THE CONSTITUTION 
 
 OF THE 
 
 UNITED STATES 
 
 DEFINED AND CAREFULLY ANNOTATED. 
 
 BY 
 
 GEORGE W. PASCHAL, 
 
 OF THE BAR OF THE SUPREME COURT OF TUB UNITED STATES : AUTHOR OF " PASCHAI/S 
 ANNOTATED DIGEST," "A TREATISE ON CHARITABLE USES," ETC., ETC. 
 
 WASHINGTON, D. C.: 
 W. H. & O. H. MORRISON, LAW BOOKSELLERS, 
 
 PUBLISHERS, IMPORTERS, AND STATIONERS. 
 1868. 
 
Entfrod according to Act of Congress, in the year 1868, by 
 
 GKORGE W. PASCHAL, 
 In the Cli-rk s Ollico of the District Court for the Southern District of New York. 
 
TO THE 
 
 PEOPLE OF THE UNITED STATES, 
 
 THIS WORK 
 
 IS RESPECTFULLY DEDICATED BY ONE 
 WHOSE MOTTO THROUGH LIFE HAS BEEN 
 
 GEORGE W. PASCHAL, 
 
 OF TEXAS. 
 
 NEW YORK, 1863. 
 
 756955 
 
PREFACE. 
 
 THE Editor offers no apology for presenting to the 
 public an annotated copy of the Constitution of the 
 United States. All men have fully realized the maxim, 
 "that the next best thing to knowledge is to know 
 where to find it." If, therefore, my book shall serve 
 as a guide to useful and important information, a good 
 work will have been accomplished. But it is believed 
 that something better than the mere collection of 
 copious references has been attained. The best defini 
 tions of every word and phrase have been given, upon 
 the very highest authorities. The utility of such a 
 success, if success it be, cannot be over-estimated. 
 
 The roots of the Constitution of the United States 
 may be said to have been laid in the great principles 
 of the English Constitution, which divided government 
 into three separate departments, and which, from time 
 to time, secured the absolute and subordinate rights of 
 every subject, upon the firm basis of Magna Charta 
 and the Petitions and Bills of Rights, and other guar 
 anties of liberty. These principles were transplanted 
 
VI PREFACE. 
 
 by our ancestors into the American colonies. They 
 were proclaimed in the Declaration of Independence, 
 which, in this edition, precedes the great work of our 
 fathers ; and they were re-incorporated into all the State 
 Constitutions pending the Kevolution. Therefore, the 
 division of the powers of government into three depart 
 ments legislative, executive, and judicial was the 
 formation of a structure upon established models. 
 
 From the days of the promulgation of the Constitu 
 tion of the United States to the present hour, it has 
 been a subject of constant discussion. All that was 
 preserved of the debates of the wise men of the Con 
 vention which modeled it, and of the State Conven 
 tions which ratified it ; all that was said by the writers, 
 such as the authors of the Federalist, and the press of 
 that day, has been republished, and forms a popular 
 portion of our current literature. 
 
 Eawle, Sergeant, Story, Baldwin, Duane, John 
 Adams, and Farrar, have written their commentaries 
 upon the Constitution ; Curtis his excellent history of 
 it ; Calhoun his essay, giving the peculiar views of his 
 school upon concurrent powers ; Chancellor Kent de 
 voted the best book in his great work to its elucida 
 tion ; all our reports of judicial precedents abound 
 with interpretations of it ; the published opinions of 
 learned Attorney- Generals have guided cabinets ; the 
 debates of all deliberative bodies are interspersed with 
 closely studied or loosely expressed ideas in regard to 
 it ; every political editor and orator become its expos- 
 
PREFACE. Vll 
 
 itors ; it is taught in all our law schools and many of 
 our colleges, and forms a chapter in the studies of all 
 candidates for the bar ; all officers are sworn to support 
 it ; every soldier and sailor in the late war took a like 
 oath as a condition of enlistment ; all amnestied and 
 pardoned rebels have "been required to take, oaths to 
 support and defend the Constitution and the Union 
 thereunder ; and, in those States which resisted it, no 
 one is admitted to be registered as a voter, without 
 taking the most solemn oath to the like eifect ; every 
 naturalized foreigner is required to swear allegiance to 
 it ; the oaths thus administered, as the ligament or tie of 
 allegiance, are naturally binding upon every native- 
 born citizen in the country. And now, although the 
 sacred instrument has been published in every revision 
 of laws in the United States, in the Manuals of Con 
 gress, and by tens of thousands in that excellent vade- 
 mecum by Mr. Hickey, we hazard nothing in saying 
 that the Constitution is not conveniently accessible to 
 one in one hundred of the people whose duty it is to 
 read it. It is not even a book in all our public libra 
 ries ; it is not in one house in fifty ; it is nowhere on 
 the catalogue of school-books ; and it is not taught in 
 one school in a thousand. * There is a kind of popular 
 fallacy that everybody understands the Constitution of 
 his country, when, truth to confess, comparatively few 
 have ever read it at all, and still fewer have studied it 
 carefully. And if the tenure of office depended upon 
 the ability to stand a careful examination upon it, 
 
Vlll PREFACE. 
 
 there would be enough, vacancies to satisfy whole 
 armies of "outs" who, in turn, could not take the 
 oath to support it, were the previous test of ability to 
 give all its features applied. 
 
