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tion of clear lines of division between them, is the fundamental idea in the creation of all our constitutions; and, doubtless, the continuance of regulated liberty depends on the maintaining of these boundaries."

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REFERENCES.

BLACKMAR, F. W.-History of Federal and State Aid to Higher Education. Washington, 1889.

DONALDSON, THOMAS.-The Public Domain. Its History, etc. Washington, 1884.

FISKE, JOHN.-Civil Government.

GARFIELD, J. A.-Works of, edited by B. A. Hinsdale. 2 vols. Boston, 1882, 1883.

GREEN, J. R.-The Making of England. New York, 1882. History of the English People. 4 vols. New York, 1882.

HITCHCOCK, HENRY.-American State Constitutions. A Study of their growth. New York and London. 1887. (Questions of the Day Series).

HOWARD, G. E.-An Introduction to the Local Constitutional History of the United States. Vol. I. Development of the Township, Hundred, and Shire. Baltimore, 1889.

JOHNS HOPKINS UNIVERSITY. Studies in Historical and Political Science. II. B. Adams, editor. Vol. I. Local InstitutionsBaltimore, 1883. Additional matter relating to the same subject will be found in Vols. II. and III. Also papers on Municipal Government in Vols. IV., V., and VII.

KNIGHT, G. W.-History and Management of Land Grants for Education in the Northwest Territory. New York and London, 1885.

POORE, BEN PERLEY.-Charters and Constitutions.

STATISTICAL ATLAS OF THE UNITED STATES, with maps. The Seventh Census.

TIEDEMAN, C. G.-The Unwritten Constitution of the United

States.

WILSON, WOODROW.-The State. Boston, 1889.

1 Works, IV. 122.

APPENDIX.

DOCUMENTS ILLUSTRATIVE OF THE FORMATION OF THE AMERICAN UNION.

"The most ingenious and the most eloquent of modern historical discourses, can, after all, be nothing more than a comment on a text."

I.

-DR. E. A. FREEMAN.

PENN'S PLAN OF UNION-1697.

This plan of Union was presented to the Board of Trade in 1697, in opposition to the Board's plan of consolidation. It is the first of the native plans of Union.

A Brief and Plain Scheme how the English Colonies in the North parts of America, viz,: Boston, Connecticut, Rhode Island, New York, New Jerseys, Penn. sylvania, Maryland, Virginia, and Carolina may be made more useful to the Crown, and one another's peace and safety with an universal concurrence.

1st That the several Colonies before mentioned do meet once a year, and oftener if need be during the war, and at least once in two years in times of peace, by their stated and appointed Deputies, to debate and resolve of such measures as are most advisable for their better understanding, and the public tranquility and safety,

2d. That in order to it two persons well qualified for sense, sobriety, and substance be appointed by each Province, as their Representatives or Deputies, which in the whole make the Congress to consist of twenty persons.

3d. That the King's Commissioner for that purpose specially appointed shall have the chair and preside in the said Congress.

4th. That they shall meet as near as conveniently may be to the most central Colony for use of the Deputies.

5th. Since that may in all probability be New York, both because it is near the center of the Colonies and for that it is a frontier and in the King's nomination, the Governor of that Colony may therefore also be the King's High Commissioner during the session after the manner of Scotland.

6th. That their business shall be to hear and adjust all matters of complaint or difference between Province and Province. As, 1st, where persons quit their own Province and go to another, that they may avoid their just debts, though they be able to pay them; 2nd, where offenders fly justice, or justice cannot well be had upon such offenders in the Provinces that entertain them; 3dly, to prevent or cure injuries in point of commerce: 4th, to consider of ways and means to support the union and safety of these Provinces against the public enemies. In which Congress the quotas of men and charges will be much easier, and more equally

set, than it is possible for any establishment made here to do; for the Provinces knowing their own condition and one another's, can debate that matter with more freedom and satisfaction and better adjust and balance their affairs in all respects for their common safety.

7th. That in times of war the King's High Commissioner shall be General or Chief Commander of the several quotas upon service against a common enemy as he shall be advised, for the good and benefit of the whole.

[NOTE. For the history of this plan, see Bancroft's and Hildredth's Histories, and Frothingham's Rise of the Republic.]

II.

FRANKLIN'S PLAN OF UNION-1754.

PLAN OF UNION OF THE BRITISH AMERICAN COLONIES, ADOPTED BY THE CONVENTION AT ALBANY IN 1754, WITH THE REASONS AND MOTIVES FOR EACH ARTICLE OF THE PLAN.

It is proposed that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said Colonies, within and under which government each Colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows.

PRESIDENT-GENERAL AND GRAND COUNCIL.

That the said general government be administered by a President-General, to be appointed and supported by the Crown; and a Grand Council, to be chosen by the representatives of the people of the several Colonies met in their respective

assemblies.

