Founding America: Documents from the Revolution to the Bill of Rights

by Jack N. Rakove (editor)

  List of Sources

  Note: In compiling this volume, the editors have altered or removed many of the editorial interventions made in the sources listed below.

  THE IMPERIAL DISPUTE

  Page 5-Hutchinson, The Address of the Governor. Reprinted from: Reid, John P., ed. The briefs of the American Revolution: constitutional arguments between Thomas Hutchinson, Governor of Massachusetts Bay, and James Bowdoin for the Council and John Adams for the House of Representatives. New York: New York University Press, 1981. Page 12-Franklin, Rules by Which a Great Empire May Be Reduced to a Small One. Reprinted from: Franklin, Benjamin. Benjamin Franklin, Writings. Edited by J.A. Leo Lemay. New York: Library of America, 1987. Page 20-Jefferson, A Summary View of the Rights of British America. Reprinted from: Jefferson, Thomas. The Papers of Thomas Jefferson. Vol. 1. Edited by Julian P. Boyd et al. Princeton: Princeton University Press, 1950.

  FIRST CONTINENTAL CONGRESS

  Page 39-Declaration and Resolves. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 1. Washington, D.C.: Government Printing Office, 1904. Page 44-Association. Reprinted from: Ford, Journals, vol. 1.

  SECOND CONTINENTAL CONGRESS

  Page 53-Declaration on Causes and Necessity of Taking Arms. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 2. Washington, D.C.: Government Printing Office, 1905. Page 59-Franklin, Plan of Confederation. Reprinted from: Ford, Journals, vol. 2.

  “REMEMBER THE LADIES”

  Page 67-Adams, Abigail, Letter to John Adams. Reprinted from: Butterfield, L.H. et al., eds. Adams Family Correspondence. Vol. 1. Cambridge: The Belknap Press of Harvard University Press, 1963. Page 70-Adams, John, Letter to Abigail Adams. Reprinted from: Butterfield, Adams, vol. 1. Page 72-Adams, John, Letter to James Sullivan. Reprinted from: Adams, John. Papers of John Adams. Vol. 4. Edited by Robert J. Taylor et al. Cambridge: The Belknap Press of Harvard University Press, 1977.

  INVENTING A REPUBLIC

  Page 79-Adams, John, Thoughts on Government. Reprinted from: Adams, Papers, vol. 4. Page 87-Resolutions of the Continental Congress (excerpt), May 10, 1776. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 4. Washington, D.C.: Government Printing Office, 1906. Page 87-Resolutions of the Continental Congress (excerpt), May 15, 1776. Reprinted from: Ford, Journals, vol. 4. Page 88-Virginia Declaration of Rights. Reprinted from: Mason, George. The Papers of George Mason. Vol. 1. Edited by Robert A. Rutland. Chapel Hill: University of North Carolina Press, 1970. Page 90-Virginia Constitution. Reprinted from: Jefferson, Thomas. The Papers of Thomas Jefferson. Edited by Julian P. Boyd et al. Princeton: Princeton University Press, 1950. Page 97-Pennsylvania Constitution. Reprinted from: Thorpe, Francis Newton, ed. The Federal and State Constitutions. Vol. 5. Washington: Government Printing Office, 1909. Page 113-Concord Town Meeting Resolutions. Reprinted from: Handlin, Mary and Oscar Handlin, eds. The Popular Sources of Political Authority: Documents on the Massachusetts Constitution of 1780. Cambridge: Belknap Press of Harvard University Press, 1966.

  INDEPENDENCE

  Page 117-Jefferson, Notes of Proceedings in Congress, June 7-28, 1776. Reprinted from: Smith, Paul H. et al., eds. Letters of Delegates to Congress, 1774-1789. Vol. 4. Washington, D.C.: Library of Congress, 1979. Page 122-Jefferson, Notes of Proceedings in Congress, July 1-4, 1776. Reprinted from: Smith, Letters, vol. 4. Page 129-Dickinson, Notes for a Speech Opposing Independence. Reprinted from: Smith, Letters, vol. 4. Page 134-Adams, John, Letter to Abigail Adams. Reprinted from: Smith, Letters, vol. 4. Page 136-The Declaration of Independence. Reprinted from: Tansill, Charles C., ed. Documents lllustrative of the Formation of the Union of the American States. Washington, D.C.: Government Printing Office, 1927.

