CHAPTER XVI

OF PINCKNEY PERSONALLY

Pinckney was in the fourth generation of a family which had been distinguished for more than one hundred years for its public services. He had been elected to the provincial legislature of South Carolina before he had come of age; and he had made himself before the sitting of the Convention a prominent member of the Congress of the Confederated States. He had a clearer apprehension of the actual needs of American nationality than any other member of the Convention. This may be seen in his Observations and in his speech of the 25th of June. There is a passage in that speech in which anticipating the Farewell Address of Washington and the peace policy of Jefferson he looks forward through the ensuing century of the Constitution and depicts the practical blessings which it was to bring to the American people with a clearness and accuracy that is extraordinary:

"Our true situation appears to me to be this--a new, extensive country, containing within itself the materials for forming a government capable of extending to its citizens all the blessings of civil and religious liberty--capable of making them happy at home. This is the great end of republican establishments. We mistake the object of our government, if we hope or wish that it is to make us respectable abroad. Conquests or superiority among other powers is not, or ought not ever to be, the object of republican systems. If they are sufficiently active and energetic to rescue us from contempt, and preserve our domestic happiness and security, it is all we can expect from them--it is more than almost any other government insures to its citizens."

Pinckney's experience in the Congress of the Confederation made him despise the existing Federal Government and undervalue the local authority of the States. He came into the Convention its most extreme Federalist--more so even than Hamilton. As he said in the Observations:

"In the federal councils, each State ought to have a weight in proportion to its importance; and no State is justly entitled to greater."

"The Senatorial districts into which the Union is to be divided [in his plan] will be so apportioned as to give to each its due weight, and the Senate calculated in this as it ought to be in every government, to represent the wealth of the nation."

"The next provision [in his draught] is intended to give the United States in Congress, not only a revision of the legislative acts of each State, but a negative upon all such as shall appear to them improper."

"The idea that has been so long and falsely entertained of each being a sovereign State, must be given up; for it is absurd to suppose there can be more than one sovereignty within a government."

"Upon a clear and comprehensive view of the relative situation of the Union, and its members, we shall be convinced of the policy of concentring in the federal head a complete supremacy in the affairs of government."

In the Convention Pinckney moved that the members of the lower House should be chosen by the legislatures "of the several States"; but this was the one thing which he conceded to "the several States." The Senate was to be chosen by the House of Delegates; and what is more significant, the Senate was not to represent States, with the saving clause, "Each State shall be entitled to have at least one member in the Senate." Finally he would strike an absolutely fatal blow at State sovereignty by providing, "the Legislature of the United States shall have the power to revise the Laws of the several States that may be supposed to infringe the powers exclusively delegated by this Constitution to Congress, and to negative and annul such as do."

Knowing as we do of Pinckney's youth (he was not yet 30) and of Madison's poor opinion of him, it is desirable that we should know, if possible, what his contemporaries in the Convention thought of him. William Pierce the delegate from Georgia who has left to us the anecdote of Washington before quoted (p. 230) noted at the time his impressions of the leading members of the Convention. From these I select his sketches of four of the young members of the Convention who had even then attained distinction, Edmund Randolph, Rufus King, Alexander Hamilton and Charles Pinckney:

"Mr. Randolph is Governor of Virginia--a young gentleman in whom unite all the accomplishments of the Scholar and the Statesman. He came forward with the postulata or first principles on which the Convention acted; and he supported them with a force of eloquence and reasoning that did him great honor. He has a most harmonious voice, a fine person and striking manners."

"Mr. King is a Man much distinguished for his eloquence and great parliamentary talents. He was educated in Massachusetts, and is said to have good classical as well as legal knowledge. He has served for three years in the Congress of the United States with great and deserved applause, and is at this time high in the confidence and approbation of his Countrymen. This Gentleman is about thirty-three years of age, about five feet ten Inches high, well formed, an handsome face, with a strong expressive Eye, and a sweet high toned voice. In his public speaking there is something peculiarly strong and rich in his expression, clear, and convincing in his arguments, rapid and irresistible at times in his eloquence but he is not always equal. His action is natural, swimming, and graceful, but there is a rudeness of manner sometimes accompanying it. But take him _tout en semble_, he may with propriety be ranked among the Luminaries of the present age."

"Col. Hamilton is deservedly celebrated for his talents. He is a practitioner of the Law, and reputed to be a finished Scholar. To a clear and strong judgment he unites the ornaments of fancy, and whilst he is able, convincing, and engaging in his eloquence the Heart and Head sympathize in approving him. Yet there is something too feeble in his voice to be equal to the strains of oratory;--it is my opinion that he is a convincing Speaker, that (than) a blazing Orator. Col. Hamilton requires time to think,--he enquires into every part of his subject with the searchings of phylosophy, and when he comes forward he comes highly charged with interesting matter, there is no skimming over the surface of a subject with him, he must sink to the bottom to see what foundation it rests on.--His language is not always equal, sometimes didactic like Bolingbroke's, at others light and tripping like Sterne's. His eloquence is not so defusive as to trifle with the senses, but he rambles just enough to strike and keep up the attention. He is about 33 years old, of small stature, and lean. His manners are tinctured with stiffness, and sometimes with a degree of vanity that is highly disagreeable."

"Mr. Charles Pinckney is a young Gentleman of the most promising talents. He is, altho' only 24 [29] y's of age, in possession of a very great variety of knowledge. Government, Law, History and Phylosophy are his favorite studies, but he is intimately acquainted with every species of polite learning, and has a spirit of application and industry beyond most Men. He speaks with neatness and perspicuity, and treats every subject as fully, without running into prolixity, as it requires. He has been a member of Congress, and served in that Body with ability and eclat." (_William Pierce of Georgia_; 3 Amer. Hist. Review, 313.)

In this materialistic world of cause and effect there sometimes seem to be recurring fatalities which attend individuals that needlessness has not caused and that foresight could not have prevented--a fate of fire or flood or shipwreck, of good fortune or of bad fortune, of successes or of casualties of escapes or of disasters--a fate that fastens upon an individual and cannot be shaken off. The fate assigned to Pinckney seems to have been oblivion. Substantially everything which he prized is gone. His house was one of the finest in Charleston, if not the finest, and it was destroyed. He believed his library to be the most valuable library in the South and his great gallery to hold the rarest pictures in this country yet but a few volumes remain of the one and but two portraits of the other. His garden was the most beautiful in the State, it was his pride, his delight, and obliteration has indeed been its portion; even the soil which bore him flowers and shrubbery and trees and was laden with all the loveliness of semi-tropical vegetation is gone; for it was carried away during the Civil War to make military defenses. At the beginning of this investigation I began to search for the papers of which Pinckney speaks in his letter to the Secretary of State--papers which might throw new light on the framing of the Constitution or solve the problem of the contents of the draught. In this search General McCrady, of Charleston kindly and sympathetically co-operated, but I soon received his assurance that the quest was not a new one for him, and that neither in the Historical Society of South Carolina of which he was President nor in the possession of his friends could a document or paper or even a letter be found. At that time I desired to obtain a specimen of Pinckney's early handwriting and accordingly carried my pursuit into the circle of his direct descendants; but the sad reply came from his great-grandson, Mr. Charles Pinckney of Claremont, South Carolina that "all of his papers and private manuscripts were destroyed in the great fire in Charleston in 1861," and that his descendants possess "no remains of his handwriting except the autographs in his books." Letters and papers of eminent men are constantly coming to the light from unexpected hiding places and there is the official correspondence in the State Department and papers may exist in the public offices of South Carolina, but apart from these, my investigation stops at a point where it must be said that not so much as a single line of the writing of Charles Pinckney now exists.

