See also for evidences of this inadequacy, Justin Winsor's chapter, 'The confederation," in his "Narrative and critical history of America,” v. 7, p. 215–36; also L. B. Prince's "The Articles of Confederation vs. the constitution," (1866); also various proceedings. reprinted in Elliot's "Debates," (1830), v. 1, p. 92–116; J. B. McMaster's "History of the people of the United States," v. 1, ch. 3; John Fiske's article, "The germs of national sovereignty in the United States," Atlantic Monthly, Nov., 1886, v. 58, p. 648-66; and F. N. Thorpe's article, "The origin of the federal constitution," Magazine of American History, Aug., 1887, v. 18, p. 130-41. See also the volume, Essays in the constitutional history of the United States in the formative period," 1775-1789, by Dr. J. F. Jameson and. others, (1889), and Small's ‘Beginnings of American nationality,” (1890).

[For other references, see the “Bibliography" in P. L. Ford's “Pamphlets on the constitution of the United States."]

2. The Annapolis convention, 1786.

A contemporary account of its proceedings is given in the American Museum, v. I. See also the report in the introductory portion of ElliDebates," (1830), v. 1, p. 116-19.

ot's "

The report, (printed in Elliot, v. 1, p. 117-18), recommended a convention of the states at Philadelphia. As to the function of the states whereby such a representation was possible, see J. A. Jameson's "Treatise on constitutional conventions," (4th ed., 1887, p. 148-53.

3. Summoning of the Philadelphia convention, 1787.

The successive steps are traced in George Bancroft's "History of the formation of the constitution of the United States of America," (1882), v. 1, p. 269-78; also, by an earlier writer, in G. T. Curtis's "History of the origin, formation, and adoption of the constitution of the United States," (1854), v. 1, p. 351-74. Mr.. Curtis has within a few months published volume 1 of a re-issue of his work, with the changed scope indicated by the title, Constitutional history of the United States from their Declaration of Independence to the close of their Civil War;" the present volume, (v. 1), covering, however, the entire period of this earlier work.

Contemporary discussion of the proposed convention may be followed in references given by McMaster, in his “History," v. 1, p. 389–400. A correct list of all the delegates chosen is for the first time printed in H. L. Carson's "History of the celebration of the one hundredth

anniversary of the promulgation of the constitution of the United States," v. 1, p. 138-39, (1888). Compare with the list of those actually signing, in Poore's" Federal and state constitutions," V. I, p. 20.

Sketches of the delegates are given by Curtis, in his " History," v. I, p. 380-485; and by McMaster, in his article, "The framers and the framing of the constitution," Century, Sept., 1887, v. 34, p. 746– 59; and Mrs. M. J. Lamb's article, "The framers of the constitution," Magazine of American history, April, 1885, v. 13, p. 313-45, (the latter accompanied by portraits). In Carson's "One hundredth anniversary," v. I, p. 135-237, are "Biographies of the members of the federal convention," (with 48 etchings from portraits).

[For extended references to lives of members, see Barnwell's “Reading notes," p. x-xiv.]

B. THE CONSTITUTION FRAMED AND ADOPTED.

a. ITS FORMATION.

1. Proceedings of the convention. [May to Sept., 1787.]

The official, though all too meagre journal of its proceedings, kept by the secretary, ("Journal, acts, and proceedings of the convention"), was first printed in 1818.

Between 1818 and 1830, much valuable supplementary matter was made public, and was consequently included by Elliot in his "Debates in the several state conventions on the adoption of the federal constitution, together with the journal of the federal convention," etc., (5 vols., 1830-45).

[This supplementary matter comprises notes of discussions, etc., by Yates, Martin, Randolph, and others, in v. I, (p. 344-508); and an entire volume, (v. 5), is given up to Mr. Madison's papers, including, (p. 109-576), Madison's notes of "Debates in the federal convention." These notes of "Debates" appear also in Gilpin's publication, "The papers of James Madison," v. 2, p. 685-1242, v. 3, p. 1243-1624, printed by order of congress in 1840.]

