INDEX

Adams, Secretary J. Q. Applies to Pinckney for draught, p. 4, 26 Interview with Rufus King, p. 145

Ambassadors To be appointed by the Senate, p. 82, 102, 210

Article III of Pinckney's Draught Relied upon by Madison, p. 61, 62, 93, 99, 100

Article V of Pinckney's Draught Relied upon by Madison, p. 61, 101

Article VIII of Pinckney's Draught Relied upon by Madison, p. 60, 78, 79, 82, 84, 97 Sustained by the Observations, p. 134

Bancroft, George, Expresses the general judgment, p. 7

Bill of Rights Not adopted by the Committee or the convention, p. 270 But is, in Pinckney's draughts and Observations, p. 270

Bridge which Madison built For Pinckney's friends, p. 6, 7, 21, 44

Butler Pierce of South Carolina Thinks election by the people impracticable, p. 87

Charges of Madison Analysed, p. 58, 62, 63

Chesapeak, the frigate, Surrender of, p. 56

Citizens. The clause securing privileges and immunities, p. 252

City Tavern, Members of the Convention dinner at, p. 239

Committee of Detail Appointed to prepare the Constitution, p. 69, 232 Report of the Committee, p. 69 Names of the Committee, p. 75 Secrecy of the Committee, p. 75, 76 Report exceeds instructions, p. 70 Consistent silences of the Committee until death, p. 200 How the Committee followed Pinckney, p. 213 The printing of the draught, p. 233, 234

Committee of Style Appointed, p. 69 Really Committee of Revision, p. 78 Correction of language, masterly, p. 78

Compensation of Members Adequate, p. 173 Resolution of the Committee of the Whole, p. 173 Report of the committee of detail, p. 174 In the Pinckney and Wilson draughts, p. 175 Deviation from instructions explained, p. 207, 209

Compensation of the President. Committee's draught disregards the 12th Resolution, p. 209 Follows Pinckney's draught, p. 210

Compromises, The, of the Constitution. Neither Madison nor Pinckney attempted a compromise, p. 265

Conclusions. Final conclusions on the whole case, p. 273

Confederated States. Bankrupt and drifting towards war, p. 249 Helpless as against the States, p. 251 Dependent upon voluntary contributions, p. 265 Could not enforce treaties on States, p. 265

Congress. See Election and Eligibility.

Constitution, The. Its four germinal stages, p. 66 Methods for consideration of, p. 67, 68 Birth of, p. 71 References to Committees, p. 69, 70, 78 The work of the Committee of Style, p. 78 Estimate of in 1818, p. 25, 27

Convention, The. Surviving members of, p. 24, 202 Philosophical methods of, p. 67 First days of the, p. 128, 129, 130 The first business day, p. 135 The secrecy of the convention, p. 227, 229, 232, 237 A lost paper, p. 230 Its careful preservation of papers, p. 287

Copyright and Patents. Not in the Department copy of the draught, p. 271 But Pinckney the author of those constitutional provisions, p. 271 Copyright cases, p. 206

Council of Revision. Considered, p. 46, 47, 50, 51 Pinckney's action regarding it, p. 50

Delicate. The word as used by Madison, p. 36

Draught of Committee of Detail. Reported by committee, p. 70 Description of, p. 71, 72, 234 Washington's copy of, p. 74 The notes by Major Jackson, p. 74 Agreement with Pinckney's draught, p. 79, 81, 255, 273 The "divide" in the march of the framers, p. 76 The compromises subsequent to the draught, p. 77 Sparks' analysis of it, p. 149 Sparks' test, p. 153, 156 Madison's non-reply to Sparks, p. 155, 156 The misplacing of veto power, p. 183, 220 The treason provisions, p. 185, 221 The Supreme Court jurisdiction clause, p. 191 The draught not yet written, p. 203 The preamble taken from Pinckney, p. 214 How the committee followed Pinckney, p. 215 The committee overrule Wilson, p. 222 Limit of time for preparing, p. 232, 235, 248 Engrossed on Pinckney's as copy for printer, p. 236, 241 "Delivered in" figuratively, p. 236 The most important document of the convention, p. 226 Printing of the draught, p. 233 The real authors of the draught, p. 165

