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Contents

Alphabetical Table of Contents

Alphabetical List of Authors

Introduction

Note on the Texts

I Colonial Settlements and Societies

Virginia Articles, Laws, and Orders, 1610–11

The Mayflower Compact, 1620

Fundamental Orders of Connecticut, 1639

The Massachusetts Body of Liberties, 1641

Charter of Liberties and Frame of Government of the Province of Pennsylvania in America, 1682

Dorchester Agreement, 1633

Maryland Act for Swearing Allegiance, 1638; Plymouth Oath of Allegiance and Fidelity, 1625

“Little Speech on Liberty,” JOHN WINTHROP, 1645

“Copy of a Letter from Mr. Cotton to Lord Say and Seal,” JOHN COTTON, 1636

2 Religious Society and Religious Liberty in Early America

“The Bloody Tenent, of Persecution, for Cause of Conscience,” ROGER WILLIAMS, 1644

“A Platform of Church Discipline,” JOHN COTTON, RICHARD MATHER, and RALPH PARTRIDGE, 1649

Providence Agreement, 1637; Maryland Act for Church Liberties, 1638; Pennsylvania Act for Freedom of Conscience, 1682

Worcestriensis, 1776

“Thanksgiving Proclamation” and Letters to Religious Associations, GEORGE WASHINGTON; 1789, 1790

“Farewell Address,” GEORGE WASHINGTON, 1796

“The Rights of Conscience Inalienable,” JOHN LELAND, 1791

“Letter to the Danbury Baptist Association,” THOMAS JEFFERSON, 1802

3 Defending the Charters

Magna Charta, 1215

Petition of Right, 1628

“An Account of the Late Revolution in New England” and “Boston Declaration of Grievances,” NATHANAEL BYFIELD, 1689

The English Bill of Rights, 1689

The Stamp Act, 1765

“Braintree Instructions,” JOHN ADAMS, 1765

Resolutions of the Virginia House of Burgesses, 1765; Declarations of the Stamp Act Congress, 1765

“The Rights of the British Colonies Asserted and Proved,” JAMES OTIS, 1763

The Act Repealing the Stamp Act, 1766; The Declaratory Act, 1766

4 The War for Independence

“A Discourse at the Dedication of the Tree of Liberty,” “A SON OF LIBERTY” [silas downer], 1768

“Letters from a Farmer in Pennsylvania,” Letters V and IX, JOHN DICKINSON, 1767–68

Declaration and Resolves of the First Continental Congress, 1774 154

Virginia Bill of Rights, 1776

“On Civil Liberty, Passive Obedience, and Non-resistance,” JONATHAN BOUCHER, 1775

Common Sense, THOMAS PAINE, 1776

The Declaration of Independence, 1776

5 A New Constitution

“Thoughts on Government,” JOHN ADAMS, 1776

Articles of Confederation, 1778

The Essex Result, 1778

Northwest Ordinance, 1787

Albany Plan of Union, 1754

Virginia and New Jersey Plans, 1787

The Constitution of the United States of America, 1787

The Federalist, Papers 1, 9, 10, 39, 47–51, 78; ALEXANDER HAMILTON, JAMES MADISON, and JOHN JAY; 1787

“Address of the Minority of the Pennsylvania Convention,” 1787

“An Examination of the Leading Principles of the Federal Constitution,” NOAH WEBSTER, 1787

6 The Bill of Rights

The Federalist, Papers 84 and 85; ALEXANDER HAMILTON, JAMES MADISON, and JOHN JAY; 1787

“Letter I,” “CENTINEL,” 1787

“Essay I,” “BRUTUS,” 1787

“Letter III,” “THE FEDERAL FARMER,” 1787

“Memorial and Remonstrance against Religious Assessments,” JAMES MADISON, 1785; “Virginia Bill for Establishing Religious Freedom,” THOMAS JEFFERSON, 1786

“Speech Introducing Proposed Constitutional Amendments,” JAMES MADISON, 1789; Debate over First Amendment Language, 1789; The First Ten Amendments to the Constitution, or the Bill of Rights, 1789

Commentaries on the Constitution of the United States, JOSEPH STORY, 1833

The People v. Ruggles, JAMES KENT, 1811

Marbury v. Madison, JOHN MARSHALL, 1803

Barron v. the Mayor and City Council of Baltimore, JOHN MARSHALL, 1833

7 State versus Federal Authority

“Essay V,” “BRUTUS,” 1787

Chisholm v. Georgia, JAMES WILSON, 1793; U.S. Constitution, Eleventh Amendment, 1787

The Alien and Sedition Acts, 1798; Virginia Resolutions, 1798; Kentucky Resolutions, 1798; Counter-resolutions of Other States, 1799; Report of Virginia House of Delegates, 1799

“The Duty of Americans, at the Present Crisis,” TIMOTHY DWIGHT, 1798

Report of the Hartford Convention, 1815

JOSEPH STORY: Commentaries on the Constitution of the United States, 1833; A Familiar Exposition of the Constitution of the United States, 1840

8 Forging a Nation

“Opinion against the Constitutionality of a National Bank,” THOMAS JEFFERSON, 1791; “Opinion as to the Constitutionality of the Bank of the United States,” ALEXANDER HAMILTON, 1791

“Veto Message,” ANDREW JACKSON, 1832

“Veto Message,” JAMES MADISON, 1817

Commentaries on the Constitution of the United States, JOSEPH STORY, 1833

ABRAHAM LINCOLN: “Address to the Young Men’s Lyceum of Springfield, Illinois,” 1838; “Address to the Wisconsin State Agricultural Society, Milwaukee, Wisconsin,” 1859

WILLIAM LEGGETT: Newspaper Editorials on “Direct Taxation,” 1834; “Chief Justice Marshall,” 1835; “The Despotism of the Majority,” 1837; “Morals of Legislation,” 1837; and “The Morals of Politics,” 1837

“Speech on Electioneering,” DAVY CROCKETT, 1848

“Speech before the U.S. Senate,” DANIEL WEBSTER, 1830; “Speech before the U.S. Senate,” ROBERT Y. HAYNE, 1830

“Fort Hill Address,” JOHN C. CALHOUN, 1831

9 Prelude to War

Laws Regulating Servants and Slaves, 1630–1852 582

“Slavery” and “Agriculture and the Militia,” JOHN TAYLOR OF CAROLINE, 1818 589

The Missouri Compromise, 1820–21

WILLIAM LEGGETT: Newspaper Editorials on “Governor McDuffie’s Message,” 1835; “The Question of Slavery Narrowed to a Point,” 1837; and “‘Abolition Insolence,’” 1837

Senate Speeches on the Compromise of 1850, JOHN C. CALHOUN and DANIEL WEBSTER, 1850

Second Fugitive Slave Law, 1850; Ableman v. Booth, ROGER TANEY, 1858

Scott v. Sandford, ROGER TANEY, 1856 646

“The Relative Position and Treatment of the Negroes” and “The Abolitionists—Consistency of Their Labors,” GEORGE S. SAWYER, 1858

“What Is Slavery?” and “Slavery Is Despotism,” HARRIET BEECHER STOWE, 1853

Kansas-Nebraska Act, 1856; Fifth Lincoln-Douglas Debate, 1858

Bibliography

Index