The opposite or "national" view is taken by Alexander Hamilton, (see his "Works," Lodge's ed., v. 2, 1886); by James Madison, (see his Letters," etc., 4 v., 1865; also his letter to Edward Everett, in North American Review, Oct., 1830, v. 31, p. 537-46); by Marshall, Dane, Kent, and Story, in their writings above cited; by Daniel Webster, (see his 66 'Works," 6 v., 1851); by William H. Seward, (see his "Works," 5 v., 1883); by Charles Sumner, (see his Works," 15 v., 1883), and by J. A. Garfield, (see his "Works," v. 1, p. 77-82, 1882). For an exceptionally extreme statement of this national view, see Sumner's address, "Are we a nation?" Nov. 19, 1867, (in his "Works," v. 12, p. 187-249); J. L. Motley's address, Dec. 16, 1868, on "Historic progress and American democracy;' "The nation," by Elisha Mulford, (1870); Francis Lieber's two lectures, (1860-61), What is our constitution; league, pact, or government?" (1861). A somewhat different view is held by Hurd's "The law of freedom and bondage in the United States," 2 v., (1858 and 1862), and "The theory of our national existence," (1881), and "The American republic," by Orestes A. Brownson, (1865); see also "The United States as a nation," (1876), by J. P. Thompson. On Gouverneur Morris's discrimination between the terms "federal" and "national," see Prince's "The confederation," p. 95-97. Compare also Dr. A. W. Small's monograph, "The beginnings of American nationality; the constitutional relations between the Continental congress and the colonies and states, 1774-89," in the Johns Hopkins University Studies, Jan.Feb., 1889, v. 7, p. 1–77.

[For further references, see Monthly Reference Lists, v. 1, p. 7, II.]

In various episodes of American history since 1789, this theory has been brought into prominence. See, for example, Mr. E. D. Warfield's exhaustive study of "The Kentucky resolutions of 1798," (1887); the Hartford convention of 1814, as described in "The history of the Hartford convention [1814]," (1833), by Theodore Dwight; "Documents relating to New England federalism, 1800-1815," edited by Henry Adams, (1877); and the "Life and letters of George Cabot," (1877), by Henry Cabot Lodge; the nullification discussions, 183233, in W. G. Sumner's Andrew Jackson," (1882); and Dr. H. von Holst's "John C. Calhoun," (1882); and C. H. Hunt's "Life of Edward Livingston," (1864); also W. E. Foster's "References to the history of presidential administrations,” (1885), p. 23–24; and for the later discussions of secession theories, the references under the next

"

two headings. See also, A. T. Bledsoe's "The North and the South in the convention of 1787." As supplementary to Dwight, Adams, and Cabot, above cited, see Dr. N. M. Butler's "The effect of the War of 1812 upon the consolidation of the union," Johns Hopkins University Studies, July, 1887, v. 5, p. 247–76.

See also the appendix to this publication, for judicial decisions on this subject, 1865-89.

(3) Due to the slavery conflict.

For the language of the constitution touching this subject, see Art. 1, sec. 9; Art. 4, sec. 2. For discussion on it, see Elliot's "Debates," v. I, p. 265-66, 273, 308. Compare also treatises on "The unconstitutionality of slavery," by G. W. F. Mellen, (1841), and L. Spooner, (1845); and Charles Sumner, on "The wrong and unconstitutionality of fugitive slave acts," (1864), (in his " Works," v. 8, p. 118-75); also Stroud's "Sketch of the laws relative to slavery," (1827; new ed., 1856); and Hurd's "The law of freedom and bondage in the United States," (2 v., 1858 and 1862). See also Dr. J. R. Brackett's chapter on " The status of the slave, 1775-89," in Dr. J. F. Jameson's volume, "Essays in the constitutional history of the United States," (1889); also his monograph on “The negro in Maryland,” (1889); also A. T. Bledsoe's volume, "An essay on liberty and slavery," (1856).

