Chapter 19

THE RISE OF NATIONAL SOVEREIGNTY

Shortly after the Federal Convention of 1787, a friend remarked to Gouverneur Morris, "You have made a good constitution." "That," replied Morris laconically, "depends on how it is construed!" From Washington to Jackson the process of construing the Constitution had gone on, intermittently by the executive and legislative, steadily by the judiciary. "The judiciary of the United States," wrote Jefferson in 1820, "is the subtle corps of sappers and miners constantly working underground to undermine the foundations of our confederate fabric. They are constantly construing our constitution from a coördination of a general and a special government, to a general and supreme one alone. They will lay all things at their feet, and they are too well versed in the English law to forget the maxim, '_boni judicis est ampliare jurisdictionem_.'"

Yet as late as 1800 the federal judiciary had pronounced none of those decisions which were to make it so powerful a factor in the assertion and maintenance of national sovereignty. In declining an appointment as Chief Justice, John Jay wrote to President Adams that he had "left the bench perfectly convinced that under a system so defective, it would not obtain the energy, weight, and dignity, which were essential to its affording due support to the National Government; nor acquire the public confidence and respect which, as the last resort of the justice of the Nation, it should possess."

The uncertainty of the law was in large part responsible for this lack of prestige. "Too great inattention," complained a Boston lawyer, in the _Columbian Centinel_ in 1801, "has hitherto prevailed as to the preservation of the decisions of our courts of law. We have neither authorized nor voluntary reporters. Hence we are compelled to the loose and interested recollections of counsel, or to depend wholly on British decisions." The first systematic attempt to secure records of opinions was made by Connecticut in 1785. Four years later, Ephraim Kirby, a printer in Litchfield, issued "the first regular printed law reports in America." This example was followed in other States; and in 1798 the first volume of United States Supreme Court Reports was published by Dallas.

The great period in the history of the Supreme Court coincides with the thirty-four years during which John Marshall held the office of Chief Justice. President John Adams rendered no more lasting service to the Federalist cause than when he appointed this great Virginian to the bench, for Marshall, if not a Federalist of the strictest sect, was a thoroughgoing nationalist. Down to his appointment only six decisions involving constitutional questions of any moment had been handed down; between 1801 and 1835, sixty-two were rendered, of which Marshall wrote thirty-six. The decisions of the court during "the reign of Marshall" fill thirty volumes of the Reports. Seven hundred and fifty-three cases were taken on appeal to the Supreme Court from the lower federal courts, and in nearly one half of these cases the decisions were reversed.

An American constitutional law did not exist when Marshall took office. Few precedents were available. In some of his important cases Marshall did not cite a single judicial decision. He reached his conclusions by the light of reason. "There, Story," he would say to his associate, "is the law. Now you must find the authorities." In a peculiar sense it is true to say that Marshall both laid the foundations of constitutional law and reared the superstructure, as one of his biographers remarks. But Marshall was ably supported by his colleagues; and he owed much, as he freely admitted, to the arguments of a remarkable body of lawyers of the federal bar. Wirt, Pinkney, and Webster were as truly creators of American constitutional law as the learned justices.

The constitutional importance of the decision of the Supreme Court in _Marbury_ v. _Madison_ has already been pointed out. In the development of the idea of national sovereignty, the significance of the decision lies in the emphatic assertion that the Supreme Court is the tribunal of last resort in cases involving the constitutionality of acts of Congress.

The first open resistance of a State to federal authority, as asserted by the Supreme Court, occurred in 1809, when the legislature of Pennsylvania interposed its authority to prevent the payment of prize money which had been awarded by a federal district court to Gideon Olmstead and others for their capture of the sloop Active during the Revolution. All efforts to secure a peaceful settlement of this controversy having failed, the Attorney-General, in behalf of Olmstead, applied to the Supreme Court for a writ of _mandamus_, directing Judge Peters of the district court to enforce his judgment. In granting the writ, Chief Justice Marshall pointed out the gravity of the issue. "If the legislatures of the several States," said he, "may at will annul the judgment of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution becomes a solemn mockery, and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals." Such a conclusion he emphatically repudiated. Reviewing the history of the case with all its details, he reached the uncompromising conclusion that "the State of Pennsylvania can possess no constitutional right to resist the legal process which may be directed in this cause.... A peremptory _mandamus_ must be awarded."

Judge Peters issued the writ, but all efforts of the marshal to serve the writ were thwarted by the state militia. The marshal then summoned a _posse comitatus_ of two thousand men. Bloodshed seemed imminent; but after an ineffectual appeal to the President, the Pennsylvania authorities gave way and paid over the money. Subsequently the officer commanding the militia and others were indicted, tried, convicted, and sentenced to fine and imprisonment, for resisting the writ of a federal court; but they were pardoned by the President because "they had acted under a mistaken sense of duty."

In this conflict of authority the National Government won at every point. Even the resolution which the legislature adopted in the heat of the controversy, calling for an amendment to the Constitution which should establish "an impartial tribunal to determine disputes between the General and State Governments," met with no approval from other States. Virginia, soon to be of a very different mind, responded that "a tribunal is already provided ... to wit: the Supreme Court, more eminently qualified from their habits and duties, from the mode of their selection, and from the tenure of their offices, to decide the disputes aforesaid in an enlightened and impartial manner, than any other tribunal which could be erected."

In two notable cases, the Supreme Court affirmed the constitutionality of the Judiciary Act of 1789 and asserted its authority to review and reverse decisions of the state courts when those decisions were adverse to alleged federal rights. The opinion in the first case, that of _Martin_ v. _Hunter's Lessee_, in 1816, was written by Joseph Story, of Massachusetts, who had been appointed to a vacancy on the bench by President Madison. Story was reputed to be a Republican, but he disappointed all expectations by becoming a stanch supporter of nationalist doctrines and only second to Marshall in his influence upon the development of American constitutional law.

The case of _Martin_ v. _Hunter's Lessee_ grew out of the old Fairfax claims which Marshall had represented as counsel before his appointment to the bench. In 1815, the Supreme Court had reversed the decision of the Court of Appeals of Virginia, and ordered the state court to execute the judgment rendered in the lower state court. The judges of the Court of Appeals, headed by Judge Spencer Roane, a bitter opponent of Marshall, formally announced that they would not obey the _mandamus_, holding that the twenty-fifth section of the Judiciary Act of 1789--that extending the appellate jurisdiction of the Supreme Court over state tribunals--was unconstitutional. The state-rights elements in Virginia quickly rallied to the support of the judges, and the Supreme Court found itself face to face with an incensed public opinion in the Old Dominion. In no wise daunted by this opposition, the Supreme Court reviewed its position in 1816 and again ordered the execution of its judgment.

Five years later, Chief Justice Marshall rendered a similar decision in the case of _Cohens_ v. _Virginia_. The counsel for the Commonwealth had argued that the appellate jurisdiction conferred by the Constitution on the Supreme Court was merely authority to revise the decisions of the inferior courts of the United States. "Congress," it was contended, "is not authorized to make the supreme court or any other court of a State an inferior court.... The inferior courts spoken of in the Constitution are manifestly to be held by federal judges." "It is the case, not the court, that gives jurisdiction," replied Marshall. "The courts of the United States can, without question, revise the proceedings of the executive and legislative authorities of the States, and if they are found to be contrary to the Constitution may declare them to be of no legal validity. Surely the exercise of the same right over judicial tribunals is not a higher or more dangerous act of sovereign power."

