by Logan Beirne
5 Associate Justice Antonin Scalia, in a speech before Princeton University’s conference “A Constitution for the Ages: James Madison the Framer,” February 23, 2001.
6 Ibid.
7 “Even for non-originalists, the Founders’ unparalleled experience in applied constitutional thought, along with their not inconsiderable acumen, gives their views a certain persuasive, perhaps even presumptive, authority.” Martin S. Flaherty, “Historical Perspective: More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism,” Symposium Papers—Federalism in the 21st Century, Kansas Law Review 45 (July 1997): 1006. See also William M. Treanor, “The Original Understanding of the Takings Clause and the Political Process,” Columbia Law Review 49 (1995): 859.
8 It is important to note that this study does not take into account the political, moral or other considerations that may be necessary in fully evaluating some of these controversial issues.
9 Jack Rakove, Original Meanings: Politics and Ideas in the Making of the Constitution (New York: Knopf, 1996), 8.
10 Yoo, The Powers of War and Peace, 28.
11 As addressed in Part VI.
12 As addressed in Part I.
13 Circular to the States, June 8, 1783, in The Writings of George Washington, 26:486.
INDEX
Adams, Abigail
Adams, John; on army’s plight; on Baltimore; on Loyalists; monarchy fears; on New York defense; at peace negotiations; on Philadelphia; on smallpox; at Staten Island talks; on Washington’s powers
Alito, Samuel
Allen, Ethan; and Fort Ticonderoga; Montreal attack; as prisoner; and Schuyler; in Vermont
André, John; and Arnold’s plot; capture of; and Honora Sneyd; in Philadelphia; and Smith trial; trial & execution of
Aristotle
Arnold, Benedict; and André’s trial; betrayal plot; corruption trial; escape of; financial schemes of; and Gates; grievances of; injuries of; as merchant; and Peggy Shippen; in Philadelphia, 196–99; at Saratoga; in Seven Years’ War; and Smith trial; West Point command
Arnold, Margaret (“Peggy”) Shippen
Articles of Confederation and Perpetual Union; and Constitutional Convention
Asgill, Charles
Asgill, Lady Sarah
Augustus (emperor)
Baddeley, Mary
Beebe, Abner
Boston; British-occupied; British retreat from; lighthouse attack; siege of
Boucher, Jonathan
Bowdoin, James
Boyd, Thomas (scout)
Boyd-Parker Memorial Park
Brandywine Creek, Penn.
Breyer, Stephen
Britain. See Great Britain
British Army: on André’s execution; defections to; demographics of; derision of; deserters from; discipline in; rape by; in surrender
British East India Company
Brooklyn: British attack on; British camp in; retreat from
Burgoyne, John (“Gentleman Johnny”)
Butler, Pierce
Camden, S.C.
Campbell, Archibald
Canada; Allen’s attack on; and fishing rights; and Hudson Valley; and invasion plans
Catherine the Great (empress)
Charleston, S.C.
Cincinnatus, Lucius Quinctius
citizenship
Clinton, Sir Henry: and André; and Arnold; Charleston victory; as commander in chief; Fort Montgomery attack; at Monmouth; and New York City; Philadelphia withdrawal; return to Parliament
Colquhoun, Joseph
Colquhoun, Samuel
Common Sense (Paine)
Confederation Congress; and public debt; weakness of
Connecticut; Arnold in; Beebe attack in; Loyalist uprising in; trade wars in
Constitutional Convention; alcohol at; delegates to; on monarchy; and originalism; quorum for; suspicion of
Continental Army: at André’s execution; coup plot; defection from; demographics of; desertion from; discipline in; disease in; monarchy proposal from; pay for; supplying of
Continental Congress: on André’s trial; in Annapolis; army hostility to; Arnold’s demands of; Articles of War; on burning Manhattan; on Canada invasion; and command structure; on courts-martial; on debt & currency; Declaration of Independence; delegation to Howe; on “dictator” powers; factions in; flight to Baltimore; French influence on; on Gates vs. Washington; and Independence Hall; on Loyalists; on New York defense; officer appointment by; Olive Branch Petition; and peace negotiations; and peace treaty; on Philadelphia defense; on prisoner treatment; raising battalions; on smallpox inoculation; on Smith court-martial; on spies; supplying of army; on treason; and war council; on war strategy & tactics; on Washington’s expanded powers; on Washington vs. Lee; weakness of
Continental currency
Cornwallis, Charles Lord; at Brandywine Creek; vs. Clinton; in southern campaign; at Yorktown
counterfeiting
courts-martial; of Hickey; modern procedure; of Smith
Cunningham, William (“Bloody Bill”)
Dayton, Jonathan
debt
Declaration of Independence; citizenship in; drafting of; Howe’s demand on
defection; see also Arnold, Benedict; Hickey, Thomas; Mathews, David
District of Columbia v. Heller
dueling
East Haddam, Conn.