Draught of Pinckney Presented to the convention, p. 229 Lost, p. 4, 224 The Department copy, p. 4 Description of, p. 16 Madison's Note to the, p. 58 When written, p. 86 The term, "The law of the land," p. 179 Provisions described in the Observations, p. 182 The misplacing of the veto power, p. 183, 220 The militia, p. 188 Randolph recognizes and uses, Art 11, p. 196 Article 11 described in the Observations, p. 198 Publicity attending Pinckney's draught, p. 201, 274 Used as printers' copy and destroyed, p. 236 Never discussed in convention, p. 257 Exaggerated value set upon it, p. 258 Provisions not adopted by the committee, p. 268 Provisions not in the Department case, p. 271 Provisions rejected, p. 263 Its inferiority in detail to the committee's, p. 153

Draught of Randolph. Description of, p. 161 The annotations of Rutledge, p. 164 Compensation of Senators, p. 163 The joint work of Randolph and Rutledge, p. 165 A disheveled draught, p. 190 Jurisdiction of the Supreme Court in, p. 191 Recognizes and uses Pinckney's Art. 11, p. 196

Draughts of Wilson. His three draughts, p. 160 Description of his 3d, p. 161 The annotations of Rutledge, p. 161 Wilson's preamble, p. 166, Charges against Pinckney, p. 168 The word "our," p. 169, 171 Articles which are not Wilson's, p. 182 The proper placing of the veto power, p. 183, 220 The treason provisions, p. 185, 221 The militia provisions, p. 188

Draught, rough. What it is, p. 20 Pinckney's not a rough draught, p. 10, 11 Wilson's rough draught, p. 166

Duer, William A. Madison's letter to, p. 36, 45 His position in New York, p. 45

Election of Representatives By the people, p. 9, 85, 91, 93, 94, 95, 97 Pinckney's change of mind, p. 85, 87, 94, 96 Agreement of Articles III and V with Observations, p. 90, 93 Vote of convention, p. 95

Election of the President. Madison's strictures on the draught, p. 60 Article VIII does not provide a method, p. 97 The omission not remarkable, p. 98 Choosing by the electoral colleges, p. 77, 133 Observations sustain Article VIII, p. 134

Eligibility of Representatives, etc. Pinckney on the question, p. 101, 103

Elliott, W. S. A grandnephew of Pinckney, p. 288 His sketch of Pinckney's life and home; of his library, picture gallery and garden, p. 288

Ellsworth, Oliver Did not draught a constitution, p. 165 Contributed nothing to draught of the committee, p. 165

Estoppel. Characterized by Coke, p. 132 Does not extend to historical students, p. 132

Federalists. Hamilton and Pinckney were, p. 279 Pinckney the most extreme federalist in the convention, p. 279

Ford, Worthington C. Publishes Pinckney's letter, p. 5

Framers of the Constitution. Two of the youngest and their work, p. 264

Franklin, Doctor. His farewell words to the convention, p. 70

Fraud and Plagiarism. The question of inexorable, p. 21 Detection probable, p. 24 Temptation small, p. 25 The absence of motive, p. 27, 28 Specifications of plagiarisms, p. 78 Failure of specified charges, p. 79 Not sustained by evidence, p. 275 The charge reduced to an absurdity, p. 195

Gerry of Massachusetts Opposes election by the people, p. 87

Gilpin, Henry D. Edits Madison's Journal, p. 5, 29

Gorham of Massachusetts. A member of the committee of detail, p. 75 Did not attempt to draught a constitution, p. 165

Grimke, Thomas S. Madison's letter to, p. 35

Habeas Corpus. The writ of, not to be suspended is in the draught, p. 269 Why the committee did not adopt, p. 270