It was in the course of this decision that Marshall asserted in unmistakable language the sovereignty of the National Government. "The people made the Constitution and the people can unmake it.... But this supreme and irresistible power to make or to unmake resides only in the whole body of the people; not in any subdivision of them. The attempts of any of the parts to exercise it is usurpation, and ought to be repelled by those to whom the people have delegated the power of repelling it.... The framers of the Constitution were indeed unable to make any provisions which should protect that instrument against a general combination of the States, or of the people for its destruction; and conscious of this inability, they have not made the attempt. But they were able to provide against the operation of measures adopted in any one State, whose tendency might be to arrest the execution of the laws; and this it was the part of wisdom to attempt. We think they have attempted it."

Between these notable Virginia cases was decided, in 1819, the case of _M'Culloch_ v. _Maryland_, in which the Chief Justice sustained the constitutionality of the act establishing the National Bank, and declared a state law imposing a tax on a branch of the Bank unconstitutional and void. In the course of his opinion, which followed much the same line of reasoning that Alexander Hamilton had employed, Marshall stated in classic phraseology the doctrine of liberal construction. Holding that the Constitution was not a code of law, but a document marking out in large characters the powers of government, he sought, among the enumerated powers, not the lesser, but the great substantive, powers necessary to the purposes of the Union. These substantive powers, however, carry with them many incidental (Hamilton said _resulting_) powers, among which a choice may freely be made to achieve the desired and legitimate end. "Let the end be legitimate," said Marshall, "let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional." In an earlier decision (_United States_ v. _Fisher_, 1804), indeed, Marshall had refused to concede the force of the argument that the Federal Government was clothed only with the powers indispensably necessary to exercise powers expressly granted to it. "Congress must possess the choice of means which are in fact conducive to the exercise of a power granted by the Constitution."

The cumulative effect of these decisions was to provoke a violent reaction in Virginia. Under the pen-name "Algernon Sidney," Judge Roane renewed his attacks upon the Chief Justice in violent and at times offensive language. "The judgment before us," he declared, referring to the case of _Cohens_ v. _Virginia_, "will not be less disastrous in its consequences, than any of these memorable judgments [of the time of Charles I]. It completely negatives the idea, that the American States have a real existence, or are to be considered, in any sense, as sovereign and independent States." It seemed to Jefferson that the powerful arguments of Roane completely "pulverized" every word which had been uttered by John Marshall. John Taylor of Caroline, however, was the philosophical exponent of this reactionary movement. In his _Construction Construed_ (1820), _Tyranny Unmasked_ (1822), and _New Views of the Constitution_ (1823), he pointed out the manifest tendency of the decisions of the Supreme Court and suggested the "state veto" as the remedy against usurpation of power by the Supreme Court or by Congress. The legislature of Virginia indorsed an amendment to the Constitution drafted by Judge Roane which would have limited the jurisdiction of the federal courts, where the rights of the States were concerned, and which would have forbidden appeals from the courts of a State to any court of the United States. Beyond such remonstrances and protests, however, public opinion in Virginia was not prepared to go at this time.

The judges of the Supreme Court could not remain indifferent to these assaults. "If, indeed, the Judiciary is to be destroyed," wrote Story, "I should be glad to have the decisive blow now struck, while I am young, and can return to my profession and earn an honest livelihood." But he added, "For the Judges of the Supreme Court there is but one course to pursue. That is, to do their duty firmly and honestly, according to their best judgments."

It was in this spirit that the court rendered judgment in the case of _Green_ v. _Biddle_ (1823), which gave deep offense to the people of Kentucky by setting aside as unconstitutional the so-called "Occupying Claimant Laws." The remonstrance of the legislature was all the more bitter because the decision had been rendered by a bench of only four judges, one of whom dissented from the majority opinion. The resolutions of the legislature demanded a reorganization of the court in such wise that the concurrence of at least two thirds of the judges should be necessary in an opinion affecting the validity of state laws. And when Congress made no response, the lower House called upon the governor to express his opinion "whether it may be advisable to call forth the physical power of the State to resist the execution of the decisions of the court, or in what manner the mandates of said court should be met by disobedience." But Kentucky like Virginia kept well within the legal limits of petition and remonstrance.

In Ohio, also, there was an ominous spirit of resistance to the force of precedent. Notwithstanding the decision of the court in the case of _M'Culloch_ v. _Maryland_, the general assembly of that State not only enacted a law to tax the local branch of the National Bank, but actually seized the amount of the tax. Suit was thereupon brought against the state auditor; and in spite of the vigorous remonstrance of the legislature, the Supreme Court again sustained the constitutionality of the Bank and declared the state tax unconstitutional. The State was ultimately obliged to make restitution of the funds of the Bank.

[Map: Canals in the United States about 1825]

Meantime, the national judiciary had contributed to the expansion of the Constitution in notable ways; sometimes by affirming the constitutionality of powers exercised by the President or Congress, and at other times by narrowing the limits of state authority. In the case of the _American Insurance Company_ v. _Canter_, twenty-five years after the acquisition of Louisiana, Marshall affirmed the constitutionality of the treaty which had so aroused Jefferson's misgivings. "The Constitution," said the Chief Justice, "confers absolutely on the Government of the Union the powers of making war and of making treaties; consequently, that Government possesses the power of acquiring territory, either by conquest or by treaty."

In two instances, on the other hand, the Supreme Court gave an interpretation of the "obligation of contracts" clause of the Constitution which seriously limited the powers of the States. In the case of _Fletcher_ v. _Peck_ (1810), the court declared unconstitutional an act of the legislature of Georgia which attempted to revoke the notorious Yazoo land grants of 1795. A grant was held to be a contract within the meaning of the Constitution; and the court found no adequate ground for exempting such contracts from the prohibition of the Constitution.

Far-reaching in its implication, also, was the second instance, when the Supreme Court held unconstitutional and void the acts of the New Hampshire legislature which amended the charter granted by the Crown to Dartmouth College in 1769. Arguing as counsel for the college, of which he was an honored graduate, Daniel Webster held that the charter of a private corporation was a contract which might not be impaired by an act of a state legislature. Chief Justice Marshall only restated and amplified Webster's argument, when he rendered the opinion of the court and declared that New Hampshire might not by law impair the charter of Dartmouth College. To the argument of the counsel for the Commonwealth, contending that the framers of the Constitution never contemplated such a broad use of the word "contract," Marshall replied that it was not enough to say this particular use of the word was not in the mind of the Convention when the article was adopted. "It is necessary to go farther, and to say that, had this particular case been suggested, the language would have been so varied as to exclude it, or it would have been made a special exception."

The immense significance of this decision was not immediately apparent. The peculiar immunity which it gave to private property could not be appreciated until the rise of corporations with concentrated capital. Not even the Chief Justice foresaw that the guaranty of inviolability which he had thrown about a private educational corporation would be demanded with equal right by the great business corporations of the succeeding era.

[Map: Highways of the United States about 1825]

In the famous case of _Gibbons_ v. _Ogden_ (1824), the Supreme Court gave an interpretation of the commerce clause of the Constitution which also had a profound effect upon subsequent history. In the course of its decision the court declared unconstitutional a law of the State of New York which had granted an exclusive right to operate steamboats in the waters of New York. The regulation of commerce, the court held, had been given exclusively to Congress, and "commerce" as used in the Constitution comprehended not merely traffic and intercourse but also navigation. The power to regulate was regarded as a unit. In regulating commerce with foreign nations, the power of Congress does not stop at the jurisdictional lines of the several States. "If a foreign voyage may commence or terminate at a port within a State, then the power of Congress may be exercised within a State." Similarly, the court reasoned that commerce "among the States" cannot stop at the external boundary of each State. "Commerce among the States must of necessity be commerce with the States." In short, while expressly disclaiming that Congress had the power to regulate the internal commerce of a State, the court asserted the complete control of Congress over inter-state commerce so far as navigation was concerned. The deeper significance of this interpretation of the commerce clause appeared only when railroads began to span the continent and the jurisdictional lines of States were crossed and re-crossed by an ever-increasing volume of trade.