In 1787 while Pinckney was in the full possession of his youthful power and fortune and all those things which give a man a prestige above his fellows, fate seems to have leaned forward and touched the instrument which was the supreme work of his life, the Draught of the Constitution of the United States--and to have set a seal upon the lips of every man who could testify as to its contents. If ever there was a paper of which it might be predicted that it would survive its time and be securely kept, that was the paper. The Convention was composed of the most orderly, caretaking and reputable of men, and the author of the draught was one of them. The command of the Convention was that its papers should be preserved. The papers were placed in the custody of the most scrupulous of men and by him transferred to the official guardianship of a department of the Government, and there we might expect to find the draught of Pinckney; but fate had touched the great State paper, and we find only that it had vanished mysteriously from the earth.

* * * * *

The following biographical sketch is by Mr. Wm. S. Elliott, of South Carolina, a grand nephew of Pinckney:

"In the diploma, by which the degree of Doctor of Laws was conferred upon him by the University of Princeton, New Jersey, it is expressly declared, that it 'is conferred on account of high acquirements, learning and ability, and particularly for his distinguished services in Congress and the Federal Convention.' From 1787 to 1789, he was traveling on the Continent and on his return, was elected Governor of the State. While Governor, he was a delegate to, and made president of the State Convention for forming the Constitution. In 1791 he was chosen a second time, and in 1796 a third time, Governor of the State; in 1798 a Senator in Congress, where he remained until 1801, when Mr. Jefferson appointed him Minister Plenipotentiary to Spain, with power to treat for the purchase of Louisiana and Florida. On his return in 1806, he was a fourth time honored with the position of Governor of the State, and he is the only citizen who has been so frequently elevated to the executive chair. From this period he retired from public life, until in 1818, when he was elected under great party excitement to the United States House of Representatives by Charleston District, and he here closed his political life with his speech in opposition to the Missouri Compromise.

"Family tradition and genealogical history are the very reverse of amber, which, itself a valuable substance, usually includes trifles; whereas, these trifles being in themselves very insignificant and trifling do, nevertheless, serve to perpetuate a great deal of what is rare and valuable in ancient manners, and to record many curious and minute facts, which could have been preserved and conveyed through no other medium.

"Charles Pinckney professed an exquisite appreciation of the beautiful in nature and in art. His collection of paintings, statuettes, medals, etc., rendered his house almost a museum. His fine library, occupying an entire suite of three large rooms--the floors and windows of which were kept richly carpeted and curtained, while the ceilings were decorated with classic representations--is supposed to have contained near twenty thousand of the rarest and choicest books, collected from every part of the Continent, and in every language spoken in the enlightened world."

Thomas Pinckney, who settled in South Carolina in 1687, was the father of (2) (3) William, Thomas. Master in Chancery. His Son, Col. Chas. Pinckney. His Son, Governor Charles Pinckney. His Son, Hon. Henry L. Pinckney.

"A life of Charles Pinckney was prepared and in the possession of the Hon. Henry L. Pinckney for revision and addition; with it were his valuable papers. The fire of 1861, which desolated the city of Charleston, destroyed almost everything, and this, and the former essay, are compiled from many stray notes, mutilated manuscripts and a few papers, still in our possession.

"A very strange and melancholy feeling overtakes us as we search the remains of Charles Pinckney. Here is a man upon whom Heaven appears to have showered its gifts. Distinguished in ancestry, possessing fine intellect, vigorous health, and large fortune, with his political ambition fully gratified, of refined tastes and cultivation, linking his name successfully and eminently, with his day and his race, and yet, here are his memorials in a few tattered bits of paper, scarcely decipherable. His ashes are in the family burying ground. The spot is known. No stone, however, marks his final resting-place. His house in Charleston years ago, passed into the hands of the stranger, and has been torn down. The very earth has been removed, and now forms one of the fortifications of White Point Battery, erected during the late war for the defense of the city of Charleston. The library is broken and scattered. The picture of Lady Hamilton, and his own portrait, are the only two that we know of that remain of his once splendid gallery. The beautiful grounds of "FEE FARM" have disappeared, and the plough runs its furrows through the grove, and the grave-yard.". DeBow's Review, April 2, 1866.

APPENDIX

MR. CHARLES PINCKNEY'S DRAUGHT OF A FEDERAL GOVERNMENT

We the people of the States of New Hampshire Massachusetts Rhode Island & Providence Plantations--Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Caroline South Carolina & Georgia do ordain declare & establish the following Constitution for the Government of Ourselves and Posterity.

Article 1:

The Stile of This Government shall be The United States of America & The Government shall consist of supreme legislative Executive and judicial Powers--

2

The Legislative Power shall be vested in a Congress To consist of Two separate Houses--One to be called The House of Delegates & the other the Senate who shall meet on the * * * day of * * * in every Year

3

The members of the House of Delegates shall be chosen every * * * Year by the people of the several States & the qualification of the electors shall be the same as those of the Electors in the several States for their legislatures--each member shall have been a citizen of the United States for * * * Years--shall be of * * * Years of age & a resident of the State he is chosen for--until a census of the people shall be taken in the manner herein after mentioned the House of Delegates shall consist of * * * to be chosen from the different states in the following proportions--for New Hampshire. * * * for Massachusetts * * * for Rhode Island * * *. for Connecticut. * * * for New York * * * for New Jersey, * * * for Pennsylvania. * * * for Delaware * * * for Maryld * * * for Virginie. * * * for North Caroline * * * for South Carolina----. for Georgia----. & the Legislature shall hereafter regulate the number of delegates by the number of inhabitants according to the Provisions hereinafter made, at the rate of one for every * * * thousand----all money bills of every kind shall originate in the house of Delegates & shall not be altered by the Senate--The House of Delegates shall exclusively possess the power of impeachment & shall choose its own Officers & Vacancies therein shall be supplied by the Executive authority of the State in the representation from which they shall happen--