 It is in no spirit of disparagement that we make this 
 admission. Perhaps the same remark is applicable, to 
 a greater or less extent, to every civilized people. 
 There is too great a disposition among men to take 
 essential things for granted. And yet when the philo 
 sophical historian comes to review the downfall of 
 republics and empires, he is forced to the conclusion 
 that the loss of liberty is more the result of ignorance 
 of the fundamental principles of government than of 
 apathy in defending them. The most exciting political 
 contests which have divided this nation have been the 
 results of political dogmas founded in willful or actual 
 ignorance of the cardinal principles of the Constitution. 
 A recurrence to Americans shall rule America ; the 
 " repeal of the naturalization laws," as a means of les 
 sening suffrage ; religious tests; "squatter sovereign 
 ty," and its opposite, need only be cited in illustra 
 tion. Yet these were harmless polemics compared to 
 the heresy of that peculiar school of "State sove 
 reignty," which taught that the States had, in fact, 
 surrendered nothing, but had only delegated certain 
 powers, in trust, to a common agent ; and that any 
 State could, at any time, for any cause, or no cause, 
 resume the delegated powers, and again peaceably 
 take its place among the nations of the earth. 
 
PREFACE. IX 
 
 In such a book as I have prepared, and designed, as it 
 is, for general use, and put forward to meet the wants 
 of the millions, it is not intended to advocate or con 
 demn any doctrine in an offensive manner. My own 
 views of the government were formed after an exam 
 ination of all the lights accessible to me, from 1830 to 
 1834. The doctrines of Nullification, or the right of 
 a State to nullify, declare void, and resist a single law 
 of the United States, and yet, as to all other laws, to be 
 in harmony with the Union, were then the issues. 
 From my Southern stand-point, I was compelled to 
 examine the doctrines with all the prejudices of intel 
 ligent surroundings and motives of interest in favor of 
 the Southern view. Opposition to a protective tariff ; 
 State pride ; the apprehensions upon the subject of 
 negro slavery, which the Missouri restriction had left, 
 and the incipiency of abolitionism foreshadowed, natu 
 rally inclined all ardent young men to embrace the doc 
 trines of the Virginia and Kentucky Resolutions, and 
 the inviting school of States Rights. But, on the 
 other hand, we had the most prominent author of these 
 reports and resolutions, and, indeed, the chief architect 
 of the Constitution itself (Mr. MADISON), telling us that 
 "Nullification and Secession had the same poisonous 
 root." And we had the weight and power of GENERAL 
 JACKSON S name and his iron will, standing upon the 
 doctrines of that great expounder, DANIEL WEBSTER. 
 I was obliged to take my position as a lawyer, as well 
 as a lover of my country, with those who held that 
 
x PKEFACE. 
 
 the Constitution had created a government, not a mere 
 agency or compact ; an enduring union, not a league 
 dissoluble at the pleasure of any State ; a government 
 of limited powers, to be sure, but yet having all the 
 inherent powers necessary to protect, defend, and per 
 petuate the Union. These views have been greatly 
 strengthened by a life-long study of the principles and 
 practical workings of the government. And they car 
 ried along my convictions, that, as a citizen of the 
 United States, I owed my first and paramount alle 
 giance to the nation, and not to the State of Georgia, 
 where I was born, and came to the bar, nor to the States 
 of Arkansas and Texas, where I afterward chanced to 
 reside, and which have been the theaters of the little 
 which has marked my unambitious public career ; nor 
 yet to New York, where now I exercise my profession. 
 I can most simply illustrate these views by the exam 
 ple of Texas. That Republic, from 1836 to 1846, was 
 independent and sovereign. It possessed the powers 
 of national taxation, commerce, coining money, grant 
 ing patents, punishing piracies, enforcing admiralty, 
 declaring war, raising and supporting armies and 
 navies, making treaties, forming alliances and confed 
 erations, being represented by ministers abroad, and 
 changing the republic to a dynasty, with princes and 
 orders of nobility. In fact, Texas had the lawful right 
 to do all that free, independent, and sovereign States 
 may do. But by annexation these people became citi 
 zens of the United States. As a government, they sur- 
 
PREFACE. Xl 
 
 rendered or merged every vestige of nationality. They 
 lost these rights to regulate commerce ; to coin money 
 and prescribe tenders ; to declare war and make peace ; 
 to naturalize foreigners ; to decitizenize any citizen of the 
 United States, and to exercise every enumerated and 
 non-enumerated national power. In consideration of 
 this surrender of power, all Texans, of whatever 
 nationality, became citizens of the United States, enti 
 tled to all the benefits, privileges, immunities, protec 
 tion, and blessings of the Union. And, when compared 
 to the previous impoverished State of Texas, these 
 blessings were incalculable. 
 