Twenty-five years had wrought a vast change in the position of the national judiciary in the American constitutional system. "It is now seen on every hand," wrote Attorney-General Wirt, urging the appointment of Chancellor Kent to a vacancy on the Supreme Court bench, "that the functions to be performed by the Supreme Court of the United States are among the most difficult and perilous which are to be performed under the Constitution. They demand the loftiest range of talents and learning and a soul of Roman purity and firmness. The questions which come before them frequently involve the fate of the Constitution, the happiness of the whole Nation, and even its peace as it concerns other nations." In the light of the decisions reviewed, the nationalizing tendency of the federal judiciary is unmistakable. But a constitutional reaction had set in; and even while John Marshall was setting forth the doctrine of national sovereignty in its most uncompromising form, John C. Calhoun in the quiet of his estate in South Carolina was elaborating a defense of state rights on premises which the great Chief Justice had combated for a quarter of a century.

BIBLIOGRAPHICAL NOTE

An adequate history of the Supreme Court has yet to be written. H. L. Carson, _The History of the Supreme Court of the United States, with biographies of all the chief and associate justices_ (2 vols., 1902-04), and H. Flanders, _The Lives and Times of the Chief-Justices of the Supreme Court_ (2 vols., 1855-58), are serviceable works. The best selection of cases on constitutional law is that by J. B. Thayer, _Cases in Constitutional Law_ (2 vols., 1894-95). Some of the more important decisions may be found abridged in Allen Johnson's _Readings in American Constitutional History_ (1912). W. W. Willoughby, _The Supreme Court: its History and Influence in our Constitutional System_ (1890), and _The American Constitutional System_ (1904), are interesting volumes by an authority on constitutional law. J. P. Kennedy, _Memoirs of the Life of William Wirt_ (2 vols., 1850); G. J. McRee, _Life and Correspondence of James Iredell_ (2 vols., 1857-58); W. W. Story, _Life and Letters of Joseph Story_ (2 vols., 1851); and G. T. Curtis, _Life of Daniel Webster_ (2 vols., 1870), contribute to an understanding of the relation of the federal bench and bar. Especially valuable is Charles Warren's _History of the American Bar, Colonial and Federal, to 1860_ (1911). The progress of American law is reviewed in _Two Centuries' Growth of American Law, 1701-1901_, by members of the faculty of the Yale Law School.

INDEX

Adams, Abigail, 120, 121.

Adams, John, Minister to England, 7; demands Western posts, 17; on the adoption of the Constitution, 41; elected Vice-President, 48; on the President's address, 50; re-elected Vice-President, 67; candidate for the Presidency, 92; elected President, 93; his attitude toward France, 96; appoints commissioners, 96-97; urges preparations for war, 98; sends X Y Z letters to Congress, 98; appoints officers of army, 101-02; at odds with Hamilton faction, 103; resumes relations with France, 103-04; his title to fame, 104; pardons Fries, 113; candidate for Presidency (1800), 116; and federal judiciary, 121-22; presidential elector (1820), 280; on European entanglements, 289-90; offers Chief Justiceship to Jay, 331.

Adams, John Quincy, and the practice of law, 20; on the new Constitution, 41; special envoy to England, 87; secures amendment of Jay Treaty, 88; defends the embargo, 189; resigns from Senate, 193; commissioner at Ghent, 227-29; on Jackson's invasion of Florida, 262; his reply to Spain, 262-63; on recognition of South American Republics, 290-91; challenges British claims on Pacific, 292; on future of Cuba, 292-93; protests Russian claims on the Pacific Coast, 293; advises against joint declaration with England, 295; candidate for the Presidency (1824), 308; favors internal improvements, 310; favors Tariff of 1824, 312; his electoral vote (1824), 312; wins Clay's following, 313-14; elected President by the House, 314; appoints Clay Secretary of State, 315; his first message, 318-19; and the civil service, 318-19; on the Panama Congress, 320, 321; and the Creek Indians, 324-26; and the Cherokee Indians, 326-27.

Adet, French Minister to United States, interferes in the election of 1800, 92-93; on Jefferson as an American, 290.

Agriculture, American, 126-27.

Alabama, admitted as a State, 251.

Alien and Sedition Acts, 109; petitions for the repeal of, 112; expiration of, 135.

Allston, Washington, 286.

Ambrister, Robert C., 261-62.

Amelia Island, _entrepôt_ for neutral trade, 199; occupied by the United States, 204; evacuated, 219.

American character, disclosed by the war, 232-33.

American Insurance Company _v._ Canter, 341-42.

American literature, want of, 283; from 1815 to 1830, 284.

Ames, Fisher, on the heads of departments, 89-90; on the Republican opposition, 108; on democracy, 161-62.

Annapolis Trade Convention, 28.

_Anthology and Boston Review_, 283.

Anti-Federalists, and the Constitution, 39.

Appointments, by Washington, 54-55; by John Adams, 122; by Jefferson, 130-31; by John Q. Adams, 318-19.

Arbuthnot, Alexander, 261-62.

Army, at the establishment of Government, 55; provisional, in 1798, 101-03; at the beginning of the War of 1812, 212; after the War of 1812, 241.

Articles of Confederation, proposed amendments to, 6; inadequacy of, 16-17, 21-24, 25-27.

Assumption of state debts, 58-61.

Ballou, Hosea, 288.

Baltimore, and Western trade, 254, 256.

Bancroft, George, 287.

Bank of the United States, opposed by Jefferson, 62; advocated by Hamilton, 63; charter of, 63; speculation in the stock of, 63-64; Congress refuses to recharter, 239; charter of the second, 239-40; management of, 267; investigation of, 267; popular hostility to, 267-68; taxation of the branches of, 268.

Baptists, in New England, 247; in the West, 301-02.

Barbour, James, 271.

Baumeler, Joseph, 246, 302.

Bayard, James A., and the election of 1801, 118-19; commissioner at Ghent, 227.

Benton, Thomas H., on the election of 1825, 315-16.

Berlin Decree, of Napoleon, 187; its revocation, 200.

Bible Society of the United States, 301.

Bladensburg, battle of, 222.

Blennerhassett, Harman, and Burr, 172-73, 175-76.

Blockade of American ports by British cruisers, 181-82, 201, 218, 233.

Blount conspiracy, 97.

Bonus Bill, advocated by Calhoun, 257; vetoed by Madison, 257.

Boone, Daniel, 14.

Boston, as an intellectual and literary center, 287.

Bowdoin, Governor James, and Shays' Rebellion, 20-21; suggests convention of the States, 27.

Breckenridge, John, 110.

Brown, Jacob, 220.

Brown, Moses, 124.

Bryant, William Cullen, 284.

Burr, Aaron, candidate for the Vice-Presidency (1796), 92; on politics in Connecticut, 115; carries the city of New York (1800), 115-16; elected Vice-President (1800), 118; candidate for Governor of New York, 165; approached by Federalists, 165-66; his duel with Hamilton, 166; his intrigues, 172-73; his expedition, 173-76; his arrest and trial, 176-78.

Cabot, George, 164.

Calhoun, John C., repudiates peaceable coercion, 207; favors Tariff of 1816, 237; his nationalism, 241-42; on constitutional limitations, 242; his Bonus Bill, 257; Secretary of War, 258; candidate for the Presidency, 307; candidate for the Vice-Presidency, 308; elected Vice-President, 312; on the Tariff of 1828, 328-29; elaborates his defense of state rights, 345.

Campbell, Alexander, 288.

Canada, proposed conquest of, 203, 213.

Canals, constructed and projected, in 1825, 255-56.

