The Origin and Growth of the American Constitution: An Historical Treatise in which the Documentary Evidence as to the Making of the Entirely New Plan of Federal Government Embodied in the Existing Constitution of the United States Is, for the First Time, Set Forth as a Complete and Consistent Whole

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Houghton Mifflin, 1911 - 676 páginas
 

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CHAPTER III
51
Ancient state becomes modern shire state assembly survives as shiremoot germs
60
The two AngloSaxon migrations unbroken political development growth of
61
The Magnum Concilium the Curia the Justiciar Stephen and anarchy a project
70
Justice Grays view
81
English Renaissance real meaning of the term reign of monarchy brought with
89
English law the basis London Companys separate charter of 1609 domains of
92
Charters of Rhode Island and Connecticut retained the proprietary system
98
Invalidity of colonial statutes state constitutions of 1776 earliest cases declaring
104
Maryland ratified April 26 South Carolina May 23 Pinckney and Lowndes
105
Substantial identity of two great settlements Darwins statement two migrations
108
All operated on states or cities not on individuals modern state as the nation Teu
112
AMERICAN CONFEDERATIONS FROM 1643 TO 1777
119
First Continental Congress September 1774 drastic English legislation
125
Comments by Witherspoon by Rush by Hopkins Marylands influence upon
133
CHAPTER VI
139
Prejudice in favor of exclusive state taxation deeprooted Websters defense of
145
How the delegates were to be chosen old oneterm rule denounced Congress to
151
Death knell of Confederation
157
CHAPTER II
164
Supreme authority must not depend on thirteen popular assemblies must
166
Adam Smith and his work alternatives presented to Convention summary
170
How commerce compels unity of law Annapolis Convention
171
Randolphs statement only Pinckney and Hamilton drafted finished plans
175
To consist of a single person powers of the Executive
181
Text of resolutions
187
His full plan more voluminous than that of Pinckney why it offended only
193
John Rutledge chairman a great orator
200
The last day September 17 Franklins appeal Washington addresses Convention
206
Convention organized May 13 New Hampshire ratified June
212
Madisons letter Hamiltons triumph North Carolina ratified November 21 1789
218
Fears of Pelatiah Webster Lees demand for a bill of rights
224
Religious liberty Mormon Church freedom of speech and the press
230
Exemption from selfincrimination due process traced to Magna Carta
237
of Bill of Rights reproduced electrocution not prohibited modern English
243
Suit by a foreign sovereign electoral system amended
248
Slaves landed by Dutch at Jamestown 1619 cottongin 1793 three compromises
254
Colonists and constitution of mother state
266
The first census 1790 freemen and slaves persons held to service or labor
272
Mississippi admitted in 1817 Illinois admitted in 1818 Alabama admitted in 1819
278
Hamilton and Jefferson as leaders era of good feeling 1820
282
South at a loss for slave territory failure to buy Cuba KansasNebraska Bill 1854
288
Lincoln leader of Republican party his contention cornerstone of new national life
294
300 New conception of nationality narrowing circle of individual rights the age of col
301
Virginia Resolutions fathered by Madison
307
Chases doctrine Jeffersons evasion of moral responsibility
311
Nullification defined by Webster Haynes defense based on Virginia Resolutions
317
Doctrine of secession first defined about 1795 Jeffersons view of it in 1798 Quincys
323
Harris primary purpose of the bill
376
Siete Partidos oppression of colonists England as a colonizer great titledeed
380
Tampico a foreign port summary of constitutional law Chief Justice Waites view
387
Unsettled boundaries in the Northwestukase of September 1821 J Q Adamss
393
Mr Sewards prophetic speech July 29 1852 the path to the East reunion of
399
State power now hailed as a deliverer dependence of the individual on the state
405
Triumphs of physical science unlimited competition too strong for the weak demo
410
Ogden 1824 monopoly backed by state power yields to federal power
416
Judicial review of rates fixed by legislature or commission right of Commission
422
Exemption of original packages amendment of June 18 1910
428
Monopolies in time of Edward VI monopolies of Elizabeth antimonopoly statute
434
Justice Whites dissent Justice Holmess dissent
440
Combinations that do good distinguished from those that do evil danger of literal
441
Contracts not unlawful at common law when restricting contracts necessary mean
447
CHAPTER XIV
453
281
456
Federal governments revolutionized federation of British Empire federal unions
459
Words of Mr Goschen abnormal demands upon Government reëstablishment
465
Four great agencies at work American Bar Association and its yokefellow results already attained National Civic Federation
470
The House of Governors need for a typical code of state law
471
How it should be constructed how it may be adopted need of a Federal Code Com mission
472
Need of a simpler system of legal procedure national life should be strengthened through unification of law
473
502 SELECT DOCUMENTS ILLUSTRATIVE OF AMERICAN CONSTITUTIONAL HISTORY
475
Articles of Confederation of the United Colonies of New England 1643
477
Penns plan of Union 1697
483
Coxe and Franklins plan 1754
484
Parliaments Declaratory Act of March 18 1766
497
Declaration of Rights and Liberties made by First Continental Congress 1774
498
Virginias Bill of Rights adopted June 12 1776
510
The Declaration of Independence of July 4 1776
515
Articles of Confederation 1777
517
The epochmaking document of February 16 1783 in which is embodied the first draft of the existing Constitution of the United States
527
The Virginia plan and Madisons sketch of a Constitution embodied in his three letters of March and April 1787
550
The Charles Pinckney Plan
562
The Alexander Hamilton Plan 508
568
The New Jersey Plan
580
The twentythree resolutions referred to the Committee of Detail July 26
583
Draft of Constitution reported by Committee of Detail on August 6
586
The Constitution as Reported by the Committee on Style on September 12
594
Pelatiah Websters defense of the new Constitution October 12 The first commentary upon it
603
The Constitution and its amendments with notes and annotations to date
610
328
617
432
622
242
657
CHAPTER XI
658
368
661
AVI ISOISSIPPI
667
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Página 392 - With the movements in this hemisphere we are, of necessity, more immediately connected, and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America.
Página 517 - ... treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
Página 495 - Parliament assembled, had, hath, and of right ought to have, full Power and Authority to make Laws and Statutes of sufficient Force and Validity to bind the Colonies and People of America, Subjects of the Crown of Great Britain, in all cases whatsoever.
Página 263 - It is hereby ordained and declared, by the authority aforesaid That the following articles shall be considered as articles of compact between the original states, and the people and states, in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I.
Página 136 - All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the united states in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in Congress assembled shall from...
Página 518 - United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
Página 522 - ... and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in congress assembled, on all questions, which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual.
Página 173 - It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterward defend our work ? Let us raise a standard to which the wise and the honest can repair ; the event is in the hand of God.
Página 307 - ... valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound to interpose for arresting the...
Página 595 - To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States ; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish...

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