Edward I (king)
Elliot, Andrew
Eskridge, George
Fabius Maximus, Quintus
Federal Hall
Federalist Papers
Fort Arnold; see also West Point
Fort Montgomery
Fort Ticonderoga
Fort Washington
France; Arnold on; and Asgill; debt to; enters war; fear of; and flintlock musket; and Franklin; and Jumonville Affair; in peace negotiations; and Yorktown
Franklin, Benjamin: and bifocals; at Constitutional Convention; in France; at peace negotiations; on prisoner treatment; at Staten Island talks; wit of
Fraunces Tavern
Frederick the Great (king of Prussia)
French, Christopher
Gage, Thomas
Galston, William
Gates, Horatio (“Granny”); ambition of; and Arnold; and military coup plot; at Saratoga; and Southern Army
Genesee Castle, N.Y.
George III (king); and Asgill; complaints against; and Howe; and insanity (porphyria); and Native Americans; and Parliament; and prisoner treatment; subjects’ allegiance to; victory expectation; on war loss; on Washington
Georgia
Germain, George Lord
Germantown, Penn.
Germany; mercenaries from
Gibbons, Mary
Ginsburg, Ruth Bader
Great Britain: accents in; courts-martial in; and germ warfare; and Jumonville Affair; on Lee’s capture; mercenaries for; monarchy of; naval power of; Parliament of; in peace negotiations; prisoner treatment by; Quartering Act; and Seven Years’ War; sovereign-subject allegiance in; taxation by; Tea Act; treaty violation by; see also British Army
Greece (ancient)
Greene, Nathanael: and André; on civil war; on commander’s powers; and Philadelphia plans; and Quakers; and Southern Army; at Yorktown
Green Mountain Boys
Haiti
Hamilton, Alexander: on André; on civil authority; at Constitutional Convention; on Gates; on Greene’s skill; and Laurens/Lee duel; on peace treaty; on public debt; on Washington’s leadership; and Yorktown
Hawthorne, Nathaniel
Henley, David
Herring, John
Hessians; in New Jersey battles; plunder by; at Trenton
Hickey, Thomas
Hope, HMS
Howe, William; Boston escape; and Burgyone; and Clinton; as conciliator; on Declaration of Independence; on defectors; and George III; and Hudson River; and Lee; and Mrs. Loring; on New Jersey losses; and New York City; and Philadelphia; and prisoner treatment; resignatio
n of; on southern strategy; and Staten Island talks; on Trenton defeat; and Washington’s title; winter recess
Howland, Prince
Huddy, Joseph
Hudson River / Valley: British aims in; Fort Montgomery; Gates vs. Burgoyne in; Great Chain; Kingston; see also West Point
Independence Hall; evacuation of; and Washington’s eyeglasses
India
Ireland
Jay, John
Jefferson, Thomas; and Declaration of Independence; education of; on peace treaty; on public debt; on “tree of liberty,”
Jones, John Paul
Julius Caesar
Jumonville, Joseph Coulon de Villiers de
Jumonville Affair
Kennedy, Anthony
Latin America
Laurens, Henry
Laurens, John
Lee, Charles; disobedience trial; duel; and Gates; on Howe & Mrs. Loring; at Monmouth; as prisoner; rivalry with Washington; and war council
Lexington, Mass.