 With these convictions, both as to principle and 
 policy, I could never view the ordinances of secession 
 in any other light than as revolution resistance to 
 lawfully constituted authority, without any apprecia 
 ble justification. In anticipation of the mad, because 
 excited effort, I prepared a treatise upon the doctrines 
 of secession. But the crash was so sudden, that it 
 smothered my effort before it reached the public eye. 
 None shaken in my views, with the commencement of 
 the terrible civil war, the fearful consequences of which 
 I publicly foretold, not in any spirit of prophecy, but 
 because they were the legitimate fruits of the efforts to 
 sever such a government, I sat down to compile the 
 " ANNOTATED DIGEST upon the laws of Texas, and the 
 Spanish laws, upon which many land- titles within half 
 the area of the Union rested. I selected a provincial 
 work, because long years of practice had forced me to 
 
Xll PREFACE. 
 
 collect the materials. The Constitution of the United 
 States formed a single chapter ; and because FREDERICK 
 W. BRIGHTLEY, Esq. , had kindly permitted me to use 
 his exhaustive notes, my annotations were not the most 
 labored chapter in the book. I did little more than 
 add to his very accurate references, bringing the notes 
 down to 1865, re-arrange, number, and "cross-note" 
 them, so as to connect the subjects with other kindred 
 matter in my own digest. Yet I have received so many 
 high testimonials of the convenience of arrangement 
 and the great value and accuracy of the references, that 
 I have determined to put forth this little volume upon 
 the same plan of the " Annotated Digest," with the 
 commendations and approval of which. I have had so 
 many reasons to be proud. 
 
 Upon the suggestions of some popular school-men, 
 the plan of authoritative definitions and side questions 
 has been adopted. While then the work will be an 
 exhaustive reference-book for the lawyer, the judge, 
 the statesman, the publicist, the editor, and the politi 
 cal writer (who should always have such a work upon 
 their tables), it is hoped that it may also prove a popu 
 lar text-book for all our schools ; or, if this fond antici 
 pation shall fail, I trust that some more experienced 
 hand may be led to prepare a text-book which may 
 become as popular in its appropriate place as was ever 
 Webster s spelling-book. 
 
 Let us remember that we have four millions of freemen 
 who have been constitutionally made citizens of the 
 
PREFACE. Xlii 
 
 United States, in whose behalf the fundamental charter 
 has been amended, few of whom can yet read the in 
 strument which guaranteed their liberties, in common 
 with others of their fellow-citizens. We have three 
 hundred thousand loyers of liberty coming every year 
 to our shores ; and we have millions of native-born 
 children, in rural districts and in cities, to whom the 
 Constitution is not accessible. The course of safety, and 
 of the preservation and perpetuation of liberty, would 
 demand that Congress should adopt some well- arranged 
 Manual upon the Constitution, and distribute it among 
 the people. None occurs to the author as better than 
 that which defines every phrase, and points to every 
 higher authority which has discussed it, and which has 
 an index so copious that none can be misled. 
 
 I beg all readers to believe that the political bias 
 hereinbefore expressed has had no influence in the 
 preparation of the notes. They have been given, 
 honestly, as they were found in the authorities. If 
 any light has been overlooked, it has been accidental, 
 and the omission will be repaired in the future editions. 
 
 There are some great facts which the strongest preju 
 dices cannot overlook. The efforts to establish the 
 doctrines of secession in the name of State sovereignty 
 have tested the strength of the Union ; and whether 
 doubtful powers have been rightfully or wrongfully 
 exercised, they have been so exercised as to become 
 estoppels upon the whole people. The Southern 
 school started upon the theory that the " common de- 
 
XI V PREFACE. 
 
