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CONTENTS.

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EDITOR'S INTRODUCTION,

vii

HAMILTON'S SYLLABUS OF " The FEDERALIST,”

xliii

MADISON'S Account of “ The FEDERALIST,"

xlix

EDITOR'S TABLE OF CONTENTS OF THE FEDERALIST," li

HAMILTON'S TABLE OF CONTENTS OF "THE FEDERALIST,” lxxiii

HAMILTON'S PREFACE TO THE FEDERALIST," .

lxxvii

THE FEDERALIST,

1-588

APPENDIX,

589

ARTICLES OF CONFEDERATION, 1781,

THE FEDERAL CONSTITUTION, 1787-1789,

AMENDMENTS THERETO, 1789-1870, .

621

AMENDMENTS PROPOSED BY MASSACHUSETTS, 1988,

AMENDMENTS PROPOSED BY SOUTH CAROLINA, 1788,

AMENDMENTS PROPOSED BY NEW HAMPSHIRE, 1788,

AMENDMENTS PROPOSED BY VIRGINIA, 1988,

AMENDMENTS PROPOSED BY NEW YORK, 1988,

AMENDMENTS PROPOSED BY NORTH CAROLINA, 1988,

646

JEFFERSON'S OPINION ON A NATIONAL BANK, 1791,

651

HAMILTON'S OPINION ON A NATIONAL BANK, 1791, .

KENTUCKY RESOLUTIONS OF 1798,

VIRGINIA RESOLUTIONS OF 1798,

684

JEFFERSON'S PROPOSED LOUISIANA AMENDMENT, 1803,

686

ABSTRACT OF DECISION IN CASE OF MARBURY vs. MADISON, 1803, 686

AMENDMENTS PROPOSED BY HARTFORD CONVENTION, 1814,

MISSOURI COMPROMISE, 1820,

689

SOUTH CAROLINA ORDINANCE OF NULLIFICATION, 1832,

690

JACKSON'S NULLIFICATION PROCLAMATION, 1832,

692

ABSTRACT DRED SCOTT DE BION, 1857,

308

SOUTH CAROLINA ORDINANCE OF SECESSION, 1860,

711

SOUTH CAROLINA DECLARATION OF INDEPENDENCE, 1860,

711

CRITTENDEN'S AMENDMENTS, 1861,

PEACE CONFERENCE AMENDMENTS, 1861,

CONSTITUTION OF THE CONFEDERATE STATES, 1861,

720

ACT CREATING ELECTORAL COMMISSION, 1877,

732

ABSTRACT OF DECISION IN THIRD LEGAL TENDER CASE, 1884. 736

INDEX,

739

V

INTRODUCTION.

Yet a very

The constitution of the United States has been the subject of great and often inordinate eulogy, much as if it contained within itself some potency or charm, which gave to it especial, even magical, powers for the attaining of good government. As the Germans worship the concept of "the state” as something more and better than the people, so the constitution has been accepted as the spring of all our freedom and success. limited study of history serves to prove that liberty and good government have been obtained by certain other nations possessing no such fundamental contract, and that still others, closely conforming their constitutions to ours, have only succeeded in establishing a model government in theory but a tyranny in fact. In short, a written constitution is nothing but ink and paper, except for what the people it nominally controls add to it.' Over and over again our government has been saved from complete breakdown only by an absolute disregard of the constitution, and most of the very men who framed the compact would have refused to sign it, could they have foreseen its eventual development.

What then, it will be asked, is the use of a written constitution, when it can be so disregarded and so extended? If a government grows and changes with the nation it pretends to control, why seek to bind the people at all? Why attempt to limit the power of the newest law of Congress by the oldest law of the nation? In Great Britain the government is checked only by public

1" I hold, with Montesquieu, that a government must be fitted to a nation much as a coat to the individual ; and consequently that what may be good at Philadelphia, may be bad at Paris, and ridiculous at Petersburgh."--Hamilton, 1799.

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