Between 1830 and 1882, various other unpublished papers of members of the convention were placed in the hands of Mr. George Bancroft, and their substance is embodied in his "History of the formation of the constitution of the United States," (1882).

Several recent studies of the subject of great service are the address of John Randolph Tucker, on "The history of the federal convention of 1787," delivered at the Yale Law School, 1887, (and also reprinted in the New Englander, Aug., 1887, v. 47, p. 97-147); and the

articles of John Fiske, ("The federal convention"), Atlantic, Feb., 1887, v. 59, p. 225-40; and, (“ The completed work of the federal convention "), June, 1887, v. 59, p. 817-32, (reprinted as ch. 6 of his Critical period of American history "). See also "The evolution of the constitution," by C. O. Beasley, Magazine of American History, June, 1889, v. 21, p. 504-11; also an article by A. W. Clason, ("The fallacy of 1787 "), in the Magazine of American History, Oct., 1885, v. 14, p. 375-86, (reprinted in his volume, "Seven conventions, 1776-1960," p. 27-48), (1888). See also ch. 17 of Alexander Johnston's "Connecticut," (1887), where it is claimed that the national constitution followed the model of the Connecticut theory of government; also his article, "The first century of the constitution,” New Princeton Review, Sept., 1887, v. 4, p. 175-90. See also J. P. Thompson's lecture, (1876), on The adoption of the constitution," in his volume, "The United States as a nation," p. 106-51, (1877).

[For further references, see Hart's "Topical outline," 1888-89, p. 31-35.]

2. Action taken by the states. 1787-90.

The final article of the constitution, as accepted, provided for its "establishment," on the "" ratification of the conventions of nine states." See Elliot's" Debates,” v. 2-4, for the debates and proceedings in 9 of the states; and v. 1, p. 319-32, for the formal "ratifications" of the II states taking action before President Washington's inauguration. Those of North Carolina and Rhode Island, (1789 and 1790), are at p. 333-37. See also the narrative of this action outlined in their histories, by Curtis, Bancroft, and McMaster, respectively. Also ch. 7 of Fiske's "Critical period."

See also E. P. Smith's chapter on "The movement towards a second constitutional convention, in 1788," in Dr. J. F. Jameson's volume, "Essays in the constitutional history of the United States," p. 46-115, (1889).

The experiences in one state, (the 9th to ratify), are separately narrated in J. B. Walker's volume, "The birth of the federal constitution; the New Hampshire convention of 1788," (1888). Those

in another state are recorded with great fullness in the volume, "Pennsylvania and the federal constitution," [1787-88], edited by J. B. McMaster and F. D. Stone, and published by the Historical Society of Pennsylvania, (1888).

A very careful examination of the subject occurs in Judge Story's "Commentaries on the constitution of the United States," (ed.

1873, v. 1, p. 199-213); see also J. A. Jameson's "Treatise on constitutional conventions," ed. 1887, p. 153-55.

An acute examination of it from a wholly different point of view is found in "The republic of republics," published under the pseudonym," P. C. Centz," (Bernard J. Sage), in 1881, p. 71-156.

See also A. W. Clason's "Seven conventions," (1888), p. 27-48.

[For other references, see Barnwell's Reading notes," p. vi; also Winsor's 7th volume, p. 257-60.]

3. Contemporary discussion, in the Federalist and elsewhere.

Next to the discussion of its details in the state conventions, the contemporary comment outside these official assemblies is of importance. See particularly "The Federalist," as containing the views of two members of the convention. Of this work, consisting originally of 85 short papers in favor of the constitution, addressed "To the people of the State of New York," signed "Publius," and published in various newspapers at New York, 1788, there have been many editions. See particularly the 1st ed., New York, 2 v., 1788; that of Mr. H. B. Dawson, v. 1, 1863, (all yet published, but containing the text of all the 85 papers); that of Mr. John Church Hamilton, 2 v., 1864; and that of Mr. Henry Cabot Lodge, (in one volume), 1888.