  DRAFTING THE ARTICLES OF CONFEDERATION

  Page 145-Jefferson, Notes of Proceedings in Congress, July 12-August 1, 1776. Reprinted from: Smith, Letters, vol. 4. Page 154-Articles as Approved, August 20, 1776. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 5. Washington, D.C.: Government Printing Office, 1906. Page 160-Articles as Approved, November 15, 1777. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 9. Washington, D.C.: Government Printing Office, 1907.

  REFORMING THE ARTICLES OF CONFEDERATION

  Page 173-Schuyler, Letter to Pierre Van Cortlandt and Evert Bancker. Reprinted from: Burnett, Edmund C., ed. Letters of Members of the Continental Congress. Vol. 5. Washington, D.C.: Carnegie Institute of Washington, 1931. Page 176-Hamiton, Letter to James Duane. Reprinted from: Hamilton, Alexander. The Papers of Alexander Hamilton. Vol. 2. Edited by Harold C. Syrett et al. New York: Columbia University Press, 1961. Page 194-Impost Amendment Proposed by Congress. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 19. Washington, D.C.: Government Printing Office, 1912. Page 194-Morris, Report on Public Credit. Reprinted from: Morris, Robert. The Papers of Robert Morris. Vol. 6. Edited by John Catanzariti et al. Pittsburgh: University of Pittsburgh Press, 1984. Page 213-Revenue Amendments Proposed by Congress. Reprinted from: Ford, Journals, vol. 19. Page 217-Commercial Amendments Proposed by Congress. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 26. Washington, D.C.: Government Printing Office, 1928. Page 218-Amendments Considered by Congress. Reprinted from: Ford, Worthington Chauncey, ed. Journals of the Continental Congress. Vol. 3l.Washington, D.C.: Government Printing Office, 1934. Page 223-The Northwest Ordinance. Reprinted from: Tansill, Documents.

  GEORGE WASHINGTON

  Page 233-Washington, Speech to the Officers of the Army. Reprinted from: Washington, George. The Writings of George Washington from the Original Manuscript Sources, 1745-1799. Vol. 26. Edited by John C. Fitzpatrick. Washington, D.C.: Government Printing Office, 1938. Page 237-Shaw, Letter to the Rev. Eliot. Reprinted from: Shaw, Samuel. The Journals of Major Samuel Shaw. Boston: W.M. Crosby and H.P Nichols, 1847. Page 240-Washington, Circular to the State Governments. Reprinted from: Washington, Writings, vol. 26. Page 250-Washington, Letter to James Duane. Reprinted from: Washington, George. The Writings of George Washington from the Original Manuscript Sources, 1745-1799. Vol. 27. Edited by John C. Fitzpatrick. Washington, D.C.: Government Printing Office, 1938. Page 256-Washington, Farewell Address to the Armies of the United States. Reprinted from: Washington, Writings, vol. 27.

  POLITICAL REFORMERS

  Page 263-Jefferson, Excerpts from Notes on the States of Virginia. Reprinted from: Jefferson, Thomas. Notes on the State of Virginia. New York: Harper & Row, 1964/Page 294-Madison, A Memorial and Remonstrance against Religious Assessments. Reprinted from: Madison, James. Religious Freedoms, a Memorial and Remonstrance. Boston: Lincoln & Edmands, 1819. Page 301-Jefferson, Virginia Statute for Religious Freedom. Reprinted from: Peterson, Merrill D. and Robert C. Vaughan, eds. The Virginia Statute for Religious Freedom: Its Evolution and Consequences in American History. Cambridge: Cambridge University Press, 1988.