Canning, George, and the Chesapeake affair, 186; on the embargo, 191; on British naval losses, 216; on intervention, 292; overtures to Rush, 294; on the new doctrine of President Monroe, 296.

Capital, location of the national, 60-61; removed from Philadelphia to Washington, 119-21.

Caucus, _congressional_ (1800), 116; (1804), 167; (1808), 193-94; (1812), 216; (1816), 243; hostility to, 307, 308; (1824), 308. _legislative_, 305.

Channing, William E., 288.

Chase, Samuel, impeachment of, 139-41.

Cherokee Indians, in Georgia, 326-27.

Chesapeake Bay, navigation of, 27-28; British military operations in, 221-23.

Chesapeake, United States frigate, and the Leopard, 184-86; reparation offered for, 197; avenged, 202; captured, 218.

Chippewa, battle of, 220.

Cincinnati, Society of the, 24.

Civil service. _See_ Appointments.

Claiborne, W. C. C., Governor of the Mississippi Territory, reports withdrawal of the right of deposit, 148; takes possession of West Florida, 204.

Clark, George Rogers, and Genet, 74-75.

Clay, Henry, his early career, 202-03; in the Senate, 203; Speaker of the House, 207; commissioner at Ghent, 227, 229; his nationalism, 241-42; on the National Bank Bill, 242; opposes the Florida Treaty, 264-65; on the extension of slavery, 270; on the admission of Missouri, 279; on the counting of the electoral vote (1820), 280; advocates an American system, 289; candidate for the Presidency (1824), 307-08; on internal improvements, 309-10; urges a protective tariff, 310; favors the Tariff of 1824, 312; his electoral vote (1824), 312; and Jackson, 313, 314, 315; and Crawford, 313; and Adams, 313-14; accepts Secretaryship of State, 314; denies corrupt-bargain charge, 313-15; favors Panama Congress, 320; on the status of Cuba, 321.

Clinton, De Witt, nominated for the Presidency (1812), 216; promotes the Erie Canal, 255-56.

Clinton, George, candidate for Vice-Presidency (1792), 67; elected Vice-President (1804), 167; candidate for the Presidency (1808), 194.

Cohens _v._ Virginia, 336-37.

Colonization Society, 272.

Commerce, _foreign_, during the Revolution, 2; restrictions upon, 3, 7; power to regulate, 34; revival of, 46-47; aggressions on, 76-77, 86-87; and Jay's Treaty, 85-87; Mississippi opened to, 87; during European wars, 124, 179-80; during the War of 1812, 233; after the Treaty of Ghent, 233-34. _internal_, between South and Northwest, 252-53; along the Mississippi, 253-54; between East and other sections, 254-56.

Commonwealth _v._ Caton, 19.

Compromises of the Constitution, 33-35.

Congress, _of the Confederation_, and finance, 5-6; peregrinations of, 6; and foreign commerce, 7-8; and the public domain, 8; organizes the Northwest Territory, 10-12; and the State of Franklin, 15; and Shays' Rebellion, 21-22; and the Annapolis Convention, 28-29; and the new Constitution, 38, 44. _of the new Union_, elections to, 44; assembles, 47; organizes, 48; attends the counting of the electoral vote, 48; hears the inaugural address, 48, 49; enters upon its duties, 50.

Connecticut, favors the open door, 8; ratifies the Constitution, 41; refuses call for militia, 213; and the Hartford Convention, 224; adopts a new Constitution, 304; suffrage in, 304; authorizes first law reports, 332.

Connecticut Wits, the, 123.

Constitution of the United States, drafting of, 30-35; publication of, 35-38; ratification of, 39-43; voting on, 43-44; first amendments to, 55; Twelfth Amendment to, 166-67; judicial interpretation of, 331-45.

Constitution, United States frigate, captures L'Insurgente, 101; captures the Guerrière, 215; captures the Java, 216.

Constitutions, of new States, 303-04; of the old States, 304-05.

Convention of 1787, origin, 28-29; choice of delegates to, 29; proceedings of, 30-38; journal of, 30; its work, 35-36.

Cooper, J. Fenimore, 285.

Corrupt-bargain cry, in 1825, 313-15.

Cotton gin, invention of, 127; effect of, 127-28.

Cotton-growing, spread of, 127, 249-51.

Cotton manufacturing, beginnings of, 124; after the embargo, 234-35; after the Peace of Ghent, 235-36.

Court reports, first published, 332.

Courts, federal. _See_ Federal judiciary, Judiciary Act, etc.

Crawford, William H., candidate for presidential nomination (1816), 243-44; nominated for the Presidency (1824), 308; on internal improvements, 310; on the Tariff of 1824, 312; his electoral vote (1824), 312; his vote in the election by the House, 314.

Creek Indians, rising of, 219; capitulation of, 220; in East Florida, 260; lands in Georgia, 324-26.

Crisis of 1819, 266-67.

Cuba, interest of the United States in, 293, 321.

Cumberland Road. _See_ National Road.

Currency, under the Confederation, 5; after the War of 1812, 238-39, 240-41.

Cushing, William, 54.

Cutler, Manasseh, 11-12.

Dallas, A. J., Secretary of the Treasury, and the tariff, 237-38; and the new National Bank, 241.

Dartmouth College Case, 342-43.

Davis, Jefferson, father of, 249.

Dearborn, Henry, Secretary of War, 130-31; in the War of 1812, 213, 218.

Decatur, Stephen, 145, 215.

Delaware, instructs delegates to the Federal Convention, 30; ratifies the Constitution, 41.

Democracy in the United States, 298-301, 303-07.

Democratic societies, founded, 75; condemned by Washington, 83-84.

_Demos Krateo_ principle, 315-16.

Dennie, Joseph, 283.

Departments, executive, organized, 51-52; Fisher Ames on, 89-90.

Deposit, right of, at New Orleans, 87; withdrawn, 148.

Detroit, surrender of, 214.

Dorchester, Lord, Governor of Canada, 68, 78-79.

Duties on imports, proposed in 1781, 1783, 6.

Dwight, Timothy, his _Conquest of Canaan_, 123; on the back-country people, 247.

East Florida, revolution in, 204; occupied by United States, 204; rendezvous, 259-60; invaded by Jackson, 260-62.

Ellsworth, Oliver, 53-54.

Embargo Act, _of 1794_, 79; _of 1807_, 188-89; enforcement of, 190-91, 194-95; as a coercive weapon, 190, 192; effect of, 191-93; in New England, 193, 195; repeal of, 196; _of 1812_, 209.

Emerson, Ralph Waldo, 287.

Emigration, from New England, 247-48; from the Middle States, 248; from the South, 249.

Era of Good Feelings, 266.

Erie Canal, construction of, 255-56.

Erskine, D. M., British Minister to the United States, 197.

Essex, case of the, 180.

Essex Junto, 164, 193, 224.

Everett, Edward, 287.

Executive Departments, establishment of, 51-52.

Fallen Timber, battle of, 80-81.

Far West, 258-59.

Fauchet, J. A. J., succeeds Genet, 76; urges acquisition of Louisiana, 91.

Fearon, Henry B., 247, 248.

Federal Convention of 1787. _See_ Convention of 1787.

_Federalist_, the, 43.

Federalist party, origin of, 39-40. _See also_ Presidential elections.

Finances, of the Confederation, 5-6; of the new Government, 50-51, 56-64.

Fiscal administration, beginnings of national, 51.

Fisheries, discussed at Ghent, 229; in the Convention of 1818, 259.

Fletcher _v._ Peck, 170, 342.

Floridas, controversy over the boundaries of, 16, 68; northern boundary settled, 87; proposed purchase of, 148; and the province of Louisiana, 151, 158-59; sought by Jefferson, 170-71; acquisition of, 264.

Florida Treaty, 264-65.

Foreign-born in the United States, 245-46.