On the "Ordinance of 1787," relating to slavery in the Territory Northwest of the river Ohio, see W. F. Poole's article, North American Review, Apr., 1876, v. 122, p. 229–65; W. P. Cutler's “Manasseh Cutler," (2 v., 1888); and other references in Winsor, v. 7, p. 537-39.

The report of Chief Justice Taney's decision, etc., in the Dred Scott case is separately published, (1857). Its reference, in the U. S. Supreme Court reports, is "Dred Scott v. Sandford," 19 How. 393.

Of the various proposed amendments to the constitution, definitely relating to slavery, one only was brought forward before the late civil war. See L. E. Chittenden's "Report" of the convention of Feb., 1861, "for proposing amendments to the constitution of the United States," (1864). On the constitutional relations of the slavery question, as a cause of the civil war, see Alexander H. Stephens's "Constitutional view of the late war between the states," (2 v., 1867); v. I of Draper's "History of the American civil war," (1867); and Woodrow Wilson's "Division and reunion," 1829-1889, about to appear as volume 3 of the " Epochs of American history." The re

sults of the civil war itself took shape in the 13th, 14th, and 15th amendments to the constitution, adopted 1865, 1868, and 1870, respectively. See McPherson's "History of reconstruction," (1871); and a volume just published, (anonymously), entitled "Justice and jurisprudence: an inquiry concerning the constitutional limitations of the thirteenth, fourteenth, and fifteenth amendments." See also the lectures by Messrs. Biddle and Kent, in Rogers's volume, "Constitutional history of the United States," (1889).

(4) Due to war experiences.

These may be grouped under several headings. On those relating mainly to the increase of federal authority at the expense of state authority, see especially S. G. Fisher's "The trial of the constitution," (1862); also W. A. Dunning's article, "The constitution of the United States in civil war," Political Science Quarterly, June, 1886, v. I, p. 163–98. On the suspension of the Habeas Corpus, see Horace Binney's "The privilege of the writ of Habeas Corpus under the constitution," (1862), and the more than 20 pamphlets called out in consequence of it; also S. G. Fisher's article, "The suspension of Habeas Corpus during the war of the Rebellion," Political Science Quarterly, Sept., 1888, v. 3, p. 454–88; also, p. 217-26 of Gould and Tucker's "Notes on the Revised Statutes of the United States," (1889). On the extraordinary exercise of military powers, see especially William Whiting's "The war powers of the president," (1862; later eds., 1863); and Henry Wilson's "Military measures of the United States congress, 1861-65," (1866). See also Woodrow Wilson's volume, "Division and reunion, 1829-1889," about to be published, (1890), in the series, “Epochs of American history." On judicial construction, see chs. I and 2 of Hurd's "The theory of our national existence," (1881); also W. E. Foster's references, at p. 30-31 of the Ist edition of the present work, but especially in enlarged form, in the Appendix" to the present pamphlet.

[Few subjects have a more voluminous literature than the above. For an enumeration of many acute discussions, by Curtis, Parker, Thomas, Binney, Whiting, Nicholas, and others, see the list of 43 publications, appended to Fisher's article, (above cited), Political Science Quarterly, v. 3, p. 485-88. More than 130 are cited in W. E. Foster's references on "The United States constitution in civil war," about to be published (1890). See also W. A. Dunning's two articles in the Political Science Quarterly, v. 1, p. 163-98, v. 2, p. 558-602, on The United States constitution" "in civil war," and "in reconstruction;" also in separate pamphlet, (1885) |

(5) Due to the growth of the democratic spirit.

For Madison's distinction between a democracy and a republic, see "The federalist," no. 10, Lodge's ed., p. 56-57.