Hamilton, Alexander. "Those who pay are the masters," p. 174 His not the style of the Constitution, p. 243 Pierce's description of Hamilton, p. 283

Historical Questions. Concerning the draught in the State Department, p. 12

Historical Society of N. Y. Possesses Pinckney's Observations, p. 105 Referred to by Madison, p. 110

Hunt, Gaillard. Description of the draught, p. 18

Immigration. Expected and relied upon, p. 170 Massachusetts constitution encourages, p. 169

Impeachment. In Pinckney draught, p. 211 In the committee draught, p. 211

Jackson, Major Wm. Elected secretary of the convention, p. 129 His notes on draught, p. 74, 75 His letter to Washington, p. 239 Delivers papers of the convention to Washington, p. 239, 241

Jameson, Professor, J. Franklin. He discovers two of the Wilson draughts, p. 159, 160

Jay, Chief Justice. His hand appears in the constitution of New York, p. 243

Jefferson, President. Madison's letter to, p. 33, 129

Jews. "The people called Jews" address the convention, p. 241

Journal, The, of Madison. Its completeness, p. 40 Omission of Pinckney's draught, p. 40 Publication of, p. 52, 63 His best appreciated work, p. 40 To be edited by Mrs. Madison, p. 63 Edited by Henry D. Gilpin, p. 5, 29 Madison method of writing, p. 122 Is the journal evidence against Pinckney, p. 275 It must be received as history, p. 277

King, Rufus. Mr. Adams' conversation with King, p. 145 King considered as a witness, p. 146 Pierce's description of King, p. 282

Knox, General Henry. Washington's letter to him, p. 128

Law of the Land. See Supreme Law of the Land.

Library company of Philadelphia. Order to the librarian directing him to "furnish the gentlemen" of the convention with books, p. 240

McLaughlin, Professor, Discovers a draught of Wilson, p. 158 Discovers report in confederated congress, August, 1786, "written in Pinckney's own hand," p. 260

Madison, President. His troubled life, p. 54 His failing memory, p. 52, 54, 81 His only alternative, p. 38 His age, p. 53, 54 His failure to testify, p. 38 His ignorance of the draught, p. 30, 38, 40, 53 His "Note" to the "Plan," p. 58 His "editorial footnote" to the "Note," p. 62, 63 His charges against the draught, p. 63 His objections to Pinckney's draught, p. 5, 6, 7, 43, 45, 46 His poor opinion of Pinckney, p. 32, 53 Most diligent member of convention, p. 80 His letters, p. 33, 34, 35, 36, 42, 43, 45, 54, 63, 107, 108, 109, 110, 129, 214 His comparison of the draught with the Constitution, p. 143, 156, 157 His silence on the primary issue, p. 156 His adroit management, p. 43, 157 Madison on the "object of the Union," p. 214 His and Pinckney's the constructive minds of the convention, p. 264 They agreed as to State legislation, p. 265, 267 They did not attempt to frame a compromise, p. 266 The work of one agrees with the work of the other, p. 267 Their names should be closely associated, p. 268

Madison's Journal. See Journal.

Mrs. Madison Her rescue of Washington's portrait, p. 56 Intended editor of the Journal, p. 63

Marshall, Chief Justice. Moulded the Constitution, p. 27 His majestic judicial reign, p. 37

Martin Luther. His resolution relating to the "Supreme law of the respective States," p. 179 His language a compromise, p. 181

Massachusetts Constitution furnishes provisions for Pinckney's draught, p. 83, 84, 250

Massachusetts and New York alone paid in full their quota, p. 249 Preamble of the Constitution derived from constitution of Massachusetts, p. 169 The word "posterity" unrestricted, p. 170

Meigs, William M. His "Growth of the Constitution," p. 161 Reproduces the Randolph draught in facsimile, p. 161 Growth of the Constitution cited and quoted, p. 189, 192