Foster, A. J., British Minister to the United States, 201.

France, concessions to American commerce, 46; covets Spanish colonies, 70-71; sends Genet to United States, 71-72; demands rights under treaties of 1778, 72-73; substitutes Fauchet for Genet, 76; opens colonies to neutral trade, 76-77; attempts to procure Louisiana, 91; offended at Jay's Treaty, 92-93; refuses to receive Pinckney, 95; the X Y Z affair, 98-99; involved in hostilities with United States, 101; convention of 1800, 104, 146; acquires Louisiana, 146; expedition against Santo Domingo, 146-47; cedes Louisiana to United States, 149, 150; continental system, 187-88; and the embargo, 191-92; sequesters American vessels, 199-200; withdraws decrees, 200.

Franklin, Benjamin, in the Convention of 1787, 30, 32.

Franklin, State of, 15.

French Revolution, influence on America, 72.

Freneau, Philip, 65-66, 123.

Fries Rebellion, 113.

Fulton, Robert, 232.

Gallatin, Albert, Representative, 89; on the treaty-making power, 90-91; Secretary of the Treasury, 130; his policy of retrenchment, 132-33; and the Mediterranean Fund, 144; urges enforcement of the embargo, 194; recommends war taxes, 208; commissioner at Ghent, 227, 229; and the Convention of 1818, 259; on equality in Pennsylvania, 300.

Gardoqui, Don Diego de, Spanish Minister to United States, 16.

Genet, E. C., French Minister to United States, 71-72; designs on Florida and Louisiana, 73; sets up prize courts, 73-74; revolutionary activities, 73-75; discredited, 76; recalled, 76.

Georgia, ratifies the Constitution, 41; and the Yazoo land grants, 168-70; and the Creek Indians, 324; protests against the Treaty of Washington, 325; and the Indian lands, 325-26; protests against the tariff, 327.

Gerry, Elbridge, commissioner to France, 96; and the X Y Z affair, 98-100; elected Vice-President (1812), 216.

Ghent, Treaty of, preliminary negotiations, 227-29; terms of, 229-30.

Gibbons _v._ Ogden, 343-45.

Giles, William, resolution censuring Hamilton, 66; on the reform of the judiciary, 134-35; on impeachment, 140.

Gray, Captain Robert, of the Columbia, 47.

Great Britain, imposes restriction on American commerce, 3; refuses commercial treaty, 7; retains Western posts, 7; Nootka Sound affair, 69; policy in the Northwest, 68-70; and the Rule of 1756, 76-77; preys on neutral commerce, 77-78; and the Jay Treaty, 84-88; and the Blount conspiracy, 97; and the case of the Essex, 180; exercises right of search, 182; condones impressment, 182; evades reparation for the Chesapeake affair, 186; demands recall of proclamation, 186; retaliates for French decrees, 188; and the embargo, 191; repudiates Erskine Treaty, 197; recalls Jackson, 198; and the withdrawal of French decrees, 200; offers reparation for the Chesapeake affair, 201; blockades New York, 201; incurs American hostility, 208-10; withdraws orders in council, 210; and the War of 1812, 212-30; declines Russian mediation, 227; negotiates for peace, 227; concludes Treaty of Ghent, 228-29; concludes Convention of 1818, 259; aroused by Jackson's Florida campaign, 262; and the European congresses, 291; protests against intervention, 292; overtures to the United States, 292-94.

Green _v._ Biddle, 340.

Greenville, Treaty of, 87; disregarded by settlers, 205.

Grenville, Lord, negotiates with Jay, 79, 85.

Griswold, Roger, on the treaty-making power, 90; and the project of a New England confederacy, 164; on the office of Vice-President, 167.

Grundy, Felix, 207.

Guerrière, British frigate, 202, 215.

Hamilton, Alexander, defends Waddington, 4; drafts Annapolis report, 28; on the opposition to the Constitution, 41; contributes to the _Federalist_ papers, 43; and the bill to establish the Treasury Department, 52; Secretary of the Treasury, 54; first Report on the Public Credit, 56-60; alleged deal with Jefferson, 61-62; second Report, 61-62; on the National Bank Bill, 62-63; on the French treaties, 73; defends Jay's Treaty, 86; retires from the Treasury, 89; and the Presidency, 92; advises recall of Monroe, 95; major-general, 102; urges enforcement of Alien Act, 113; hostility to John Adams, 116; opposes Federalist alliance with Burr, 165; duel with Burr, 166.

Hard times, under the Confederation, 2-3; in 1819-20, 268-69.

Harmar, Fort, seat of government in the Northwest, 14.

Harrisburg Convention, 327-28.

Harrison, William Henry, concludes Indian treaties, 205-06; wins battle of Tippecanoe, 200; in the War of 1812, 217-18.

Hartford Convention, origin of, 224-25; journal of, 225; report of, 225-27.

Harvard College, 287.

Hayne, Robert Y., on the Panama Mission, 322-23.

Henry of Prussia, Prince, and the regency of the United States, 24.

Hicks, Elias, 288.

Holy Alliance, designs of the so-called, 291.

Hopkinson, Joseph, 101.

Horseshoe Bend, battle of, 220.

Hudson's Bay Company, 259.

Hull, Captain Isaac, captures the Guerrière, 215.

Hull, General William, surrenders Detroit, 214.

Ildefonso, Treaty of, 146.

Illinois, settlement of, 248; admitted as a State, 251.

Immigration into the United States, 245.

Impeachment, of Senator Blount, 97; of Judge Pickering, 138-39; of Justice Chase, 139-41.

Impressment of American seamen, in 1793-94, 77-78; not mentioned in the Jay Treaty, 84-85; condoned by the British Admiralty, 182; deeply resented in United States in 1806, 183; abolition demanded by Monroe, 186; as a cause of the War of 1812, 209; in the negotiations at Ghent, 228 and the Treaty of Ghent, 229-30.

Imprisonment for debt, 269.

Indiana, settlement of, 245; admitted as a State, 251.

Indian Treaties in the Northwest, 205-06.

Industry, during the Revolution, 2; revival of, 47; protection of, in the tariff of 1789, 51; growth of, 124. _See also_ special industries, and Tariff Acts.

Ingersoll, Jared, 216.

Internal improvements, popular demand for, 255; carried on by States, 255-56; proposed by Gallatin in 1806, 256; Calhoun's Bonus Bill, 257; Madison on, 257; Monroe on, 258; in Congress, 258, 309; Survey Bill, 309.

Intervention of the Great Powers, in Italy, 292; in Spain, 292.

Irving, Washington, 284, 285.

Jackson, Andrew, wins battle of Horseshoe Bend, 220; concludes treaty with the Creeks, 220; wins the battle of New Orleans, 227; invades East Florida, 261-62; on precedent, 268; on rotation in office, 304; candidate for the Presidency (1824), 307-08; favors Survey Bill, 310; favors protective policy, 312; his electoral vote (1824), 312; his vote in the House election, 314; and Clay, 315; significance of his popular vote, 316; candidate for the Presidency (1828), 318.

Jackson, F. J., British Minister to United States, 198.

Jacobinism, 107, 114, 161.

Jay, John, diplomatic agent of United States, 16; contributes to the _Federalist_ papers, 43; appointed Chief justice, 54; envoy extraordinary to England, 79; drafts treaty, 84; declines appointment as Chief Justice, 331-32.

Jay Treaty, negotiated, 84; discussed in Senate, 84-85; evaluation of, 85-86; popular opinion of, 86; amended in Senate, 86-87; promulgated by President, 88; debated in the House, 90-91; gives offense to France, 92-93.