On the significance of Jefferson's election in 1800, as representing the tendency towards democracy, see H. von Holst's Constitutional and political history of the United States," (Am. ed., 1876), v. 1, p. 80-180. Compare also W. G. Sumner's article, "Politics in America, 1776-1876,” North American Review, Jan., 1876, v. 122, p. 6087; W. B. Lawrence's article, "The monarchical principle in our constitution," North American Review, Nov., 1880, v. 131, p. 385-409, and G. T. Curtis's article, "The strong government," Harper's Magazine, June, 1880, v. 61, p. 101-9; Stickney's volume, "Democratic government," (1885), and the chapter on "Democracy and the constitution," in A. L. Lowell's "Essays on government," (1889), p. 60-117; and Woodrow Wilson's article on the "Character of democracy in the United States," Atlantic Monthly, Nov., 1889, v. 64, p. 577-88. Few discussions of the subject have been more suggestive than James Russell Lowell's in his address on "Democracy," at Birmingham, England, 1884, (reprinted in his “Democracy and other addresses," (1886), p. 1-42).

3. Constitutional growth and present status of the government.

(1) General view of the constitutional and political development of the United States.

No more comprehensive work has been undertaken in this field than that of Dr. H. von Holst, of the University of Freiburg, (Berlin, 5 v., 1873-89), published in English in 5 v., 1876-89, as "Constitutional and political history of the United States," the 5th volume reaching the year 1859.

See also George Ticknor Curtis's "Constitutional history of the United States," 1776-1865, (v. 1, 1889), in which his former "History," is reprinted with other matter.

An admirable condensed manual is Alexander Johnston's History of American politics," (1879; new ed., 1882).

The subject is much less adequately treated in the political histories respectively by Sterne, (1882); Young, (1860); Porter, (1883); Cooper and Fenton, (1881); and Houghton, (1883). See also Edward Stanwood's "History of presidential elections," (1884; new ed., 1888). Among political histories avowedly for limited periods are Timothy

Pitkin's "Political and civil history of the United States of America," (to 1797), (2 v., 1828); Gibbs's "Memoirs of the Administrations of Washington and John Adams," (1789-1801), based on the papers of Oliver Wolcott, (2 v., 1846); Thomas H. Benton's "Thirty years' view, 1820-50,” (2 v., 1854, 1856); Horace Greeley's "American conflict," 1860-65, (2 v., 1864, 1866); Henry Wilson's "The history of the rise and fall of the slave power in America," (to 1870), (3 v., 1872-77); John W. Draper's "History of the American civil war," (with introductory volume), (3 v., 1867–70), Jefferson Davis's "The rise and fall of the Confederate government, 1861-65," (2 v., 1881); A. H. Stephens's "Constitutional view of the war between the states, 1861-65," (1868); James G. Blaine's "Twenty years of congress," 1861-81, (2 v., 1883, 1885); and S. S. Cox's "Three decades of federal legislation, 1855-85," (1888).

The above are necessarily more or less tinged with personal and partisan views of political theories. On the other hand, what is intended as a colorless record of events alone is to be found in E. McPherson's "Political history of the rebellion," 1861-65, (2d ed., 1865); his "Political history of reconstruction," 1865–70, (1871); and his biennial" Hand-books of politics," since 1870.

[For further references, see W. E. Foster's "References to the history of presidential administrations, 1789-1885;" also, Winsor's, in the "Narrative and critical history," v. 7, p. 326–56, extending only to the year 1849.]

For the party history of the time, see Ormsby's "History of the whig party," 1830-50, (1859); Cutts's "Brief treatise upon constitutional and party questions," (pub. 1866, and based on material received from S. A. Douglas); and Martin Van Buren's "Inquiry into the origin and course of political parties in the United States," (posthumously pub., 1867). Compare also Pt. 3 (The party system) of Bryce's "American commonwealth," (1888); also Ostrogorski's “De l'organisation des partis politiques aux États Unis,” (1889). See also Johnston's “History of American politics,” (new ed., 1882). Of general histories also to be consulted in this connection may be named, in particular, Richard Hildreth's "History of the United States," to 1821, (6 v., 1850), written from the Federalist point of view; George Tucker's “History of the United States," to 1841, (4 v., 1860), written from the opposite point of view; also James Schouler's" History of the United States of America under the constitution," v. 1-4, 1789-1847, (1880-89); and J. B. McMaster's