4

The Senate shall be elected & chosen by the House of Delegates which House immediately after their meeting shall choose by ballot * * * Senators from among the Citizens & residents of New Hampshire. * * * from among those of Massachusetts. * * * from among those of Rhode Island. * * * from among those of Connecticut. * * * from among those of New York. * * * from among those of New Jersey * * * from among those of Pennsylvanie * * * from among those of Delaware-- * * * from among those of Maryland, * * * from among those of Virginia * * * from among those of North Caroline * * * from among those of South Caroline & * * * from among those of Georgia--

The Senators chosen from New Hampshire Massachusetts Rhode Island & Connecticut shall form one class--those from New York New Jersey Pennsylvanie & Delaware one class--& those from Maryland Virginie North Caroline South Caroline & Georgia one class--

The House of Delegates shall number these Classes one two three & fix the times of their service by Lot--the first Class shall serve for * * * Years--the second for * * * Years & the third for * * * Years--as their Times of service expire the House of Delegates shall fill them up by Elections for * * * Years & they shall fill all Vacancies that arise from death or resignation for the Time of service remaining of the members so dying or resigning--

Each Senator shall be * * * years of age at leest--shall have been a Citizen of the United States at 4 Years before his Election & shall be a resident of the state he is chosen from--

The Senate shall choose its own Officers

5

Each State shall prescribe the time & manner of holding Elections by the People for the house of Delegates & the House of Delegates shall be the judges of the Elections returns & Qualifications of their members.

In each house a Majority shall constitute a Quorum to do business--Freedom of Speech & Debate in the legislature shall not be impeached or Questioned in any place out of it & the Members of both Houses shall in all cases except for Treason Felony or breach of the Peace be free from arrest during their attendance at Congress & in going to & returning from it--both houses shall keep journals of their Proceedings & publish them except on secret occasions & the yeas and nays may be entered thereon at the desire of one * * * of the members present.

Neither house without the consent of the other shall adjourn for more than * * * days nor to any Place but where they are sitting.

The members of each house shall not be eligible to or capable of holding any office under the Union during the time for which they have been respectively elected nor the members of the Senate for one Year after--

The members of each house shall be paid for their services by the State's which they represent--

Every bill which shall have passed the Legislature shall be presented to the President of the United States for his revision--if he approves it he shall sign it--but if he does not approve it he shall return it with his objections to the house it originated in, which house if two thirds of the members present, notwithstanding the Presidents objections agree to pass it, shall send it to the other house with the Presidents Objections, where if two thirds of the members present also agree to pass it, the same shall become a law--& all bills sent to the President & not returned by him within * * * days shall be laws unless the Legislature by their adjournment prevent their return in which case they shall not be laws.

6th

The Legislature of the United States shall have the power to lay & collect Taxes, Duties, Imposts & Excises

To regulate Commerce with all nations & among the several states--

To borrow money & emit bills of Credit

To establish Post Offices

To raise armies

To build & equip Fleets

To pass laws for arming organising & disciplining the Militia of the United States--

To subdue a rebellion in any state on application of its legislature

To coin money & regulate the Value of all coins & fix the Standard of weights & measures

To provide such Dock Yards & arsenals & erect such fortifications as may be necessary for the United States, & to exercise exclusive Jurisdiction therein

To appoint a Treasurer by ballott

To constitute Tribunals inferior to the Supreme Court

To establish Post & military roads

To establish and provide for a national University at the Seat of the Government of the United States--

To establish uniform rules of Naturalization

To provide for the establishment of a Seat of Government for the United States not exceeding * * * miles square in which they shall have exclusive jurisdiction

To make rules concerning Captures from an Enemy

To declare the law & Punishment of piracies & felonies at sea & of counterfeiting Coin & of all offences against the Laws of Nations

To call forth the aid of the Militia to execute the laws of the Union enforce treaties suppress insurrections & repel invasions

And to make all laws for carrying the foregoing powers into execution.--

The Legislature of the United States shall have the Power to declare the Punishment of Treason which shall consist only in levying War against the United States or any of them or in adhering to their Enemies.--No person shall be convicted of Treason but by the Testimony of two Witnesses.--

The proportions of direct Taxation shall be regulated by the whole number of inhabitants of every description which number shall within * * * Years after the first meeting of the Legislature & within the term of every * * * Years after be taken in the manner to be prescribed by the legislature

No tax shall be laid on articles exported from the States--nor capitation tax but in proportion to the Census before directed

All laws regulating Commerce shall require the assent of two thirds of the members present in each house--

The United States shall not grant any title of Nobility--

The Legislature of the United States shall pass no Law on the subject of Religion, nor touching or abridging the Liberty of the Press nor shall the Privilege of the Writ of Habeas Corpus ever be suspended except in case of Rebellion or Invasion

All acts made by the Legislature of the United States pursuant to this Constitution & all Treaties made under the authority of the United States shall be the Supreme Law of the Land & all Judges shall be bound to consider them as such in their decisions

7

The Senate shall have the sole and exclusive power to declare war & to make treaties & to appoint Ambassadors & other Ministers to Foreign nations & Judges of the Supreme Court

They shall have the exclusive power to regulate the manner of deciding all disputes & Controversies now subsisting or which may arise between the States respecting Jurisdiction or Territory

8

The Executive Power of the United States shall be vested in a President of the United States of America which shall be his stile & his title shall be His Excellency----He shall be elected for * * * Years & shall be re-eligible.

He shall from time give information to the Legislature of the state of the Union & recommend to their consideration the measures he may think necessary--he shall take care that the laws of the United States be duly executed: he shall commission all the Officers of the United States & except as to Ambassadors other ministers & Judges of the Supreme Court he shall nominate & with the consent of the Senate appoint all other Officers of the United States--He shall receive public Ministers from foreign nations & may correspond with the Executives of the different states--He shall have power to grant pardons and reprieves except in impeachments--He shall be commander in chief of the army & navy of the United States & of the Militia of the several states, & shall receive a compensation which shall not be increased or diminished during his continuance in office--At Entering on the Duties of his office he shall take an Oath to faithfully execute the duties of a President of the United States--He shall be removed from his office on impeachment by the house of Delegates & Conviction in the supreme Court of Treason bribery or Corruption--In case of his removal death resignation or disability The President of the Senate shall exercise the duties of his office until another President be chosen--& in case of the death of the President of the Senate the Speaker of the House of Delegates shall do so----

9

The Legislature of the United States shall have the Power & it shall be their duty to establish such Courts of Law Equity & Admiralty as shall be necessary--the Judges of these Courts shall hold their Offices during good behavior & receive a compensation which shall not be increased or diminished during their continuance in office--One of these Courts shall be termed the Supreme Court whose Jurisdiction shall extend to all cases arising under the laws of the United States or affecting ambassadors other public Ministers & Consuls--To the trial of impeachments of Officers of the United States--To all cases of Admiralty & maritime jurisdiction--In cases of impeachment affecting Ambassadors and other public Ministers the Jurisdiction shall be original & in all the other cases appellate--