Jefferson, Thomas, Ordinance of 1784, 8; Secretary of State, 54; on speculation in government paper, 58; on assumption, 60-61; on the excise, 62; on the Bank Bill, 62-63; his distrust of Hamilton, 64; fears British designs on Louisiana, 69; on the French treaties, 73; proposes retaliatory legislation against England, 78; candidate for the Presidency (1796), 92; elected Vice-President, 93; on war message of Adams, 98; drafts Kentucky Resolutions, 110; candidate for the Presidency (1800), 110; directs political campaign of 1800, 112; elected President, 118; on the Revolution of 1800, 119; personal appearance, 128; on husbandry, 128; on commerce and coercion, 129; inaugural address, 129-30; on the work of the general Government, 130; and the patronage, 131-33; mastery of Congress, 132, 133-34; on retrenchment, 132-33; on the judiciary, 134-35, 141, 331; on impeachment, 141; on the navy, 143; on the retrocession of Louisiana, 147; instructions to Livingston, 148; his information about Louisiana, 152; authorizes Lewis and Clark expedition, 152; on the acquisition of Louisiana, 153-54; on New England Federalism, 162-63; reëlected President (1804), 167; attempts to acquire the Floridas, 170-71; his proclamation against Burr, 175; sends Pinkney to England, 181; and the Chesapeake affair, 186; recommends embargo, 190; abdicates, 194; favors protection of manufactures, 236; on Canning's overtures, 294; on internal improvements, 319.

Johnson, R. M., 271.

Judicial review, power of, 4, 19, 137-38.

Judiciary Act, _of 1789_, passed, 53-54; tested, 335-37; _of 1801_, passed, 121-22; repealed, 134-35.

Judiciary, federal, organized, 53-54; reorganized, 121-22; and Republican reforms, 134-35; feared by Jefferson, 331; influence in 1800, 331-32; controversy with Pennsylvania, 333-35; controversy with Virginia, 336-37, 338-39; expands the Constitution, 341-45; nationalizing influence, 345.

Kent, James, on universal suffrage, 305; his appointment to the Supreme Court urged, 345.

Kentucky, separatist movement in, 16; admitted as a State, 55; intrigues in, 68; radical legislation in, 268; protests against the decision of court in Green _v._ Biddle, 340.

King, Rufus, candidate for the Vice-Presidency, 167, 194; elected Vice-President, 244; on slavery in Missouri, 277.

Kirby, Ephraim, 332.

Knox, Henry, refuses to serve in the provisional army, 10; Secretary of War, 22, 55; and Shays' Rebellion, 22.

Kremer, George, 314.

L'Ambuscade, French frigate, 74.

Land Act of 1820, 269.

Land Ordinance of 1785, 10.

Lands, disposal of the public, 10-12, 269-70.

Latrobe, Benjamin H., 123, 236.

Leander, British frigate, 181-82.

Leclerc, V. E., expedition against Santo Domingo, 146-47, 149.

Lee, Henry, and the Whiskey Insurrection, 83.

Leopard-Chesapeake affair, 184-86.

Lewis and Clark expedition, 152-53.

Lincoln, Abraham, father of, 249; education of, 303.

Lincoln, Levi, 130-31.

L'Insurgente, French frigate, 101.

Little Belt, British sloop-of-war, 202.

Little Sarah affair, 75.

Livingston, Robert, Minister to France, 148-49; negotiates for Louisiana, 150-51; on the bounds of Louisiana, 151, 158-59.

Louisiana, Spanish province, threatened by France, 71; retroceded to France, 146; acquired by the United States, 149-51; Senate opposition to, 155-56; provision for the government of, 156-58; transfer of, 157; bounds of, 158-59; western boundary settled, 264.

Lowndes, William, 307.

Lundy's Lane, battle of, 220.

Lyon, Matthew, prosecution of, 110.

M'Culloch _v._ Maryland, 268, 337-38.

Macdonough, Thomas, wins battle of Plattsburg, 221-22.

McHenry, James, Secretary of War, 101, 103.

Maclay, William, on the President's address, 50; on the Judiciary Act, 54.

Macon bills, 199.

Macon, Nathaniel, Speaker of the House, 133-34; on non-intercourse, 199.

Madison, James, on affairs in Georgia, 7; on state jealousies, 8; in the Federal Convention, 29-30; contributes to the _Federalist_ papers, 43; proposes constitutional amendments, 55; on stock-jobbing, 63-64; on Hamilton's financial policy, 64; proposes retaliatory legislation (1793), 78; drafts Virginia Resolutions, 110-11; Secretary of State, 130; on the Yazoo commission, 169; favors peaceable coercion, 180-81; on impressments, 186; and George Rose, 187; elected President, 194; and Erskine, 197; and Jackson, 198; issues proclamation against England, 200; authorizes occupation of West Florida, 204; and the war party, 208-09; recommends an embargo, 209; his war message, 209-10; his proclamation of war, 210; reëlected President (1812), 216-17; and New England, 223, 225; his estimate of the war, 231-32; favors mild protection of industries, 236; vetoes Bank Bill, 239; signs second Bank Bill, 239; message of 1815, 241; his farewell address, 243, 257; on Canning's overtures, 294.

Magazines as literature, 1815-30, 284.

Mahan, Admiral A. T., on the War of 1812, 231.

Maine, the admission of, 275-77; suffrage in, 304.

Malbone, Edward G., 286.

Manufactures, beginnings of, 46, 124. _See_ special industries.

Marbury _v._ Madison, case of, 136-37; constitutional importance of, 333.

Marietta, founding of, 13.

Marshall, John, on the Constitution as the expression of the will of the people, 43; commissioner to France, 96; and the X Y Z affair, 98-100; appointed Chief Justice, 136; and Jefferson, 136; opinion in Marbury _v._ Madison, 136-37, 333; at the trial of Burr, 177-78; influence of, 332-33; opinion in United States _v._ Peters, 334; opinion in Cohens _v._ Virginia, 336-37; opinion in M'Culloch _v._ Maryland, 337-38; opinion in United States _v._ Fisher, 338; opinion in American Insurance Company _v._ Canter, 341-42; opinion in Fletcher _v._ Peck, 342; opinion in Dartmouth College Case, 342-43; opinion in Gibbons _v._ Ogden, 343-45.

Martin, Luther, 18, 177.

Martin _v._ Hunter's Lessee, 335-36.

Maryland, commercial differences with Virginia, 27-28; ratifies the Constitution, 41; taxes branch bank, 337.

Mason, George, 34.

Massachusetts, disorders in, 19-20; Shays' Rebellion, 20-22; ratifies the Constitution, 41; refuses call for militia, 213; calls Hartford Convention, 224; dispatches commissioners to Washington, 227; suffrage in, 305.

Mediterranean Fund, 144.

Methodism, in New England, 247; in the West, 301-02.

Metternich, Prince, and the Holy Alliance, 291-92.

Migration, inter-state, after the Revolution, 13-14; after the War of 1812, 246-47.

Milan Decree, issued by Napoleon, 188; withdrawn, 200.

Militia question, in Massachusetts, 213, 223.

Miranda, Francisco, 70.

Missionary enterprises, 288.

Mississippi, admitted as a State, 25; suffrage in, 303.

Mississippi River, navigation of, 16, 87, 229.

Missouri, admission as a State, 277, 279; electoral vote in 1820, 280.

Missouri Compromise, the, 277.

Missouri controversy, political aspects, 274-75; and public opinion, 275; constitutional aspects, 276-77; settlement, 277, 279.

Monroe, James, Minister to France, 94-95; recalled, 95; and the purchase of Louisiana, 149-50; Minister to England, 183-84; candidate for the Presidency (1808), 194; elected President (1816), 244; on internal improvements, 258; and General Jackson, 260-63; reëlected President (1820), 280; on recognition of South American republics, 290; on Canning's overtures, 294; re-drafts message, 295; message of 1823, 295-96; vetoes Cumberland Road Bill, 309; pardons Pennsylvania militiamen, 334-35.

