Then the New Jersey delegates submitted what is known as the "New Jersey Plan," which proposed a government similar in many respects to that of the Confederacy. The larger States favored the "Virginia Plan," which based a State's representation in the central government upon the number of its inhabitants, and gave the national leg

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*Use of the Word "Federal."-With the adoption of the Constitution the word "federal" became generally applied to the system of government thereby established, while the system based upon a league between independent States was termed a confederacy." Thus the word "federal" was applied to the party which aimed at the adoption of the Constitution; and during the late civil war the same term was used to designate the Union forces, while the word "confederate" was applied to the armies of the seceding States.

islature the power of veto over state legislation; while the smaller States supported the "New Jersey Plan," which gave to each State an equal voice in the general government. Both plans differed radically from the Articles of Confederation, in that the three branches of government-the executive, legislative and judicial— which in the Confederacy had all been joined in the Congress, were separate and distinct.

Virginia Plan Adopted. The general outline of the "Virginia Plan" was adopted, and the Convention proceeded to take up the different subjects in detail and to harmonize the antagonisms among the various factions. It was during these discussions that the patience and patriotism of the delegates were often taxed to the utmost, and it was only through concessions by all that their labors were in the end successful.

Constitution Submitted to the States.-The completed Constitution, a mass of compromises, was then submitted to the States for adoption. Conventions were called and a period of the most intense excitement followed. The work was attacked on all sides. The conservative element in the different States strenuously opposed the new form of government. They saw the power of the States diminished, and in their stead a central government established, which they believed to be so strong as to endanger state and personal liberty. Objections were made to the Executive, to Senators and Representatives voting as individuals, to an oath of allegiance to the general government, and particularly to the absence of a Bill of Rights. The delegates were also made the object of attacks and their motives were questioned.

"The Federalist."-It was in meeting and answering these objections that Hamilton, assisted by Madison and Jay, was most active, and exerted a powerful influence in obtaining the ratification of the Constitution. Their replies and arguments, published in a series of papers known as "The Federalist," and which is still considered among the most learned and valuable treatises upon the Constitution, silenced all attacks and convinced the peo ple of the benefits of the proposed change. And after prolonged discussions, and even riots and violence, the conventions met, the work was ratified and the established Constitution went into effect March 4, 1789.

A list of the delegates is placed in Appendix II.

* The States ratified the Constitution in the following order: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789, and Rhode Island, May 29, 1790.

PART THIRD.

THE FEDERAL GOVERNMENT.

CHAPTER I.

THE PREAMBLE.

Many conflicting opinions exist concerning the sources of American institutions. One extreme view is that of Sir Henry Maine, who says that the "Constitution of the United States is a modified version of the English Constitution which was in existence between 1760 and 1787." In other words, American institutions are a mere copy of those of the England of that period. The other extreme is expressed by Mr. Gladstone-that "it is the greatest work ever struck off at any one time by the mind and purpose of man." That is, that the scheme of government as set forth in the Constitution is wholly original and the invention of the members of the Constitutional Convention. Each of these views is partially wrong. The Constitution is not a copy, nor is it entirely original. The safer statement is that it is the product of the experience and observation of the people in their connection with England, their colonial and state governments, and the Confederacy of 1781. This experience and observation had impressed upon the people the im portance of a stable union. Its advantages had been