All Criminal offences (except in cases of impeachment) shall be tried in the state where they shall be committed--the trial shall be open & public & be by Jury--

10

Immediately after the first census of the people of United States the House of Delegates shall apportion the Senate by electing for each State out of the Citizens resident therein one Senator for every * * * members such state shall have in the house of Delegates--Each State however shall be entitled to have at least one member in the Senate------

11

No State shall grant Letters of marque & reprisal or enter into treaty or alliance or confederation nor grant any title of nobility nor without the Consent of the Legislature of the United States lay any impost on imports--nor keep Troops or Ships of War in Time of peace--nor enter into compacts with other states or foreign powers or emit bills of Credit or make anything but Gold Silver or Copper a Tender in payment of debts nor engage in War except for self defence when actually invaded or the danger of invasion is so great as not to admit of delay until the Government of the United States can be informed thereof--& to render these prohibitions effectual the Legislature of the United States shall have the power to revise the laws of the several states that may be supposed to infringe the Powers exclusively delegated by the Constitution to Congress & to negative & annul such as do

12

The Citizens of each state shall be entitled to all privileges & immunities of Citizens in the several states--

Any person charged with Crimes in any State fleeing from Justice in another shall on demand of the Executive of the State from which he fled be delivered up & removed to the State having jurisdiction of the Offence--

13

Full faith shall be given in each State to the acts of the Legislature & to the records & judicial Proceedings of the Courts & Magistrates of every State

14

The Legislature shall have power to admit new States into the Union on the same terms with the original States provided two thirds of the members present in both houses agree

15

On the application of the legislature of a State the United States shall protect it against domestic insurrections

16

If Two Thirds of the Legislatures of the States apply for the same The Legislature of the United States shall call a Convention for the purpose of amending the Constitution--Or should Congress with the Consent of Two thirds of each house propose to the States amendments to the same--the agreement of Two Thirds of the Legislatures of the States shall be sufficient to make the said amendments Parts of the Constitution

The Ratifications of the * * * Conventions of * * * States shall be sufficient for organizing this Constitution.--

* * * * *

DRAUGHT OF THE COMMITTEE OF DETAIL.

We the People of the States of New Hampshire, Massachusetts, Rhode-Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare and establish the following Constitution for the Government of Ourselves and our Posterity.

Article I

The stile of this Government shall be, "The United States of America."

II

The Government shall consist of supreme legislative, executive and judicial powers.

III

The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives, and a Senate; each of which shall in all cases, have a negative on the other. The Legislature shall meet on the first Monday in December in every year.

IV

_Sect. 1._ The Members of the House of Representatives shall be chosen every second year, by the people of the several States comprehended within this Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several States, of the most numerous branch of their own legislatures.

_Sect. 2._ Every Member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen in the United States for at least three years before his election; and shall be, at the time of his election, a resident of the State in which he shall be chosen.

_Sect. 3._ The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner herein after described, consist of sixty-five Members, of whom three shall be chosen in New Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New York, four in New Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina, and three in Georgia.

_Sect. 4._ As the proportions of numbers in the different States will alter from time to time; as some of the States may hereafter be divided; as others may be enlarged by addition of territory; as two or more States may be united; as new States will be erected within the limits of the United States, the Legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions herein after made, at the rate of one for every forty thousand.

_Sect. 5._ All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public Treasury, but in pursuance of appropriations that shall originate in the House of Representatives.

_Sect. 6._ The House of Representatives shall have the sole power of impeachment. It shall choose its Speaker and other officers.

_Sect. 7._ Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the State, in the representation from which they shall happen.

V

_Sect. 1._ The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall chuse two members. Vacancies may be supplied by the Executive until the next meeting of the Legislature. Each member shall have one vote.

_Sect. 2._ The Senators shall be chosen for six years; but immediately after the first election they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two and three. The seats of the members of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, of the third class at the expiration of the sixth year, so that a third part of the members may be chosen every second year.

_Sect. 3._ Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen in the United States for at least four years before his election; and shall be, at the time of his election, a resident of the State for which he shall be chosen.

_Sect. 4._ The Senate shall chuse its own President and other officers.

VI

_Sect. 1._ The times and places and the manner of holding the elections of the members of each House shall be prescribed by the Legislature of each State; but their provisions concerning them may, at any time, be altered by the Legislature of the United States.

_Sect. 2._ The Legislature of the United States shall have authority to establish such uniform qualifications of the members of each House, with regard to property, as to the said Legislature shall seem expedient.

_Sect. 3._ In each House a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day.

_Sect. 4._ Each House shall be the judge of the elections, returns and qualifications of its own members.

_Sect. 5._ Freedom of speech and debate in the Legislature shall not be impeached or questioned in any court or place out of the Legislature; and the members of each House shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at Congress, and in going to and returning from it.

_Sect. 6._ Each House may determine the rules of its proceedings; may punish its members for disorderly behaviour; and may expel a member.

_Sect. 7._ The House of Representatives, and the Senate, when it shall be acting in a legislative capacity, shall keep a journal of their proceedings, and shall, from time to time, publish them: and the yeas and nays of the members of each House, on any question, shall, at the desire of one-fifth part of the members present, be entered on the journal.

_Sect. 8._ Neither House, without the consent of the other, shall adjourn for more than three days nor to any other place than that at which the two Houses are sitting. But this regulation shall not extend to the Senate, when it shall exercise the powers mentioned in the * * * article.

_Sect. 9._ The members of each House shall be ineligible to, and incapable of holding any office under the authority of the United States, during the time for which they shall respectively be elected: and the members of the Senate shall be ineligible to, and incapable of holding any such office for one year afterwards.

_Sect. 10._ The members of each House shall receive a compensation for their services, to be ascertained and paid by the State, in which they shall be chosen.

_Sect. 11._ The enacting stile of the laws of the United States shall be. "Be it enacted, and it is hereby enacted by the House of Representatives, and by the Senate of the United States, in Congress assembled."

_Sect. 12._ Each House shall possess the right of originating bills, except in the cases beforementioned.

_Sect. 13._ Every bill, which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States for his revision: if, upon such revision, he approve of it, he shall signify his approbation by signing it: But if, upon such revision, it shall appear to him improper for being passed into a law, he shall return it, together with his objections against it, to that House in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider the bill. But, if after such reconsideration, two thirds of that House shall, notwithstanding the objections of the President, agree to pass it, it shall, together with his objections, be sent to the other House, by which it shall likewise be reconsidered, and, if approved by two thirds of the other House also, it shall become a law. But, in all such cases, the votes of both Houses shall be determined by Yeas and Nays; and the names of the persons voting for or against the bill shall be entered in the Journal of each House respectively. If any bill shall not be returned by the President within seven days after it shall have been presented to him, it shall be a law, unless the Legislature, by their adjournment, prevent its return; in which case it shall not be a law.