 fense and general welfare" guaranties must be stricken 
 out of the Constitution. And while they retained the 
 great landmarks, and almost the identical language, 
 the idea of national internal improvements and pro 
 tective tariffs was forbidden ; slavery was attempted to 
 be perpetuated ; and our " Rights in the Territories" 
 were so clearly defined, that the people thereof could 
 not protect themselves by their own wholesome legis 
 lation. But a single year of war found the anti-in 
 ternal improvement States-Rights Government making 
 railroads, and in possession of all the railroads and 
 other means of transportation in the States, enforcing 
 general conscription, impressments, martial law, and 
 almost subsidizing the States which had confederated 
 themselves. And as to " new States," Kentucky and 
 Missouri were represented at Richmond, while the gov 
 ernments thereof were firm to the Union. In a word, the 
 plea of NECESSITY afforded an excuse lor every exercise 
 of power. So, in the efforts to put down the rebellion, 
 the military power was pushed far beyond the most 
 ulterior centralizing ideas, and every obstacle which 
 stood in the way of preserving the life of the nation 
 was easily removed. West Virginia was admitted as 
 a State of the Union, upon the same principle that Ken 
 tucky and Missouri were admitted as States of "the 
 Confederate States of America;" that is, because the 
 minority, who acknowledged their allegiance to the 
 central Government, were recognized as the lawful 
 State governments. It has thus become established, 
 
PREFACE* XV 
 
 that the powers to suppress insurrection and to crush 
 rebellion, and the obligation to guarantee a republican 
 form of government, carry along the right to recog 
 nize none but the State government in harmony with 
 the Union as a lawfully existing State. Such is the 
 clear theory of President Johnson s proclamations, 
 setting aside State governments and appointing new 
 magistracies; such the theory of Congress in passing 
 the reconstruction laws ; and such were the precedents 
 in Richmond, which are binding upon the " engineers 
 hoist by their own petards." 
 
 Therefore, the doctrines of " States Rights" seem to be 
 narrowed down to the practical theory, that when all 
 State officials cease to acknowledge the Constitution of 
 the United States, and the laws and treaties made in 
 pursuance thereof, as the "supreme law of the land," 
 and the great mass of the people sustain them in rebel 
 lion, they so far lose their positions as States, as to 
 leave the means of restoration to the law-making power 
 of the Union, after amendments forming conditions of 
 security shall have been superadded. Such are always 
 the fruits of unsuccessful revolution. 
 
 These things are said in the interest of no partisan 
 view. I would only exhort all men, and all children, 
 to consider the Constitution of the United States as 
 perpetual ; to carefully study its every word and 
 phrase, and the spirit and intention of every clause. 
 And, above all, never to engage in its discussion with 
 out a clear comprehension of every word employed in 
 
XVI PREFACE. 
 
 regard to it ; and to trust no man nor journalist as an 
 expounder who misquotes its language, and shows a 
 real or willful ignorance of its provisions. Such teach 
 ers are the blind leading the blind. 
 
 The Constitution has created no authoritative ex 
 pounder. Every exposition has, at last, to come to the 
 test of popular opinion. How important, then, that 
 the public judgment shall be enlightened. As the war 
 has stricken human slavery out of the Constitution, we 
 all, in some sort, stand upon a new era in regard to 
 the protective principles and the guaranties of liberty 
 which it contains. And yet it is the order of the 
 human mind, under all dispensations, to consult pre 
 cedents ; to allow them always to be persuasive, and 
 generally controlling. In this light every citation in 
 this little book has its value. 
 
 The Editor does not claim perfection even in refer 
 ences, or the extent of research. And as it is intended 
 to keep the work up as long as new editions are 
 demanded, he would be very thankful for any sugges 
 tion of errors or omissions. The effort is an experi 
 ment. All who will weigh the great problem of 
 liberty, will acknowledge the importance of educating 
 every mind in the true principles of our government. 
 This can only be done by precept upon precept, line 
 upon line, here a little and there a little. If the zeal 
 and anxiety of the Editor is great, let his apology be, 
 that he has suffered keenly from the intolerance grow 
 ing out of ignorance of the true principles of constitu- 
 
PREFACE. 
 
 tional liberty, and the reckless depravity in regard to 
 their preservation. His moral duty, in the direction 
 of enlightenment, is therefore great. 
 
 GEO. W. PASCHAL, of Texas. 
 
 No. 26 Exchange Place, New York. 
 
TABLE OF CONTENTS. 
 
 PAGE. 
 
 ABBREVIATIONS OP AUTHOEITIES xxiii 
 
 DECLARATION- OP INDEPENDENCE 1-8 
 
 ARTICLES OF CONFEDERATION 9-19 
 
 THE CONSTITUTION OP THE UNITED STATES, WITHOUT NOTES 22-50 
 
 DIRECTIONS FOR BEADING THE ANNOTATED CONSTITUTION. 51 
 
 THE CONSTITUTION OF THE UNITED STATES, ANNOTATED 51-294 
 
 Articles, Sections, Clauses, Pages, and Numbers, of Notes of the Constitution of the 
 United States, Unnoted and Annotated. 
 