That within

ELECTION OF MEMBERS.

months after the passing such act, the House of Representatives that happens to be sitting within that time, or that shall be especially for that purpose convened, may and shall choose members for the Grand Council, in the following proportion, that is to say:

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who shall meet for the first time at the City of Philadelphia, in Pennsylvania, being called by the President-General as soon as conveniently may be after his appointment.

NEW ELECTION.

That there shall be a new election of the members of the Grand Council every three years; and, on the death or resignation of any member, his place should be supplied by a new choice at the next sitting of the Assembly of the Colony he rep. resented.

PROPORTION OF MEMBERS AFTER THE FIRST THREE YEARS.

That after the first three years, when the proportion of money arising out of each Colony to the general treasury can be known, the number of members to be chosen for each Colony shall, from time to time, in all ensuing elections, be regu. lated by that proportion, yet so as that the number to be chosen by any one Province be not more than seven, nor less than two.

MEETINGS OF THE GRAND COUNCIL AND CALL.

That the Grand Council shall meet once in every year, and oftener, if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the President-General on any emergency; he having first obtained in writing the consent of seven of the members to such call, and sent due and timely notice to the whole.

CONTINUANCE.

That the Grand Council have power to choose their Speaker; and shall neither be dissolved, prorogued, nor continued sitting longer than six weeks at one time, without their own consent or the special command of the Crown.

MEMBER'S ALLOWANCE.

That the members of the Grand Council shall be allowed for their service ten shillings sterling per diem during their session and journey to and from the place of meeting, twenty miles to be reckoned a day's journey.

ASSENT OF PRESIDENT-GENERAL AND HIS DUTY.

That the assent of the President-General be requisite to all acts of the Grand Council, and that it be his office and duty to cause them to be carried into execu tion.

POWER OF PRESIDENT-GENERAL AND GRAND COUNCIL; TREATIES OF PEACE AND WAR,

That the President-General, with the advice of the Grand Council, hold or direct all Indian treaties, in which the general interest of the Colonies may be concerned; and make peace or declare war with Indian nations.

INDIAN TRADE.

That they make such laws as they judge necessary for regulating all Indian trade.

INDIAN PURCHASES.

That they make all purchases from Indians, for the Crown, of lands not now within the bounds of particular Colonies, or that shall not be within their bounds when some of them are reduced to more convenient dimensions.

NEW SETTLEMENTS.

That they make new settlements on such purchases, by granting lands in the King's name, reserving a quitrent to the Crown for the use of the general treasury. LAWS TO GOVERN THEM.

That they make laws for regulating and governing such new settlements till the Crown shall think fit to form them into particular governments.

RAISE SOLDIERS AND EQUIP VESSELS ETC.

That they raise and pay soldiers and build forts for the defense of any of the Colonies, and equip vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but they shall not impress men in any Colony without the consent of the legislature.

POWER TO MAKE LAWS, LAY DUTIES ETC.

That for these purposes they have power to make laws, and lay and levy such general duties, imposts, or taxes, as to them shall appear most equal and just (considering the ability and other circumstances of the inhabitants in the several Colonies), and such as may be collected with the least inconvenience to the people; rather discouraging luxury, than loading industry with unnecessary burdens. GENERAL TREASURER AND PARTICULAR TREASURER.

That they may appoint a General Treasurer and Particular Treasurer in each government when necessary; and from time to time, may order the sums in the treasuries of each government into the general treasury or draw on them for special payments, as they find most convenient.

MONEY, HOW TO ISSUE.

Yet no money to issue but by joint orders of the President-General and Grand Council, except where sums have been appointed to particular purposes, and the President-General is previously empowered by an act to draw such sums.

ACCOUNTS.

That the general accounts shall be yearly settled and reported to the several Assemblies.

QUORUM.

That a quorum of the Grand Council, empowered to act with the President-General, do consist of twenty-five members; among whom there shall be one or more from a majority of the Colonies.

LAWS TO BE TRANSMITTED.

That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.

DEATH OF THE PRESIDENT-GENERAL.

That, in case of the death of the President-General, the Speaker of the Grand Council for the time being shall succeed, and be vested with the same powers and authorities, to continue till the King's pleasure be known.

OFFICERS, HOW APPOINTED.

That all military commission officers, whether for land or sea service, to act under this general constitution, shall be nominated by the PresidentGeneral; but the approbation of the Grand Council is to be obtained, before they receive their commissions. And all civil officers are to be nominated by the Grand Council, and to receive the President-General's approbation before they officiate.

VACANCIES, HOW SUPPLIED.

But in case of vacancy by death or removal of any officer, civil or military, under this constitution, the Governor of the Province in which such vacancy happens may appoint, till the pleasure of the President-General and Grand Council can be known.

EACH COLONY MAY DEFEND ITSELF IN EMERGENCY, ETC. That the particular military as well as civil establishments in each Colony remain in their present state, the general constitution notwithstanding; and that on sudden emergencies any Colony may defend itself, and lay

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