  THE ROAD TO PHILADELPHIA

  Page 307-Madison, Letter to James Monroe. Reprinted from: Madison, James. The Writings of James Madison. Vol. 2. Edited by Gaillard Hunt. New York: G.P Putnam’s Sons, 1901. Page 308-Rush, Address to the People of the United States (excerpt). Reprinted from: Kaminski, John P. et al, eds. The Documentary History of the Ratification of the Constitution. Vol. 13. Madison: State Historical Society of Wisconsin, 2000. Page 313-Hamilton, Address of the Annapolis Convention. Reprinted from: Hamilton, Alexander. The Works of Alexander Hamilton. Vol. 1. Edited by Henry Cabot Lodge. New York: G.P. Putnam’s Sons, 1904. Page 316-Resolutions of Congress. Reprinted from: Kaminski, Documentary, vol. 13.. Page 317-Madison, Vices of the Political System of the United States. Reprinted from: Madison, Writings, vol. 2. Page 324-Madison, Letter to George Washington. Reprinted from: Madison, Writings, vol. 2.

  RIVAL VISIONS OF UNION

  Page 335-Randolph Introduces the Virginia Plan. Reprinted
from: Farrand, Max, ed. The Records of the Federal Convention of 1787. Vol. 1. New Haven: Yale University Press, 1911. Page 339-Paterson Introduces the New Jersey Plan. Reprinted from: Farrand, Records, vol. 1. Page 343-Hamilton Discusses the Two Proposed Plans. Reprinted from: Farrand, Records, vol. 1. Page 352-Madison Discusses the Plans. Reprinted from: Farrand, Records, vol. 1. Page 359-Ellsworth Discusses Questions of Representation. Reprinted from: Farrand, Records, vol. 1. Page 361-Wilson, Ellsworth, and Madison Debate. Reprinted from: Farrand, Records, vol. 1. Page 366--General Debate. Reprinted from: Farrand, Max, ed. The Records of the Federal Convention of 1787. Vol. 2. New Haven: Yale University Press, 1911.

  GETTING DOWN TO DETAILS

  Page 371-Resolutions Adapted by Convention. Reprinted from: Farrand, Records, vol. 2. Page 374-Draft Constitution. Reprinted from: Farrand, Records, vol. 2. Page 386-Debate on War Power. Reprinted from: Farrand, Records, vol. 2. Page 387-Debate on Treaty Power. Reprinted from: Farrand, Records, vol. 2. Page 390-Objections of Randolph, Mason, and Gerry. Reprinted from: Farrand, Records, vol. 2. Page 392-Franklin, Concluding Appeal for Unanimity. Reprinted from: Farrand, Records, vol. 2.

  THE CONSTITUTION

  Page 397-Constitution of the United States. Reprinted from: Farrand, Records, vol. 2. 646List of Sources Page 410-Concluding Resolution for Ratification. Reprinted from: Farrand, Records, vol. 2. Page 411-Washington, Letter of Conveyance to Congress. Reprinted from: Farrand, Records, vol. 2.

  A MORE PERFECT UNION

  Page 415-Madison, Letter to George Washington. Reprinted from: Kaminski, Documentary, vol. 13. Page 417-Hamilton, Conjectures About the Constitution. Reprinted from: Kaminski, Documentary, vol. 13. Page 420-Lee, Letter to George Mason. Reprinted from: Kaminski, Documentary, vol. 13. Page 422-Wilson, Speech on the Constitution. Reprinted from: Kaminski, Documentary, vol. 13. Page 428-Mason, Objections to the Constitution. Reprinted from: Kaminski, Documentary, vol. 13.

  THE CASE AGAINST THE CONSTITUTION

  Page 435-Smith, Letters from the Federal Farmer I-V Reprinted from: Storing, Herbert J., ed. The Complete Anti-Federalist. Vol. 2. Chicago: University of Chicago Press, 1981.