 ARTICLES or CONSTITUTION OF U. S. 
 
 Preamble 
 
 Legislative Power Congress I. 
 
 House, Qualifications of Voters I. 
 
 Members, Qualifications I. 
 
 Representatives Taxes numbers I. 
 
 Vacancies I. 
 
 Speaker, Impeachment I. 
 
 Senators, Election Law of I. 
 
 Senators, Classification I. 
 
 Senators, Qualifications I. 
 
 Vice-President, List I. 
 
 Presiding Officers, Names of I. 
 
 Impeachment I. 
 
 Impeachment, Judgment I. 
 
 Elections, Power of Congress I. 
 
 Sessions, Law fixing I. 
 
 Elections Returns, Qualifications I. 
 
 Rules, Expulsion I. 
 
 Journals . . I. 
 
 .rt. 
 
 Sec. 
 
 CL 
 
 Pages. 
 
 Notes. 
 
 
 
 
 22, 
 
 53 
 
 5-13 
 
 I. 
 
 1 
 
 
 22, 
 
 56 
 
 14-15 
 
 I. 
 
 2 
 
 1 
 
 22, 
 
 56 
 
 16-18 
 
 I. 
 
 2 
 
 2 
 
 23, 
 
 66 
 
 19, SO 
 
 I. 
 
 2 
 
 3 
 
 23, 
 
 67 
 
 21-24 
 
 I. 
 
 2 
 
 4 
 
 23, 
 
 72 
 
 25 
 
 I 
 
 2 
 
 5 
 
 23, 
 
 72 
 
 26,27 
 
 I. 
 
 3 
 
 1 
 
 24, 
 
 74 
 
 28-30 
 
 I. 
 
 3 
 
 2 
 
 24, 
 
 76 
 
 31-34 
 
 I. 
 
 3 
 
 3 
 
 24, 
 
 77 
 
 35 
 
 I. 
 
 3 
 
 4 
 
 24, 
 
 77 
 
 86, 37 
 
 I. 
 
 3 
 
 5 
 
 24, 
 
 78 
 
 38 
 
 I. 
 
 3 
 
 6 
 
 25, 
 
 81 
 
 39 
 
 I. 
 
 3 
 
 7 
 
 25, 
 
 82 
 
 40 
 
 I. 
 
 4 
 
 1 
 
 25, 
 
 83 
 
 41 
 
 I. 
 
 4 
 
 2 
 
 25, 
 
 83 
 
 42,43 
 
 I. 
 
 5 
 
 1 
 
 25, 
 
 84 
 
 44-46 
 
 I. 
 
 5 
 
 2 
 
 26, 
 
 86 
 
 47-50 
 
 I. 
 
 5 
 
 3 
 
 26, 
 
 87 
 
 51 
 
XX 
 
 CONTENTS. 
 
 
 Art. 
 
 Sec. 
 
 Cl. 
 
 Pages. 
 
 Notes. 
 
 Adjournment 
 
 I. 
 
 5 
 
 4 
 
 26, 88 
 
 52 
 
 Compensation, Privilege 
 
 I. 
 
 6 
 
 1 
 
 26, 88 
 
 53-61 
 
 Two Offices 
 
 I. 
 
 6 
 
 2 
 
 27, 90 
 
 62,63 
 
 Bills, Revenue 
 
 I. 
 
 7 
 
 1 
 
 27, 90 
 
 64,65 
 
 Bills, Veto History of 
 
 I. 
 
 7 
 
 2 
 
 27, 91 
 
 66-69 
 
 
 I. 
 
 7 
 
 3 
 
 28, 93 
 
 70 
 
 Power of Congress 
 
 I. 
 
 8 
 
 
 28, 94 
 
 71 
 
 Taxes, Duties, Imposts, Uniformity 
 
 I. 
 
 8 
 
 1 
 
 28, 94 
 
 72-81 
 
 Borrow Money 
 
 I. 
 
 8 
 
 2 
 
 28, 103 
 
 83, 4 
 
 Commerce 
 
 I. 
 
 8 
 
 3 
 
 28, 105 
 
 85-92 
 
 Naturalization, Bankruptcy 
 
 I. 
 
 8 
 
 4 
 
 29, 112 
 
 93-96 
 
 Money. Weights and Measures 
 
 I. 
 
 8 
 
 5 
 
 29. 114 
 
 97,102 
 
 Counterfeiting 
 
 I. 
 
 8 
 
 6 
 
 29, 118 
 
 103 
 
 Post-offices 
 
 I. 
 
 8 
 
 7 
 
 29, 119 
 
 104-106 
 
 Authors, Inventors 
 
 I. 
 