VII

_Sect. 1._ The Legislature of the United States shall have the power to lay and collect taxes, duties, imposts and excises;

To regulate commerce with foreign nations, and among the several States;

To establish an uniform rule of naturalization throughout the United States;

To coin money;

To regulate the value of foreign coin;

To fix the standard of weights and measures;

To establish post-offices;

To borrow money, and emit bills on the credit of the United States;

To appoint a Treasurer by ballot;

To constitute tribunals inferior to the supreme court;

To make rules concerning captures on land and water;

To declare the law and punishment of piracies and felonies committed on the high seas; and the punishment of counterfeiting the coin of the United States, and of offences against the law of nations;

To subdue a rebellion in any State, on the application of its Legislature;

To make war;

To raise armies;

To build and equip fleets;

To call forth the aid of the militia, in order to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions;

And to make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the government of the United States, or in any department or officer thereof,

_Sect. 2._ Treason against the United States shall consist only in levying war against the United States, or any of them, and in adhering to the enemies of the United States, or any of them. The Legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attainted.

_Sect. 3._ The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes) which number shall, within six years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such manner as the said Legislature shall direct.

_Sect. 4._ No tax or duty shall be laid by the Legislature on articles exported from any State; nor on the migration or importation of such persons as the several States shall think proper to admit; nor shall such migration or importation be prohibited.

_Sect. 5._ No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken.

_Sect. 6._ No navigation act shall be passed without the assent of two thirds of the members present in each House.

_Sect. 7._ The United States shall not grant any title of nobility.

VIII

The acts of the Legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States shall be the supreme law of the several States, and of their citizens and inhabitants; and the judges in the several States shall be bound thereby in their decisions; anything in the Constitutions or laws of the several States to the contrary notwithstanding.

VIIII

_Sect. 1._ The Senate of the United States shall have power to make treaties, and to appoint ambassadors and judges of the supreme court.

_Sect. 2._ In all disputes and controversies now subsisting, or that may hereafter subsist between two or more States, respecting jurisdiction or territory, the Senate shall possess the following powers. Whenever the Legislature, or the Executive authority, or the lawful agent of any State, in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing; notice of such memorial and application shall be given, by order of the Senate, to the Legislature or the Executive Authority of the other State in controversy. The Senate shall also assign a day for the appearance of the parties, by their agents, before that House. The agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question. But if the agents cannot agree, the Senate shall name three persons out of each of the several States, and from the list of such persons each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as the Senate shall direct, shall, in their presence, be drawn out by lot; and the persons, whose names shall be so drawn, or any five of them shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges, who shall hear the cause, agree in the determination. If either party shall neglect to attend at the day assigned, without shewing sufficient reasons for not attending, or, being present, shall refuse to strike, the Senate shall proceed to nominate three persons out of each State, and the clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such court; or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records for the security of the parties concerned. Every commissioner shall, before he sit in judgment, take an oath, to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward."

_Sect. 3._ All controversies concerning lands claimed under different grants of two or more States whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequent to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different States.

X

_Sect. 1._ The Executive Power of the United States shall be vested in a single person. His stile shall be, "The President of the United States of America;" and his title shall be, "His Excellency". He shall be elected by ballot by the Legislature. He shall hold his office during the term of seven years; but shall not be elected a second time.

_Sect. 2._ He shall, from time to time, give information to the Legislature, of the State of the Union: he may recommend to their consideration such measures as he shall judge necessary, and expedient: he may convene them on extraordinary occasions. In case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall take care that the laws of the United States be duly and faithfully executed: he shall commission all the officers of the United States; and shall appoint officers in all cases not otherwise provided for by this Constitution. He shall receive Ambassadors, and may correspond with the Supreme Executives of the several States. He shall have power to grant reprieves and pardons; but his pardon shall not be pleadable in bar of an impeachment. He shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States. He shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following Oath or Affirmation, "I * * * solemnly swear, (or affirm) that I will faithfully execute the Office of President of the United States of America." He shall be removed from his office on impeachment by the House of Representatives, and conviction in the Supreme Court, of treason, bribery, or corruption. In case of his removal as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the President of the Senate shall exercise those powers and duties until another President of the United States be chosen, or until the disability of the President be removed.

XI

_Sect. 1._ The Judicial Power of the United States shall be vested in one Supreme Court, and in such Inferior Courts as shall, when necessary, from time to time, be constituted by the Legislature of the United States.

_Sect. 2._ The Judges of the Supreme Court, and of the Inferior courts, shall hold their offices during good behaviour. They shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

_Sect. 3._ The Jurisdiction of the Supreme Court shall extend to all cases arising under laws passed by the Legislature of the United States; to all cases affecting Ambassadors, other Public Ministers and Consuls; to the trial of impeachments of Officers of the United States; to all cases of Admiralty and Maritime Jurisdiction; to Contriversies between two or more States (except such as shall regard Territory or Jurisdiction) between a State and citizens of another State, between citizens of different States, and between a State or the citizens thereof and foreign States, citizens or subjects. In cases of Impeachment, cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a State shall be a party, this Jurisdiction shall be original. In all the other cases before mentioned it shall be appellate, with such exceptions and under such regulations as the Legislature shall make. The Legislature may assign any part of the jurisdiction above mentioned (except the trial of the President of the United States) in the manner and under the limitations which it shall think proper, to such Inferior Courts as it shall constitute from time to time.

_Sect. 4._ The trial of all criminal offences (except in cases of impeachments) shall be in the State where they shall be committed; and shall be by jury.

_Sect. 5._ Judgment, in cases of Impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the United States. But the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

XII

No State shall coin money; nor grant letters of marque and reprisal; nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.

XIII

No State, without the consent of the Legislature of the United States, shall emit bills of credit, or make anything but specie a tender in payment of debts; lay imposts or duties on imports; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another State, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of a delay, until the Legislature of the United States can be consulted.

XIIII

The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

XV

Any person charged with treason, felony, or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive Power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.

XVI

Full faith shall be given in each State to the acts of the Legislatures, and to the records and judicial proceedings of the courts and magistrates of every other State.

XVII

New States lawfully constituted or established within the limits of the United States, may be admitted, by the Legislature, into this government; but to such admission the consent of two thirds of the Members present in each House shall be necessary. If a new State shall arise within the limits of any of the present States, the consent of the Legislatures of such States shall be also necessary to its admission. If the admission be consented to, the new States shall be admitted on the same terms with the original States. But the Legislature may make conditions with the new States concerning the public debt, which shall be then subsisting.