Militia, The. Pinckney's draught a radical departure, p. 188 Not authorized by the convention, p. 188 Pinckney's draught followed by Wilson rejected by the committee, p. 189

Money Bills. Madison refers to them, p. 99 Pinckney's position regarding them, p. 100

Morris, Gouverneur. His correction of the language of the Constitution, p. 78

Mystery. The name, p. 3 Its definition, p. 4

New York, the Constitution of, Furnishes the veto power, p. 47, 48 Furnishes other provisions, p. 83, 84, 216, 218, 250 New York and Massachusetts alone pay in full their quota, p. 249

Notes and Memoranda Of Pinckney and Madison, p. 11 "Note" of Madison to plan of Pinckney, p. 58 Editorial footnote to same, p. 62, 63

Observations, The Pamphlet. Cited by Madison, p. 33, 34, 43, 46, 50, 62 Cited by Pinckney, p. 90 When written, p. 93, 130 Description of, p. 105 Madison interest in, p. 107 Extracts from, p. 111 The Observations, a speech never made, p. 122, 126, 139 Madison and Yates evidence, p. 122 Contradictions in it, p. 126 Significant error in date, p. 127 Considered as a speech, p. 131 Considered as evidence, p. 132 Confirm Articles III, V, VIII, p. 132, 135 Explanation of Pinckney's publication, p. 135 Why speech was not delivered, p. 137 Why published, p. 138 Why Observations were not cited in Madison's "Note," p. 140 The Observations fateful, p. 141 They sustain the copy in the State department, p. 139 Articles in the draught described in the Observations cannot be questioned, p. 182, 189, 198, 253, 269, 270 Article 11 referred to by Randolph described in the Observations, p. 198

Patents. See Copyright.

Paulding, James Kirke. Memorandum for, p. 34, 42, 107 Letters to, p. 43, 108 Friend of Madison, p. 44, 45

Phenomenon, The, of Madison, p. 46, 53, 80

Pinckney, Charles. His official life, p. 23 His age, p. 88 Why he presented the Observations, p. 135 His strategic purpose, p. 137 Why he published the Observations, p. 138, 142 Desired the supremacy of the national government, p. 181, 279 He alone formulated a constitution before the convention met, p. 189 His misplacement of the veto power, p. 183 The style of the Constitution, p. 243, 245 His draught the only one, p. 249 His method of construction, p. 250 His composite work, p. 250, 251, 252 His generality of treatment and expression, p. 253 A condemned and misrepresented man, p. 254 His training and preparation, p. 261, 264 What he did and failed to o, p. 261 His co-operation with Madison, p. 264, 265, 267 His family, position, etc., p. 278 His speech of June 25, p. 278 The extremist federalist in the convention, p. 279 Pierce's description and estimate of him, p. 281, 284 The destruction of everything which Pinckney possessed, p. 285

Pinckney, Charles Cotesworth, Opposes election by the people, p. 88 Proposes that no salary be allowed to Senators, p. 176 Living in 1818, p. 24 The most esteemed citizen in S. C., p. 88

Pinckney's Letters To Secretary of State, p. 8, 12, 26, 27 Contemporary declaration, p. 10 Letter to Madison, p. 62

Pierce, William. His narrative of a lost paper in the convention, p. 230 His description of Randolph, King, Hamilton and Pinckney, p. 281

Preamble of the Constitution. Suggested by the Articles of Confederation, p. 169. Derived from Constitution of Massachusetts, p. 169 Randolph attempted draught of preamble, p. 162 Wilson attempted draught of preamble, p. 166 The preamble in the committee's draught, p. 168 It declared the source and supremacy of authority, p. 213 Ignored State governments, p. 213 The preamble unquestioned in the convention, p. 215

President, The. See Election of.