 8 
 
 8 
 
 29, 121 
 
 107,108 
 
 Inferior Tribunals 
 
 I. 
 
 8 
 
 9 
 
 29, 124 
 
 1O9 
 
 Piracies, Offenses 
 
 I. 
 
 8 
 
 10 
 
 29, 124 
 
 110-116 
 
 War, Marque and Reprisals 
 
 I. 
 
 8 
 
 11 
 
 29, 127 
 
 117-121 
 
 Armies 
 
 I. 
 
 8 
 
 12 
 
 29, 130 
 
 122-126 
 
 Navy 
 
 I. 
 
 8 
 
 13 
 
 29, 132 
 
 127-128 
 
 Land and Naval Forces 
 
 I. 
 
 8 
 
 14 
 
 29, 133 
 
 129 
 
 Militia 
 
 I. 
 
 8 
 
 15 
 
 29, 133 
 
 130-133 
 
 Militia 
 
 I. 
 
 8 
 
 16 
 
 30, 135 
 
 134,135 
 
 Exclusive Legislation, Districts, Forts. . . 
 
 I. 
 
 8 
 
 17 
 
 30, 136 
 
 136,137 
 
 Necessary Powers 
 
 I. 
 
 8 
 
 18 
 
 30, 138 
 
 138 
 
 Migration, Slaves 
 
 I. 
 
 9 
 
 1 
 
 30, 140 
 
 139 
 
 Habeas Corpus 
 
 I. 
 
 9 
 
 2 
 
 30, 140 
 
 140, 141 
 
 
 I. 
 
 9 
 
 3 
 
 31, 146 
 
 142, 143 
 
 Capitation, Taxes 
 
 I. 
 
 9 
 
 4 
 
 31, 149 
 
 144-145 
 
 Exports 
 
 I. 
 
 9 
 
 5 
 
 31, 150 
 
 146 
 
 Preference 
 
 I. 
 
 9 
 
 6 
 
 31, 150 
 
 147, 148 
 
 Treasury, Appropriations 
 
 I. 
 
 9 
 
 7 
 
 31, 151 
 
 149 
 
 Nobility, Office 
 
 I. 
 
 9 
 
 8 
 
 31, 152 
 
 150,151 
 
 Inhibitions, States 
 
 I. 
 
 10 
 
 1 
 
 31, 153 
 
 152-161 
 
 Inhibitions, States, Congress 
 
 I. 
 
 10 
 
 2 
 
 32, 161 
 
 16?, 162 
 
 Inhibitions, Tonnage 
 
 I. 
 
 10 
 
 3 
 
 31 , 101 
 
 163,164 
 
 Executive, Presidents 
 
 II. 
 
 1 
 
 1 
 
 32,. 162 
 
 165, 166 
 
 Electors 
 
 II. 
 
 1 
 
 2 
 
 32, 1G4 
 
 167 
 
 Election, Time 
 
 II. 
 
 1 
 
 3 
 
 34, 167 
 
 168168c 
 
 President, Qualifications 
 
 II. 
 
 1 
 
 4 
 
 34, 167 
 
 169-171 
 
 Vacancy, Who Succeeds 
 
 II. 
 
 1 
 
 5 
 
 34, 169 
 
 172 
 
CONTENTS. 
 
 XXI 
 
 Art. Sec. Cl. Pages. Notes. 
 
 Compensation, Salary II. 1 6 34, ] 70 173 
 
 Oath of President II. 1 7 35, 170 174 
 
 President s Powers II. 2 1 35, 171 175-177 
 
 Appointments, Tenure of Office II. 2 2 35,174 178-184 
 
 Vacancies, How filled IL 2 3 3G, 182 185, 186 
 
 President s Duties II. 3 36,183 187-19O 
 
 Impeachment Fully Discussed II. 4 36,185 191-194 
 
 Judicial Power III. 1 36, 189 195-198 
 
 Judicial Power III. 2 1 37, 1 94 199-209 
 
 -Jurisdiction III. 2 2 37,204 210-211 
 
 Trial, Crimes III. 2 3 37,209 212-214 
 
 Treason III. 3 1 38,211 215,216 
 
 Punishment III. 3 2 38,213 217 
 
 Acts, Records, Authentication IV. 1 38,213 2*18,219 
 
 Citizens, Privileges, Immunities IV. 2 1 38,222 220-222 
 
 Fugitives from Justice IV. 2 2 38,229 223-225 
 
 Fugitive Slaves IV. 2 3 39, 232 226-228 
 
 New States List of IV. 3 1 39, 234 229, 230 
 
 Territories j- IV. 3 2 39,238 231,232 
 
 Republican Government IV. 4 39,242 234-235 
 
 Amendment V. 40, 246 236 
 
 Debts VI. 1 40,247 237 
 
 ^Supreme Law VI. 2 40, 247 238-241 
 
 Oath of Office VI. 3 40,250 242 
 
 Ratification, Dates of VII. 41, 252 243 
 
 AMENDMENTS. 244 
 
 Religion, Freedom of Speech L 43, 254 245-248 
 
 Militia, Well Regulated II. 43, 256 249 
 
 No Soldier shall be Quartered III. 44, 256 250) 
 