XVIII

The United States shall guaranty to each State a Republican form of government; and shall protect each State against foreign invasions, and, on the application of its Legislature, against domestic violence.

XVIIII

On the application of the Legislatures of two thirds of the States in the Union, for an amendment of this Constitution, the Legislature of the United States shall call a Convention for that purpose.

XX

The Members of the Legislatures, and the executive and judicial officers of the United States, and of the several States, shall be bound by oath to support this Constitution.

XXI

The ratification of the Conventions of * * * States shall be sufficient for organizing this Constitution.

XXII

This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention, that it should be afterwards submitted to a Convention chosen in each State, under the recommendation of its legislature, in order to receive the ratification of such Convention.

XXIII

To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Conventions of States, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution; that after such publication, the Legislatures of the several States should elect Members of the Senate, and direct the election of Members of the House of Representatives; and that the Members of the Legislature should meet at the time and place assigned by Congress, and should, as soon as may be, after their meeting, choose the President of the United States, and proceed to execute this Constitution.

INDEX

Adams, Secretary J. Q. Applies to Pinckney for draught, p. 4, 26 Interview with Rufus King, p. 145

Ambassadors To be appointed by the Senate, p. 82, 102, 210

Article III of Pinckney's Draught Relied upon by Madison, p. 61, 62, 93, 99, 100

Article V of Pinckney's Draught Relied upon by Madison, p. 61, 101

Article VIII of Pinckney's Draught Relied upon by Madison, p. 60, 78, 79, 82, 84, 97 Sustained by the Observations, p. 134

Bancroft, George, Expresses the general judgment, p. 7

Bill of Rights Not adopted by the Committee or the convention, p. 270 But is, in Pinckney's draughts and Observations, p. 270

Bridge which Madison built For Pinckney's friends, p. 6, 7, 21, 44

Butler Pierce of South Carolina Thinks election by the people impracticable, p. 87

Charges of Madison Analysed, p. 58, 62, 63

Chesapeak, the frigate, Surrender of, p. 56

Citizens. The clause securing privileges and immunities, p. 252

City Tavern, Members of the Convention dinner at, p. 239

Committee of Detail Appointed to prepare the Constitution, p. 69, 232 Report of the Committee, p. 69 Names of the Committee, p. 75 Secrecy of the Committee, p. 75, 76 Report exceeds instructions, p. 70 Consistent silences of the Committee until death, p. 200 How the Committee followed Pinckney, p. 213 The printing of the draught, p. 233, 234

Committee of Style Appointed, p. 69 Really Committee of Revision, p. 78 Correction of language, masterly, p. 78

Compensation of Members Adequate, p. 173 Resolution of the Committee of the Whole, p. 173 Report of the committee of detail, p. 174 In the Pinckney and Wilson draughts, p. 175 Deviation from instructions explained, p. 207, 209

Compensation of the President. Committee's draught disregards the 12th Resolution, p. 209 Follows Pinckney's draught, p. 210

Compromises, The, of the Constitution. Neither Madison nor Pinckney attempted a compromise, p. 265

Conclusions. Final conclusions on the whole case, p. 273

Confederated States. Bankrupt and drifting towards war, p. 249 Helpless as against the States, p. 251 Dependent upon voluntary contributions, p. 265 Could not enforce treaties on States, p. 265

Congress. See Election and Eligibility.

Constitution, The. Its four germinal stages, p. 66 Methods for consideration of, p. 67, 68 Birth of, p. 71 References to Committees, p. 69, 70, 78 The work of the Committee of Style, p. 78 Estimate of in 1818, p. 25, 27

Convention, The. Surviving members of, p. 24, 202 Philosophical methods of, p. 67 First days of the, p. 128, 129, 130 The first business day, p. 135 The secrecy of the convention, p. 227, 229, 232, 237 A lost paper, p. 230 Its careful preservation of papers, p. 287

Copyright and Patents. Not in the Department copy of the draught, p. 271 But Pinckney the author of those constitutional provisions, p. 271 Copyright cases, p. 206

Council of Revision. Considered, p. 46, 47, 50, 51 Pinckney's action regarding it, p. 50

Delicate. The word as used by Madison, p. 36

Draught of Committee of Detail. Reported by committee, p. 70 Description of, p. 71, 72, 234 Washington's copy of, p. 74 The notes by Major Jackson, p. 74 Agreement with Pinckney's draught, p. 79, 81, 255, 273 The "divide" in the march of the framers, p. 76 The compromises subsequent to the draught, p. 77 Sparks' analysis of it, p. 149 Sparks' test, p. 153, 156 Madison's non-reply to Sparks, p. 155, 156 The misplacing of veto power, p. 183, 220 The treason provisions, p. 185, 221 The Supreme Court jurisdiction clause, p. 191 The draught not yet written, p. 203 The preamble taken from Pinckney, p. 214 How the committee followed Pinckney, p. 215 The committee overrule Wilson, p. 222 Limit of time for preparing, p. 232, 235, 248 Engrossed on Pinckney's as copy for printer, p. 236, 241 "Delivered in" figuratively, p. 236 The most important document of the convention, p. 226 Printing of the draught, p. 233 The real authors of the draught, p. 165

Draught of Pinckney Presented to the convention, p. 429 Lost, p. 4, 224 The Department copy, p. 4 Description of, p. 16 Madison's Note to the, p. 58 When written, p. 86 The term, "The law of the land," p. 179 Provisions described in the Observations, p. 182 The misplacing of the veto power, p. 183, 220 The militia, p. 188 Randolph recognizes and uses, Art 11, p. 196 Article 11 described in the Observations, p. 198 Publicity attending Pinckney's draught, p. 201, 274 Used as printers' copy and destroyed, p. 236 Never discussed in convention, p. 257 Exaggerated value set upon it, p. 258 Provisions not adopted by the committee, p. 268 Provisions not in the Department case, p. 271 Provisions rejected, p. 263 Its inferiority in detail to the committee's, p. 153

Draught of Randolph. Description of, p. 161 The annotations of Rutledge, p. 164 Compensation of Senators, p. 163 The joint work of Randolph and Rutledge, p. 165 A disheveled draught, p. 190 Jurisdiction of the Supreme Court in, p. 191 Recognizes and uses Pinckney's Art. 11, p. 196

Draughts of Wilson. His three draughts, p. 160 Description of his 3d, p. 161 The annotations of Rutledge, p. 161 Wilson's preamble, p. 166, Charges against Pinckney, p. 168 The word "our," p. 169, 171 Articles which are not Wilson's, p. 182 The proper placing of the veto power, p. 183, 220 The treason provisions, p. 185, 221 The militia provisions, p. 188

Draught, rough. What it is, p. 20 Pinckney's not a rough draught, p. 10, 11 Wilson's rough draught, p. 166