Monroe Doctrine, genesis of, 289-95; in the President's message, 295-96; Canning on, 296; implications of, 296-97, 322.

Moore, Thomas, on American letters, 123.

Morfontaine, Treaty of, 104, 146.

Mormonism, rise of, 302.

Morris, Gouverneur, in Federal Convention, 35-36; on the Constitution, 331.

Morris, Robert, Superintendent of Finance, 5.

Napoleon Bonaparte, concludes convention with United States, 146; acquires Louisiana, 146; sends Leclerc against Santo Domingo, 146; sells Louisiana to United States, 149-50; his Berlin Decree, 187; his Milan Decree, 188; sequesters American vessels, 189-200; and the embargo, 191-92; revokes decrees, 200.

_National Gazette_, Republican newspaper, 65.

National Road, construction of, 256; appropriations for, 258; bill for collection of tolls on, 309.

Naturalization Act, _of 1798_, 109; _of 1801_, 135-36.

Navigation laws, want of power in Congress to pass, 7; of the States, 8; passed by Congress (1789), 51; and shipping, 124.

Navy of the United States, in 1798-99, 101; under Jefferson, 133; in Tripolitan War, 144-45; in the War of 1812, 212-30, _passim_.

Navy Department, established, 101.

Neutrality, proclamation of, 72-73.

Neutral trade. _See_ Commerce.

New England Confederacy, projected in 1804, 163-66.

New England Federalism, characteristics of, 161-63; and the embargo, 192-93, 195-96.

New Hampshire, ratifies the Constitution, 41; on assumption, 60; and the Hartford Convention, 224.

New Jersey, and its neighbors under the Confederation, 8; ratifies the Constitution, 41.

New Orleans, battle of, 227.

Newspapers, character of, in 1800, 107, 110, 112; founding of, 112.

New York, treatment of the Tories in, 4; ratifies the Constitution, 42-43; settlement of western, 248; constitution of 1821, 304-05.

New York City, and Western trade, 255-56; as a literary center, 286.

Nicholson, Joseph, and the impeachment of Pickering, 139; on the nature of impeachable offenses, 140.

Nominating methods, changes in, 305, 307, 308.

Non-Importation Act of 1806, 181, 188.

Non-Intercourse Act of 1809, 196; evasions of, 198-99; enforcement of, 198-99; revived against England, 201.

Nootka Sound affair, 69.

_North American Review_, founded 283-84.

North Carolina, and the Watauga settlers, 14-15; rejects the Constitution, 44; ratifies the Constitution, 55.

Northwest, receives settlers from New England, 13-14, 247; from the Middle States, 248; from the South, 248-49; commerce of, 252-54.

Ohio Company, origin of, 10-11; concessions of Congress to, 11-12; begins colonization, 13.

Ohio, taxes branch Bank of the United States, 268; seizes funds, 340; forced to make restitution, 341.

Olmstead, Gideon, claimant in federal courts, 333-34.

Onis, Luis de, Spanish Minister to the United States, 262-64.

Orders in council, _of 1783_, 3; _of 1793-94_, 77-78; _of 1807_, 188; withdrawal in 1812, 210.

Ordinance of 1784, 9; _of 1785_, 10; _of 1787_, 12-13.

Oregon, joint occupation of, 259.

Otis, Harrison Gray, 225.

Palfrey, John G., 287.

Panama, Congress, invitation to, 320-21; opposition in Congress to, 322-23; fate of the mission, 323.

Paper money, continental, 5; state, 17-18.

Paris, Treaty of, aftermath of, 1-2.

Parsons, Samuel, 11.

Party, deprecated by Washington, 108; identified with faction, 108-09; rights of, in opposition, 114; place of, in popular government, 119.

Party organization, 107, 305, 307.

Pasha of Tripoli, 143, 145.

Paterson, William, in the Federal Convention, 31-32.

Patronage. _See_ Appointments.

Pennsylvania, and the Federal judiciary, 333-35.

Perry, Oliver H., wins naval supremacy of Lake Erie, 217.

Philadelphia, as the seat of government, 119-20; as a literary center, 123; and Western trade, 254, 256.

Pickering, John, impeachment of, 138-39.

Pickering, Timothy, Secretary of State, 103, 113; on the Louisiana Treaty, 156; plots a New England confederacy, 164; opposes the embargo, 193; secessionist in 1814, 225.

Pike, Zebulon M., expeditions of, 153.

Pinckney, Charles, and the election of 1800, 117.

Pinckney, Charles C, Minister to France, 95; commissioner to France, 96; and the X Y Z affair, 98-99; appointed major-general, 102; candidate for the Vice-Presidency (1800), 116; candidate for the Presidency (1804), 167; candidate for the Presidency (1808), 194.

Pinckney, Thomas, concludes Treaty of San Lorenzo, 87; candidate for the Vice-Presidency (1800), 92-93.

Pinkney, William, Envoy to England, 181; negotiates treaty, 184; takes abrupt leave, 201; on the admission of Missouri, 276-77; influence at the federal bar, 333.

Pittsburg, distributing center in the West, 254.

Plattsburg, battle of, 221-22.

_Port Folio_, Dennie's, 283.

Postal service in 1800, 106.

Posts, retention of Western, 17, 68, 79, 84.

Potomac, navigation of, 16, 27-28; location of the capital on, 60-61.

Preble, Edward, and the Tripolitan War, 145.

Prescott, William H., 287.

Presidency, created in the Federal Convention, 34-35.

President, appointing and removing power of, 52.

President, American frigate, 202.

Presidential elections, _of 1788_, 48; _of 1792_, 66-67; _of 1796_, 92-94; _of 1800_, 115-17; _of 1801_, 118-19; _of 1804_, 167; _of 1808_, 193-94; _of 1812_, 216-17; _of 1816_, 243-44; _of 1820_, 280; _of 1824_, 312-13, 316; _of 1825_, 314.

Prevost, Sir George, 221-22.

Privateers, in the War of 1812, 218-19.

Prophet, the, 205.

Public domain, origin of, 8.

Quids, followers of Randolph, 170.

Rambouillet, decree of, 199-200.

Randolph, Edmund, in the Federal Convention, 30-31; Attorney-General, 55; on the French treaties of 1778, 73.

Randolph, John, position in the House, 134; in the Chase impeachment, 139-41; and the Yazoo controversy, 169-70; and the purchase of Florida, 171; and the indictment of Burr, 177; derides the Non-Importation Bill, 181; on the cause of the War of 1812, 213; on the Tariff of 1816, 237; on state rights, 243; on the Tariff of 1828, 330.

Rapp, George, 302.

Relief Act of 1821, 269.

Republican court at Philadelphia, 119-20.

Republican party, origin of, 64-67. _See also_ Presidential elections.

Revivals in New England, 288.

Rhea letter to General Jackson, 261.

Rhode Island, opposes changes in the Articles of Confederation, 6; paper money craze, 18-19; out of the new Union, 44; ratifies the Constitution, 55; and the Hartford Convention, 224.

Right of deposit at New Orleans, 87; withdrawn, 148.

Roane, Spencer, resists judgment in the case of Martin _v._ Hunter's Lessee, 336; attacks the federal judiciary, 338-39.

Robertson, James, 14, 68.

Rodgers, John, 201, 202.

Rose, George, 186-87.

Rule of 1756, 76-77, 179-80.

Rush, Benjamin, Minister to England, 259; Canning's overtures to, 294.

Russell, Jonathan, commissioner at Ghent, 227.

Russia, offers to mediate in 1813, 227; and the Holy Alliance, 291; and intervention, 292; claims on the Pacific Coast, 293; concludes the Treaty of 1824, 296.