 Seizures, Searches IV. 44,257 251,252 
 
 Rights Guaranteed V. 44, 258 253-259 
 
 Criminal Prosecutions VI. 44, 263 26O-262 
 
 Common Law VII. 45,266 263-265 
 
 Excessive Bail, Cruel Punishments VIII. 45, 267 266, 267 
 
 Enumeration, Rights IX. 45, 268 268 
 
 Reserved Powers X. 45,269 269 
 
 Judicial Powers, States XI. 46, 269 27O-272 
 
 President, Electors XII. 1 46, 164 273, 168 
 
 " " XII. 2 47,166 168a 
 
XXli CONTENTS. 
 
 Art. Sec. Cl. Pages. Notes. 
 
 Vice-President, Qualification XII. 3 47, 166 168& 
 
 Slavery Abolished XIII. 1 48,271 274 
 
 Slavery. Powers of Congress XIII. 2 48, 271 274 
 
 Citizens, Rights guaranteed XIV. 1 48, 279 275-279 
 
 Representatives, Numbers XIV. 2 48,279 275-2O 
 
 Disqualification XIV. 3 49,279 281 
 
 Public-Debt XIV. 4 49,280 282 
 
 General Powers . . XIV. 5 50, 280 283-285 
 
TABLE OF AITTHOKITIES CITED AND 
 ABBKEYIATIONS USED. 
 
 Ab. on Ship Abbot on Shipping. 
 
 Adams John Adams Defense of the American Constitution. 
 
 Adams Rom. Ant Adams Roman Antiquities. 
 
 Allen Allen s (Mass.) Reports. 
 
 Ala Alabama Reports. 
 
 Am. Almanac American Almanac. 
 
 Am. Almanac Rep American Almanac Repository. 
 
 Am. Jur American Jurist. 
 
 Am. Lead. C American Leading Cases. 
 
 Am. L. J American Law Journal. 
 
 Am. L. R American Law Register, 
 
 And. Rev. L Andrew s Revenue Laws. 
 
 Ang. on Tidewaters Angel on Tidewaters. 
 
 Ang. and Ames Angel and Ames on Corporations. 
 
 Archbold s Law of Bankruptcy. 
 
 Ash.-Ashm Ashmead s Reports. 
 
 Bacon s Ab Bacon s Abridgment. 
 
 Bailey .Bailey s Reports. 
 
 Bald. C. C Baldwin s Circuit Court Reports. 
 
 Barb Barbour s Reports/ /W .7 
 
 Barnes Barnes Cases of Practice. 
 
 Barr Barr s Pennsylvania Stato Reports. 
 
 Bates Attorney-General, Edward Bates. 
 
 Benton s Debates Benton s Condensed Congressional Debates. 
 
 Benton s Thirty Years in the Senate. /p 
 
 Bing. Bingham s Reports^ GH 
 
 Binn Binney s Reports. / 
 
 Bevan Bevan s Reports. &$&*&;& L* GO-r> 
 
 Bioren and Duane s Laws of the United States. 
 
 Bishop on Cr. L Bishop on Criminal Law. 
 
 Black Black s Reports. 
 
 Blackf. Blackford s Reports. 
 
 B1.-B1. Com Blackstone s Commentaries. 
 
 Black wood Black wood s Reports. 7 , 
 
 Blatch Blatchford s Reports. (A ft J 
 
 Blount s Trial. 
 
 Breese Breese s Reports. 
 
 Brightly Brightly s Reports. 
 
 Brightly s Dig Brightly s Digest of Laws of v TJ. 8. 
 
 Brock Brockenborough s Reports. ^TVv. . ) 
 
 Burr s Trial. 
 
XXIV AUTHORITIES AND ABBREVIATIONS. 
 
 Burr.-Bur Burrow s Reports. ( &*^Cf &t* ^ J 
 
 By nkershoek Bynkershoek on War. 
 
 Caine Caine s Cases in Error, ( % ^i ,) 
 
 Calhoun s Essay on Government 
 
 Cal California Reports. 
 
 Call Call s Reports. 
 
 Camp Campbell s Reports, 
 
 Carth Carthevv s Reports. 
 