Duer, William A. Madison's letter to, p. 36, 45 His position in New York, p. 45

Election of Representatives By the people, p. 9, 85, 91, 93, 94, 95, 97 Pinckney's change of mind, p. 85, 87, 94, 96 Agreement of Articles III and V with Observations, p. 90, 93 Vote of convention, p. 95

Election of the President. Madison's strictures on the draught, p. 60 Article VIII does not provide a method, p. 97 The omission not remarkable, p. 98 Choosing by the electoral colleges, p. 77, 133 Observations sustain Article VIII, p. 134

Eligibility of Representatives, etc. Pinckney on the question, p. 101, 103

Elliott, W. S. A grandnephew of Pinckney, p. 288 His sketch of Pinckney's life and home; of his library, picture gallery and garden, p. 288

Ellsworth, Oliver Did not draught a constitution, p. 165 Contributed nothing to draught of the committee, p. 165

Estoppel. Characterized by Coke, p. 132 Does not extend to historical students, p. 132

Federalists. Hamilton and Pinckney were, p. 279 Pinckney the most extreme federalist in the convention, p. 279

Ford, Worthington C. Publishes Pinckney's letter, p. 5

Framers of the Constitution. Two of the youngest and their work, p. 264

Franklin, Doctor. His farewell words to the convention, p. 70

Fraud and Plagiarism. The question of inexorable, p. 21 Detection probable, p. 24 Temptation small, p. 25 The absence of motive, p. 27, 28 Specifications of plagiarisms, p. 78 Failure of specified charges, p. 79 Not sustained by evidence, p. 275 The charge reduced to an absurdity, p. 195

Gerry of Massachusetts Opposes election by the people, p. 87

Gilpin, Henry D. Edits Madison's Journal, p. 5, 29

Gorham of Massachusetts. A member of the committee of detail, p. 75 Did not attempt to draught a constitution, p. 165

Grimke, Thomas S. Madison's letter to, p. 35

Habeas Corpus. The writ of, not to be suspended is in the draught, p. 269 Why the committee did not adopt, p. 270

Hamilton, Alexander. "Those who pay are the masters," p. 174 His not the style of the Constitution, p. 243 Pierce's description of Hamilton, p. 283

Historical Questions. Concerning the draught in the State Department, p. 12

Historical Society of N. Y. Possesses Pinckney's Observations, p. 105 Referred to by Madison, p. 110

Hunt, Gaillard. Description of the draught, p. 18

Immigration. Expected and relied upon, p. 170 Massachusetts constitution encourages, p. 169

Impeachment. In Pinckney draught, p. 211 In the committee draught, p. 211

Jackson, Major Wm. Elected secretary of the convention, p. 129 His notes on draught, p. 74, 75 His letter to Washington, p. 239 Delivers papers of the convention to Washington, p. 239, 241

Jameson, Professor, J. Franklin. He discovers two of the Wilson draughts, p. 159, 160

Jay, Chief Justice. His hand appears in the constitution of New York, p. 243

Jefferson, President. Madison's letter to, p. 33, 129

Jews. "The people called Jews" address the convention, p. 241

Journal, The, of Madison. Its completeness, p. 40 Omission of Pinckney's draught, p. 40 Publication of, p. 52, 63 His best appreciated work, p. 40 To be edited by Mrs. Madison, p. 63 Edited by Henry D. Gilpin, p. 5, 29 Madison method of writing, p. 122 Is the journal evidence against Pinckney, p. 275 It must be received as history, p. 277

King, Rufus. Mr. Adams' conversation with King, p. 145 King considered as a witness, p. 146 Pierce's description of King, p. 282

Knox, General Henry. Washington's letter to him, p. 128

Law of the Land. See Supreme Law of the Land.

Library company of Philadelphia. Order to the librarian directing him to "furnish the gentlemen" of the convention with books, p. 240

McLaughlin, Professor, Discovers a draught of Wilson, p. 158 Discovers report in confederated congress, August, 1786, "written in Pinckney's own hand," p. 260

Madison, President. His troubled life, p. 54 His failing memory, p. 52, 54, 81 His only alternative, p. 38 His age, p. 53, 54 His failure to testify, p. 38 His ignorance of the draught, p. 30, 38, 40, 53 His "Note" to the "Plan," p. 58 His "editorial footnote" to the "Note," p. 62, 63 His charges against the draught, p. 63 His objections to Pinckney's draught, p. 5, 6, 7, 43, 45, 46 His poor opinion of Pinckney, p. 32, 53 Most diligent member of convention, p. 80 His letters, p. 33, 34, 35, 36, 42, 43, 45, 54, 63, 107, 108, 109, 110, 129, 214 His comparison of the draught with the Constitution, p. 143, 156, 157 His silence on the primary issue, p. 156 His adroit management, p. 43, 157 Madison on the "object of the Union," p. 214 His and Pinckney's the constructive minds of the convention, p. 264 They agreed as to State legislation, p. 265, 267 They did not attempt to frame a compromise, p. 266 The work of one agrees with the work of the other, p. 267 Their names should be closely associated, p. 268

Madison's Journal. See Journal.

Mrs. Madison Her rescue of Washington's portrait, p. 56 Intended editor of the Journal, p. 63

Marshall, Chief Justice. Moulded the Constitution, p. 27 His majestic judicial reign, p. 37

Martin Luther. His resolution relating to the "Supreme law of the respective States," p. 179 His language a compromise, p. 181

Massachusetts Constitution furnishes provisions for Pinckney's draught, p. 83, 84, 250

Massachusetts and New York alone paid in full their quota, p. 249 Preamble of the Constitution derived from constitution of Massachusetts, p. 169 The word "posterity" unrestricted, p. 170

Meigs, William M. His "Growth of the Constitution," p. 161 Reproduces the Randolph draught in facsimile, p. 161 Growth of the Constitution cited and quoted, p. 189, 192

Militia, The. Pinckney's draught a radical departure, p. 188 Not authorized by the convention, p. 188 Pinckney's draught followed by Wilson rejected by the committee, p. 189

Money Bills. Madison refers to them, p. 99 Pinckney's position regarding them, p. 100

Morris, Gouverneur. His correction of the language of the Constitution, p. 78

Mystery. The name, p. 1 Its definition, p. 2

New York, the Constitution of, Furnishes the veto power, p. 47, 48 Furnishes other provisions, p. 83, 84, 216, 218, 250 New York and Massachusetts alone pay in full their quota, p. 249

Notes and Memoranda Of Pinckney and Madison, p. 11 "Note" of Madison to plan of Pinckney, p. 58 Editorial footnote to same, p. 62, 63

Observations, The Pamphlet. Cited by Madison, p. 33, 34, 43, 46, 50, 62 Cited by Pinckney, p. 90 When written, p. 93, 130 Description of, p. 105 Madison interest in, p. 107 Extracts from, p. 111 The Observations, a speech never made, p. 122, 126, 139 Madison and Yates evidence, p. 122 Contradictions in it, p. 126 Significant error in date, p. 127 Considered as a speech, p. 131 Considered as evidence, p. 132 Confirm Articles III, V, VIII, p. 132, 135 Explanation of Pinckney's publication, p. 135 Why speech was not delivered, p. 137 Why published, p. 138 Why Observations were not cited in Madison's "Note," p. 140 The Observations fateful, p. 141 They sustain the copy in the State department, p. 139 Articles in the draught described in the Observations cannot be questioned, p. 182, 189, 198, 253, 269, 270 Article 11 referred to by Randolph described in the Observations, p. 198

Patents. See Copyright.