Printers—Copy. Pinckney draught used as printers' copy. p. 188, 208, 237

Randolph, Edmund. The Virginia resolutions cited as his, p. 68 Opens the main business of the convention, p. 130, 136 His draught of the Constitution, p. 158, 161

Read, George. Letter to Dickinson on Pinckney's draught, p. 89

Ritchie, Thomas. Madison's letter to, p. 63

Rutledge, John. Present in the convention, May 29, p. 135 Seconds Pinckney motion to strike out the word people and insert Legislatures, p. 95 Chairman of the Committee of Detail, p. 75 "Delivers in" the report of the committee, p. 70 His annotations on the other draughts, p. 162, 164, 182 He co-operates with Wilson and Randolph, p. 164 Used Pinckney draught when annotating, p. 182 His ruthless slashing of Wilson's, p. 161 His 43 amendments, p. 161, 204 Strongest man in the State, p. 88

Secrecy. The resolution of the convention, p. 228 Secrecy to continue after the dissolution of the convention, p. 228 Silence of members from May 29 to September 17, p. 229 Washington recognition of the obligation, p. 229 The obligation required that the draught be not lost, p. 232 Pinckney draught used as printers' copy and scrupulously destroyed, p. 237 Legal presumption that it was destroyed, p. 237 Secrecy of Committee of Detail, p. 75, 200, 237

Senate. Pinckney's Senate, p. 91, 217 To appoint ambassadors and judges, p. 102

South Carolina. The State postpones action in the convention, p. 175

South Carolina Gazette. Draught republished in, p. 274

Sparks, Jared. Writes to Madison, p. 42, 43, 144, 146, 147, 149 Madison to Sparks, p. 35, 42, 43, 110 His opinion of the draught, 148, 152 His correct analysis, p. 152 His most delicate test, p. 153

Story, Mr. Justice. Ignores the Draught, p. 6, 8, 12

"Supreme Law of the Land." History of the term. p. 179. The case of Trevatt v. Weeden gives judicial significance to it, p. 182 Derived from resolution of Congress, p. 251

Thomson, Doctor William H. Definition of mystery, p. 4

Time. The second condition imposed on the committee, p. 232 Two of these days were Sundays, p. 233 Three days required for printing, p. 234 200 constitutional provisions framed and printed within the limited time, p. 234

Treason. The punishment of treason, p. 185 How defined, etc., in the three draughts, p. 186 Caution of Rutledge and Pinckney, p. 186 Their provisions combined in the Constitution, p. 187

The Treaty Making Power. Lodged in the Senate exclusively, p. 210 Not authorized by the convention, p. 211 Committee of detail followed Pinckney erroneously, p. 211

Veto Power, The. Taken from the constitution of New York, p. 47 Misplaced by Pinckney and by the committee, p. 183, 220 Correctly placed by Wilson, p. 183

Washington, General, The. Madison's letters to, p. 33, 34 His copy of the committee's draught, p. 74 Letter to Congress, p. 54 His illness, and the illness of his mother, p. 128 His journey to Fredericksburg, p. 128 His arrival in Philadelphia, p. 129 President of the convention, p. 129 Letter to General Knox, p. 128 Made custodian of the records, p. 228, 239 His sense of the obligation of secrecy, p. 229 Extracts from his diary, p. 229 His admonition to the convention, p. 230 The convention's daily mark of respect, p. 230 Extracts from his diary of September 17, p. 239

Washington, City. Capture of, 56 Burning of the Capitol, p. 56

Wilson, James. His draughts of the Constitution, p. 158 Intelligent and wise, p. 159 Opposed the payment of representatives by the States, p. 175, 176 His proper treatment of the veto power, p. 183 His careful and logical work, p. 165, 187 Alien member of the convention, p. 199 A judge of the Supreme Court, p. 200 The hard-worker of the convention, p. 204 A signer of the Declaration, p. 171 He first suggests the Electoral Colleges, p. 77

Yates, Robert. Entry in his minutes, p. 29, 122 Report of Pinckney's speech, p. 30 His age, position and experience, p. 124 Value of his minutes, p. 125