[The three last mentioned contain important bibliographical memoranda. Compare also Sabin's "Dictionary of books relating to America," v. 6, p. 376-78; also P. L. Ford's " Bibliotheca Hamiltoniana," (1886), p. 13-35. The three writers concerned in these papers were Alexander Hamilton, John Jay, and James Madison, but the identification of the authorship in certain individual instances is involved in some difficulties. See Lodge's ed., p. xxiii-xxxv. At p. xxxvi-xlii of Lodge's work is a bibliography of the 24 editions of the Federalist, preceding his own.]

Next in importance to these essays are the 14 papers covering both sides of the discussion, and including the productions, among others, of Pelatiah Webster, Noah Webster, Edmund Randolph, George Mason, James Iredell, and others, comprised in Mr. P. L. Ford's volume, "Pamphlets on the constitution of the United States," [1787-88], (1888).

Important material bearing on the subject is also contained in M. D. Conway's "Omitted chapters of history, disclosed in the life and papers of Edmund Randolph," (1888), p. 71-131; Moses Coit Tyler's "Patrick Henry," (1887); Rives's " James Madison," v. 2, (1866); (also a suggestive review of Rives in the Quarterly Review,

April, 1878, v. 145, p. 251-63); J. C. Hamilton's "History of the republic of the United States of America, as traced in the writings of Alexander Hamilton and his contemporaries," v. 3, ch. 48-55, (1859); "Alexander Hamilton and his contemporaries; or the rise of the American constitution," by C. J. Riethmüller, (London, 1864); Austin's "Life of Elbridge Gerry," v. 2, chs. 1-3, (1829); and W. V. Wells's "Life and public services of Samuel Adams," (not a member), v. 3, p. 248-76, (1865); and in other and later lives of all these Still other contemporary comment, largely from newspapers, is printed in the appendix to Sage's "The republic of republics,” p. 433-96; and in the appendix to Bancroft's "History of the constitution is printed copious and valuable correspondence covering the years 1786-89, v. 2, p. 371-496.

men.

[References to still other contemporary material are given by Mr. James G. Barnwell, in his " Reading notes on the constitution of the United States," (1887), p. vi; also in Mr. Ford's bibliography, at p. 437-41 of his " Pamphlets on the constitution of the United States."]

4. Constitutional government attained. 1789.

The proceedings on the occasion of Washington's inauguration at New York, April 30, 1789, are recorded in the "Annals of congress," v. I, p. 26-29. See also Maclay's "Sketches of debate in the first senate of the United States," [1789-91], (printed 1880), p. 14–22.

The occurrences in connection with the event are described in contemporary newspapers, as the New York Packet. See also C. W. Bowen's paper, “The inauguration of Washington," read at the 1889 meeting of the American Historical Association, (printed, with numerous illustrations, in the Century, April, 1889, v. 37, p. 803-33). See also the paper of the same title by C. C. Coffin, in the Chautauquan, April, 1889, v. 9, p. 401-3; also that on Washington's inauguration," by J. B. McMaster, in Harper's Magazine, April, 1889, v. 78, p. 671-86; also that in the Magazine of American History, Dec., 1888, v. 20, p. 433-60, on "The inauguration of Washington, 1789," by Mrs. M. J. Lamb; also Mrs. Constance Cary Harrison's article on Washington in New York in 1789," Century, April, 1889, v. 37, p. 850-59, See also three articles by Mrs. M. J. Lamb, on "Washington as president," "Washington and some of his contemporaries," and "Washington's historic luncheon in Elizabeth," [Apr. 29], respectively in the Magazine of American History, Feb., April, and May, 1889, v. 21, p. 89-112, 273-95, 362-80.