Paulding, James Kirke. Memorandum for, p. 34, 42, 107 Letters to, p. 43, 108 Friend of Madison, p. 44, 45

Phenomenon, The, of Madison, p. 46, 53, 80

Pinckney, Charles. His official life, p. 23 His age, p. 88 Why he presented the Observations, p. 135 His strategic purpose, p. 137 Why he published the Observations, p. 138, 142 Desired the supremacy of the national government, p. 181, 279 He alone formulated a constitution before the convention met, p. 189 His misplacement of the veto power, p. 183 The style of the Constitution, p. 243, 245 His draught the only one, p. 249 His method of construction, p. 250 His composite work, p. 250, 251, 252 His generality of treatment and expression, p. 253 A condemned and misrepresented man, p. 254 His training and preparation, p. 261, 264 What he did and failed to o, p. 261 His co-operation with Madison, p. 264, 265, 267 His family, position, etc., p. 278 His speech of June 25, p. 278 The extremist federalist in the convention, p. 279 Pierce's description and estimate of him, p. 281, 284 The destruction of everything which Pinckney possessed, p. 285

Pinckney, Charles Cotesworth, Opposes election by the people, p. 88 Proposes that no salary be allowed to Senators, p. 176 Living in 1818, p. 24 The most esteemed citizen in S. C., p. 88

Pinckney's Letters To Secretary of State, p. 8, 12, 26, 27 Contemporary declaration, p. 10 Letter to Madison, p. 62

Pierce, William. His narrative of a lost paper in the convention, p. 230 His description of Randolph, King, Hamilton and Pinckney, p. 281

Preamble of the Constitution. Suggested by the Articles of Confederation, p. 169. Derived from Constitution of Massachusetts, p. 169 Randolph attempted draught of preamble, p. 162 Wilson attempted draught of preamble, p. 166 The preamble in the committee's draught, p. 168 It declared the source and supremacy of authority, p. 213 Ignored State governments, p. 213 The preamble unquestioned in the convention, p. 215

President, The. See Election of.

Printers--Copy. Pinckney draught used as printers' copy. p. 188, 208, 237

Randolph, Edmund. The Virginia resolutions cited as his, p. 68 Opens the main business of the convention, p. 130, 136 His draught of the Constitution, p. 158, 161

Read, George. Letter to Dickinson on Pinckney's draught, p. 89

Ritchie, Thomas. Madison's letter to, p. 63

Rutledge, John. Present in the convention, May 29, p. 135 Seconds Pinckney motion to strike out the word people and insert Legislatures, p. 95 Chairman of the Committee of Detail, p. 75 "Delivers in" the report of the committee, p. 70 His annotations on the other draughts, p. 162, 164, 182 He co-operates with Wilson and Randolph, p. 164 Used Pinckney draught when annotating, p. 182 His ruthless slashing of Wilson's, p. 161 His 43 amendments, p. 161, 204 Strongest man in the State, p. 88

Secrecy. The resolution of the convention, p. 228 Secrecy to continue after the dissolution of the convention, p. 228 Silence of members from May 29 to September 17, p. 229 Washington recognition of the obligation, p. 229 The obligation required that the draught be not lost, p. 232 Pinckney draught used as printers' copy and scrupulously destroyed, p. 237 Legal presumption that it was destroyed, p. 237 Secrecy of Committee of Detail, p. 75, 200, 237

Senate. Pinckney's Senate, p. 91, 217 To appoint ambassadors and judges, p. 102

South Carolina. The State postpones action in the convention, p. 175

South Carolina Gazette. Draught republished in, p. 274

Sparks, Jared. Writes to Madison, p. 42, 43, 144, 146, 147, 149 Madison to Sparks, p. 35, 42, 43, 110 His opinion of the draught, 148, 152 His correct analysis, p. 152 His most delicate test, p. 153

Story, Mr. Justice. Ignores the Draught, p. 6, 8, 12

"Supreme Law of the Land." History of the term. p. 179. The case of Trevatt v. Weeden gives judicial significance to it, p. 182 Derived from resolution of Congress, p. 251

Thomson, Doctor William H. Definition of mystery, p. 2

Time. The second condition imposed on the committee, p. 232 Two of these days were Sundays, p. 233 Three days required for printing, p. 234 200 constitutional provisions framed and printed within the limited time, p. 234

Treason. The punishment of treason, p. 185 How defined, etc., in the three draughts, p. 186 Caution of Rutledge and Pinckney, p. 186 Their provisions combined in the Constitution, p. 187

The Treaty Making Power. Lodged in the Senate exclusively, p. 210 Not authorized by the convention, p. 211 Committee of detail followed Pinckney erroneously, p. 211

Veto Power, The. Taken from the constitution of New York, p. 47 Misplaced by Pinckney and by the committee, p. 183, 220 Correctly placed by Wilson, p. 183

Washington, General, The. Madison's letters to, p. 33, 34 His copy of the committee's draught, p. 74 Letter to Congress, p. 54 His illness, and the illness of his mother, p. 128 His journey to Fredericksburg, p. 128 His arrival in Philadelphia, p. 129 President of the convention, p. 129 Letter to General Knox, p. 128 Made custodian of the records, p. 228, 239 His sense of the obligation of secrecy, p. 229 Extracts from his diary, p. 229 His admonition to the convention, p. 230 The convention's daily mark of respect, p. 230 Extracts from his diary of September 17, p. 239

Washington, City. Capture of, 56 Burning of the Capitol, p. 56

Wilson, James. His draughts of the Constitution, p. 158 Intelligent and wise, p. 159 Opposed the payment of representatives by the States, p. 175, 176 His proper treatment of the veto power, p. 183 His careful and logical work, p. 165, 187 Alien member of the convention, p. 199 A judge of the Supreme Court, p. 200 The hard-worker of the convention, p. 204 A signer of the Declaration, p. 171 He first suggests the Electoral Colleges, p. 77

Yates, Robert. Entry in his minutes, p. 29, 122 Report of Pinckney's speech, p. 30 His age, position and experience, p. 124 Value of his minutes, p. 125