Rutgers _v._ Waddington, 4.

Rutledge, John, 54.

St. Clair, Arthur, Governor of Northwest Territory, 14; defeated by the Indians, 70.

San Lorenzo, Treaty of, 87.

Santo Domingo, negro republic, 146; resists French expedition, 146-47.

Scioto Company, land grants to, 11-12.

Scott, Winfield, 220.

Sedition Act, prosecutions under, 114.

Seminole War, 260-262.

Sevier, John, 15, 68.

Shaker Societies, 302.

Shays' Rebellion, 20-22.

Shipping, of the United States, during the European wars, 124, 126; after the Treaty of Ghent, 234.

Simcoe, J. G., 80.

Slater, Samuel, 124.

Slavery, debated in Congress, 270-271, 277; in Missouri, 270; extent in 1789, 271-272; decrease in North, 272; recognized by the Constitution, 272-73; congressional legislation on, 273-74; and the Missouri Compromise, 277.

Slave trade, acts relating to, 273; extent of, 273; forbidden by the Act of 1807, 273-74; extent of, after 1808, 274.

Smith, Joseph, 302.

Smith, Robert, 140, 198.

Smith, William, 105.

Somers, Richard, 145.

South, effect of cotton gin upon, 250; extention of cotton growing in, 251-52; becomes the market for Northwest, 252-53.

South American republics, recognition of, 289-91.

South Carolina, ratifies the Constitution, 41.

Southwest, colonization of, 14-15, 249-52; commerce of, 15-16; a frontier society, 251-52; diverges from Northwest, 252.

Spain, disputes the line of 1783, 16-17; in the Southwest, 68, 70; concludes Treaty of San Lorenzo, 87; withholds posts, 97; cedes Louisiana to France, 146; retains the Floridas, 159; menaced by the United States, 170-72; threatens hostilities, 173-74; in East Florida, 260; protests against Jackson's invasion, 262; cedes the Floridas to the United States, 264; loses her American colonies, 289-90; invaded by France, 292.

Specie payment, suspension of, 239; resumption of, 240-41.

Speculation, in Western lands, 10-12, 26-27; in government paper, 58; in bank stock, 63-64.

Squatter, the, 251-52.

State banks, increase of, 239; notes of, 266.

Steamboat, on Western waters, 253-54.

Story, Joseph, and Marshall, 333; appointed Associate Justice, 335; on criticism of the judiciary, 339-40; opinion in Martin _v._ Hunter's Lessee, 335-36.

Stuart, Gilbert, 285.

Supreme Court. _See_ Federal judiciary.

Survey Bill, vote in Congress on, 309.

Symmes, John C., land grants to, 11, 12; begins colony, 14.

Talleyrand-Périgord, C. M., urges acquisition of Louisiana, 98; and the X Y Z affair, 98-99; to the American commissioners, 100; and the retrocession of Louisiana, 146; and the cession of Louisiana to the United States, 149-50; on the boundaries of the province, 159.

Tallmadge, James, 270, 271.

Tariff Act, _of 1789_, 50-51; _of 1816_, 237-38; _of 1824_, 310-13; _of 1828_, 328-30;

Tariff of Abominations. _See_ Tariff Act, of 1828.

Taylor, John, on agriculture at the South, 126; on the Louisiana Treaty, 156; on state rights, 339.

Taylor, John W., 271.

Tecumseh, 205, 218, 219.

Tennessee, settlement of, 14; intrigues in, 68; admitted as a State, 92.

Thames, battle of the, 218.

Thomas, Jesse B., 275-76.

Ticknor, George, 287.

Tippecanoe, battle of, 206.

Tocqueville, De, on equality in America, 300; on the character of Western society, 301.

Tonnage dues, 51, 124.

Tories, persecution of, 3-5.

Toussaint L'Ouverture, 146.

Tracy, Uriah, on the Louisiana Treaty, 155-56; on a New England confederacy, 164.

Trade. _See_ Commerce.

Transportation, in 1800, 105. _See also_ National Road, Canals, Internal improvements, etc.

Travel, difficulties of, about 1800, 105-06; improvement after the War of 1812, 255.

Treasury, Secretary of, bill to establish, 52; reports of, 56-62.

Treaty-making power, debated in House, 90-91.

Treaty of Paris (1783), 1; (1794), 84-88; of Greenville (1795), 87; of San Lorenzo (1795), 87-88; of Morfontaine (1800), 104, 146; of Louisiana (1803), 150; with Tripoli (1805), 145; (1806), 184; (1809), 197; of Ghent (1814), 229-30; with Spain (1819), 264.

Trespass Act of New York, 4.

Trevett _v._ Weeden, 19.

Tripolitan War, 143-45.

Troup, George M., 325-26.

Trumbull, John, 236-37, 286.

Tudor, William, 283.

Turnpikes, construction of, 255.

Unitarianism, rise of, 287-88.

United States, frigate, 215.

_United States Gazette_, Federalist newspaper, 66.

United States _v._ Peters, 333-34.

Universalism, rise of, 288.

Van Buren, Martin, 243-44, 316, 323.

Vans Murray, William, 103.

Vermont, admitted as a State, 55; refuses the call for militia, 224; and the Hartford Convention, 224.

Virginia and Kentucky Resolutions, 110-12.

Virginia, commercial difficulties with Maryland, 27-28; ratifies the Constitution, 41; protests against internal improvements, 319-20; on the Supreme Court (1809), 335; protests against decisions of federal courts, 336-37; proposes constitutional amendment, 339.

War of 1812, preparations for, 208-09; motives for, 208-10; vote for, 210; political aspects of, 212-13, 216-17, 223-27; land operations of, 213-14, 217-18, 220-23; naval operations, 215-16, 218-19, 221-22; in the Southwest, 219-20; end of, 228; results of, 231-244, 282.

Washington, George, on the prospects of the United States, 1; on Tories, 3; resigns commission, 6; on the West, 16; on Shays' Rebellion, 23; in the Federal Convention, 29; on the growth of industry, 46-47; elected President, 48; inauguration, 48-50; appointments of, 54-55; and the Bank Bill, 62-63; levees of, 65; reëlected President, 66-67; proclaims neutrality, 73; sends Jay on mission to England, 79; and the Whiskey Insurrection, 82-83; censures Democratic Clubs, 83-84; and the Jay Treaty, 86-88; Farewell Address, 91-92; appointed head of provisional army, 102.

Wasp, American sloop-of-war, 215.

Watauga settlement, 14.

Wayne, Anthony, wins battle of Fallen Timber, 80-81; secures Treaty of Greenville, 87.

Webster, Daniel, on the principle of protection, 237; on universal suffrage, 305; and the Tariff of 1828, 330; influence at the federal bar, 333; counsel for Dartmouth College, 342.

Wellington, Duke of, 214, 228-29.

West, Benjamin, 285.

West, the, social aspects, 252, 299-300; political aspects, 298, 303-04; intellectual aspects, 300-01, 302; religious aspects, 301-02; education in, 302-03.

Western lands, speculation in, 26.

West Florida, claimed by the United States, 151, 158-59; revolt in, 203-04; annexed in part, 204.

Whiskey Insurrection, the, 81-83.

Whitney, Eli, 127.

Wilkinson, James, in Kentucky, 68; his relation to Burr's conspiracy, 172-75, 177; in the campaign of 1813, 218; occupies West Florida, 219.

Wilson, James, in the Federal Convention, 31; appointed Associate Justice, 54.

Wirt, William, 333, 345.

Wolcott, Oliver, 89.

Woolen manufacturing, beginnings of, 235; after the War of 1812, 235-36.

X Y Z affair, 98-100.

Yazoo land controversy, 168-70, 342.