Locke, John
Loring, Elizabeth
Loring, Joshua
Louis XVI (king)
Loyalists; attacks on; in British forces; in Continental Army; Cunningham “blood-hounds,” ; disarming of; fines on; flight to Britain; in Germain’s southern strategy; in Manhattan; on Mrs. Loring; Native American allies of; numbers of; in Philadelphia; plot against Washington; and privateers; property of; prosecution of; rights of; Shippens; and Smith trial; as spies; treason resolution on; and Washington rumors; Washington’s tolerance of
Maclay, William
Madison, James
Manhattan: British attack on; burning of; defense of; Federal Hall; Fort Washington; Harlem Heights battle; Loyalists in; retreat from; riots in; see also New York City
Marie Antoinette
Marion, Frances
martial law; in Boston; and deserters
Martin, Joseph Plumb
Massachusetts: Lexington battle; martial law in; radicalism in; Shays’ Rebellion in; see also Boston
Massachusetts Council
Mathews, David
McCauley, Mary Hays
Medal of Honor
military tribunals; for André; for Shanks
“Molly Pitcher,”
monarchy: British; fear of; French; as option; subjects’ allegiance to
Monmouth, N.J.
Montreal
Morocco
Morse, Jedidiah
Mount Vernon
Murray, Mary
muskets
Native Americans: British appeasement of; as British / Loyalist allies; in Jumonville Affair; as noncitizens; torture by; vengeance against; on Washington’s invulnerability
Netherlands
Newburgh (N.Y.) conspiracy
New Hampshire
New Jersey; Monmouth battle; Morristown; Princeton battle; Toms River attack; Trenton battle
New York: and army provisions; civil war in; Hudson Valley; and Loyalist property; military conspiracy in; plot against Washington; and “torture tree,” ; trade wars in; see also New York Provincial Congress
New York City; Brooklyn battle; Clinton in; Continental Army in; defense efforts; Federal Hall in; Hickey hanging in; Howe’s quarters in; Manhattan attack; retreat from; September 11 attack; victory in; Washington’s farewell in; Washington’s ruse on; see also Manhattan
New York Provincial Congress: on dictatorial powers; on inoculation; and Mathews arrest; and plot against Washington; on tar & feathering
Nicola, Lewis
North, Frederick Lord
North Carolina
Olive Branch Petition
Paine, Thomas
Parker, Michael (scout)
Pennsylvania; Brandywine Creek; Native / Loyalist attack in; Supreme Court of; see also Philadelphia
Pennsylvania Journal
Philadelphia: Arnold in; British attack on; British retreat from; Congress flees; Congress returns; Independence Hall; Loyalist evictions in; revenge attacks in
plunder / theft; by Hessians; prohibition on; punishment of
Poland
Prescott, Richard (Brigadier)
Princeton, N.J.
prisoner exchange
property rights; and confiscations; Locke on; and military needs
Prussia
Putnam, Israel (“Old Put”)
Quakers
Quartering Act
Rhode Island
Richard the Lionheart
Rittenhouse, David
Roberts, John
Roman Empire
Roman Republic
Russia
Rutledge, Edward
Saratoga, N.Y.: Battle of; Arnold’s grudge over; and Gates’s ambition
Savannah, Ga.
Scalia, Antonin
Schuyler, Philip
Seneca tribe: and Genesee Castle; and Jumonville Affair; as Loyalist allies; torture by
September 11 attack
Seven Years’ War; Arnold in; and British debt; Cornwallis in; Gage in; Gates in; germ warfare in; Lee in; Washington in
Seward, Anna
Shanks, Thomas
Shays, Daniel
Shays’ Rebellion
Shewkirk, E. G. (Pastor)
Shippen, Edward
Shippen, Margaret (“Peggy”)
slaves: in army; and citizenship; and state conflict; teeth of; Washington’s
smallpox
Smith, Joshua Hett; on André’s capture; arrest of; court-martial of
Sons of Liberty
Souter, David
South Carolina
Southern Army: at Camden; Charleston defeat; and Gates; and Greene; at Yorktown
Spain
spies; for Americans; congressional resolution on; courts-martial for; military tribunals for
Steuben, Friedrich, Baron von
Stevens, John Paul
Stuart, Gilbert
Sullivan, John
Sutherland, William
Tanacharison, Chief (“Half King”)
tar & feathering
taxes
Tea Act
terrorism
Thackeray, William Makepeace
Thomas, Clarence
Three Musketeers, The
Tories. See Loyalists
treason; in British view; civil courts on; congressional resolution on; courts-martial for; see also Arnold, Benedict
Trenton, N.J.
Tryon, William
United States Constitution: Commander in Chief clause; and “dictator” powers; drafting of; originalist interpretation of; Second Amendment; Sixth Amendment; supremacy clause; suspicion of