  PUBLIUS REPLIES

  Pages 481, 485, 492, 497, 505, 513, 519, 524, 529, 537-Hamilton and Madison The Federalist. All selections reprinted from: Hamilton, Alexander, James Madison, and John Jay. The Federalist. Edited by George W. Carey and James McClellan. Indianapolis: Liberty Fund, 2001.

  THE PROBLEM OF DECLARING RIGHTS

  Page 549, 561, 565, 566, 568, 573, 576, 578, 584-Letters between Thomas Jefferson and James Madison. All selections reprinted from: Jefferson, Thomas and James Madison. The Republic of Letters: The Correspondence between Thomas Jefferson, and James Madison 1776-1826. Edited by James Morton Smith. New York: W.W. Norton & Company, 1995.

  PROPOSING AMENDMENTS

  Page 591-Massachusetts Ratification Convention. Reprinted from: Kaminski, John P. et al., eds. The Documentary History of the Ratification of the Constitution. Vol. 6. Madison: State Historical Society of Wisconsin, 2000. Page 594-Virginia Ratification Convention. Reprinted from: Kaminski, John P. et al., eds. The Documentary History of the Ratification of the Constitution. Vol. 10. Madison: State Historical Society of Wisconsin, 2000. Page 600-New York Ratification Convention. Reprinted from: De Pauw, Linda Grant. The Seventh Pillar. Ithaca: Cornell Univeristy Press, 1966.

  FRAMING THE BILL OF RIGHTS

  Page 613-Madison, Speech Introducing Amendments in the House of Representatives. Reprinted from: Madison, James. The Writings of James Madison. Vol. 5. Edited by Gaillard Hunt. New York: G.P. Putnam’s Sons, 1904. Page 627-Sherman, Draft Amendments. Reprinted from: Veit, Helen E. et al., eds. Creating the Bill of Rights. Baltimore: The Johns Hopkins University Press, 1991. Page 629-Amendments Proposed by the House of Representatives. Reprinted from: Veit et al., Creating. Page 632-Amendments Proposed by the Senate. Reprinted from: Veit et al., Creating. Page 635-Amendments Proposed to the States. Reprinted from: Veit et al., Creating. Page 638-The Bill of Rights, as Ratified by the States. Reprinted from: Tansill, Documents.

  1 Lawyers associated with Newgate, an infamous prison of eighteenth-century London.

  2 Abbreviation for nemine contradicente (Latin for, literally, “no one speaking against”); unanimously.

  3 This paragraph was rejected.

  4 The Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora Nations, members of the Iroquois Confederacy that inhabited what became upstate New York.

  5 John Murray, fourth earl of Dunmore and royal governor of Virginia from 1771 to 1776.

  6 John Hancock (1737-1793).

  7 Samuel Quincy ( 1735-1789), a Boston loyalist.

  8 James Harrington (1611-1677), author of the republican political tract The Commonwealth of Oceana ( 1656), published during the Protectorate of Oliver Cromwell.

  9 Alexander Pope (1688-1744), English poet and essayist.

  10 English political writers from the seventeenth and early eighteenth centuries, all supporters of republican principles of government.

  11 From Alexander Pope’s poem “An Essay on Man” (1734).

  12 Words crossed out here and below were written by Jefferson but later removed from the document by Congress.

  13 Words in brackets here and below were written in the margin by Jefferson and approved by Congress for inclusion in the finished document.

  14 Evidently a reference to Silas Deane ( 1737-1789), the Continental Congress’s agent to France, who en route to that country reached Bermuda in early May 1776.

  15 Samuel Chase ( 1741-1811 ), Maryland representative in the Continental Congress.

  16 Benjamin Harrison ( 1726-1791 ), Virginia delegate to the Continental Congress.

  17 James Wilson ( 1742-1798) of Pennsylvania.

  18 Robert Treat Paine ( 1731-1814) of Massachusetts.

  19 John Witherspoon (1723-1794), delegate from New Jersey, was also the president of the College of New Jersey, now Princeton University.

  20 Benjamin Rush ( 1746-1813) of Pennsylvania.

  21 Stephen Hopkins (1707-1785), delegate from Rhode Island.

  22 In the early 1780s, the northern and western boundaries of Pennsylvania had yet to be surveyed, and the exact location of Lake Erie relative to that state remained uncertain.

  23 Hamilton refers to the hereditary office that had become the effective monarchy of the united provinces of the Netherlands.

  24 Philip John Schuyler ( 1733-1804) of Albany soon became Hamilton’s father-in-law.

  25 Alexander McDougall ( 1731-1786) of New York City had been a prominent leader of the Sons of Liberty before 1776 and later served as a general in the Continental Army.

  26 In 1780 the Continental Congress began asking particular states to supply specific material needs of the Continental Army.

  27 John Law ( 1671-1729), Scottish economist who founded the Mississippi Company, which became one of the great speculative bubbles of the early eighteenth century.

  28 John Holroyd ( 1735-1821 ), first earl of Sheffield.

  29 Of these 542 are on the eastern shore [Jefferson’s note].

  30 Of these, 22,616 are eastward of the meridian of the north of the Great Kanhaway [Jefferson’s note].

  31 To bid, to set, was the ancient legislative word of the English ... [Jefferson’s note].

  32 June 4, 1781 [Jefferson’s note].

  33 Crawford [Jefferson’s note]. Jefferson refers to the published experiments of Adair Crawford, a British physician and chemist.

  34 The instrument proper to them is the Banjar, which they brought hither from Africa, and which is the original of the guitar, its chords being precisely the four lower chords of the guitar [Jefferson’s note].

  35 Poet Phillis Wheatley (c. 1753-1784), born in Africa, was captured, enslaved, and sold to a Boston family who reared her in Christianity and educated her in arts and letters.

  36 gnatius Sancho ( 1729-1780) was born on a slave ship, carried to England as a toddler, and given to three spins
ter sisters at Greenwich. He eventually gained the patronage of the Montagu family, who employed him as a butler and educated him. He became a poet, playwright, and composer.

  37 Jefferson refers to the main character in the novel Tristram Shandy ( 1759-1767), by Laurence Sterne, which Jefferson reputedly always carried.

  38 “Regarding the heretic who is to be burned” (Latin); reference to an English statute of 1401 that condemned those found in possession of an English translation of the Bible to be burned at the stake.

  39 Declaration of Rights, Article 16 [Madison’s note].

  40 Declaration of Rights, Article 1 [Madison’s note].

  41 ditto, Art. 16 [Madison’s note].

  42 Declaration of Rights, Art. 16 [Madison’s note].

  43 At the spring 1787 elections, Governor James Bowdoin (1726-1790) was defeated for reelection, presumably for his decision to suppress Shays’ Rebellion, in which farmers and the poor rebelled against high taxes.

  44 Edmund Randolph (1753-1813), governor of Virginia.

  45 William Paterson ( 1745-1806), of the New Jersey delegation.

  46 (this plan had been concerted among the deputations or members thereof, from Cont. N. Y N. J. Del. and perhaps Mr Martin from Maryd. who made with them a common cause on different principles. Cont. and N. Y were agst. a departure from the principle of the Confederation, wishing rather to add a few new powers to Congs. than to substitute, a National Govt. The States of N. J. and Del. were opposed to a National Govt. because its patrons considered a proportional representation of the States as the basis of it. The eagourness displayed by the Members opposed to a Natl. Govt. from these different [motives] began now to produce serious anxiety for the result of the Convention.—Mr. Dickenson said to Mr. Madison you see the consequence of pushing things too far. Some of the members from the small States wish for two branches in the General Legislature, and are friends to a good National Government ; but we would sooner submit to a foreign power, than submit to be deprived of an equality of suffrage, in both branches of the legislature, and thereby be thrown under domination of the large States.) [James Madison’s note]