 Casey Casey s Pennsylvania State Reports. 
 
 Chase s Trial. 
 
 Chev Cheve s Reports. 
 
 Ch. PI Chitty s Pleadings. 
 
 Cicero pro Sulla Cicero s Oration for Sulla. f^U" 
 
 Clark & Finnell Clark and Finnelly s Reports. ( CW*t*-* ( 
 
 Cl. & HalL Clark and Hall s Reports. 
 
 Cobb Cobb on Slavery. 
 
 Cobbett s Parliamentary History. 
 
 Coke Coke s Reports. 
 
 Co. Litt Coke on Littleton. ^^ 
 
 Cold well Cold well s Reports. ( &- J 
 
 Comst Comstock s Reports. / if4 1 
 
 Com. Dig Comyn s Digest &r*->Q -r jr / / X 
 
 Cond Peters s Condensed Reports, i ** V-,< 
 
 Conn Connecticut Reports. . 
 
 Cow Cowen s Reports. ( f^fy>) 
 
 Crabbe Crabbe s Reports. . . / ,* 
 
 Cr Cranch s Reports. ( < CC*J 44-* ) 
 
 Cr. C. C Cranch s Circuit Court Reports. 
 
 Curt. C. C Curtis Circuit Court Reports. 
 
 Curt. Com Curtis Commentaries. 
 
 Curt. Hist Curtis History of the Constitution. 
 
 Curtis Law of Patents. /2// * " /"** 
 
 Gush Cushing s Reports. (/ fisQ^> / 
 
 Dall Dallas Reports. /^C / <f.& J 
 
 Daveis Daveis Reports. 
 
 De Lolme De Lolme s Works. / y / 
 
 Den Denio s Reports. ^ 
 
 Dev Devereux s Reports. 
 
 Dev. & Bat Devereux and Battle s Reports. 
 
 Doug Douglass s Reports. 
 
 Duane Duarie s American La,w. . 
 
 Duer Duer s Reports. 
 
 Duval Judge Thomas H. Duval. 
 
 Duvall Duvall s Reports. 
 
 Dyer Dyer s Reports, f/g 
 
 East East s Report s. f^GZ-A^ I 
 
 Elliot s Deb Elliot s Debates. 
 
 Eng. L. and Eq English Law and Equity. 
 
 Farrar Farrar on the Constitution. 
 
 Federalist. 
 
 Finch Finch s Reports. 
 
 Fort Fortescue s Reports. 
 
AUTHORITIES AND ABBREVIATIONS. XXV 
 
 Ga Georgia Reports. 
 
 Gill Gillman s Reports. 
 
 Gr Greene s Reports. 
 
 Gray Gray s Reports. 
 
 Greenlf. Ev Greenleaf s Evidence. 
 
 H. & McII Harris amd McIleucy s^Reportjtr 
 
 Hagg Haggard s Reports/ Gl^tJ G&CC^t./n /t^5^< 
 
 Hale P. C Halo s Pleas of the Crown. 
 
 Hall ~L. J Hall s Law Journal. 
 
 Hall s Journal Hall s Journal of Jurisprudence. 
 
 Halleck Halleck s International Law. 
 
 Halst Halsted s Reports. 
 
 Hare Hare s Reports. 
 
 Harg Hargrave s State Trials. 
 
 Harp Harper s Reports. 
 
 Harring. Harrington . . . Harrington s Reports. 
 
 Hawk Hawk s Reports. 
 
 Hawkins Hawkins s Pleas of the Crown. 
 
 Hayw Hay ward s Reports. 
 
 Hemphill s Report on Internal Improvements. 
 
 Hemp Hempstead s Reports. 
 
 Hickey s Const Hickey s Constitution. 
 
 Hill Hill s N. Y. Reports. 
 
 Hough s Convention Manual of State Constitutions. 
 
 How Howard s Reports. (^U~d , 
 
 Humph Humphrey s Reports. 
 
 Hutch. s Hist Hutching s History of New England. 
 
 111. R Illinois Reports. 
 
 Ind. Rep Indiana Reports. 
 
 Ing. on Hob. Corp Ingersoll on Habeas Corpus. 
 
 Ired Iredell s Reports. 
 
 Jefferson s Manual. 
 
 Jeff. Corresp Jefferson s Correspondence. 
 
 Johns Johnson s Reports. c ? {/1sf ) 
 
 Johns. Ch Johnson s Chancery Reports/ ? ls,f, J 
 
 Journal of Convention. 
 Journal of the Senate. 
 Journal of the House. 
 
 Kent. Kent s Com Kent s Commentaries. 
 
 Kentucky Resolutions. . } . 
 
 Kern. KernaL Kernan s Reports. (/Ldj , 
 
 Kirby Kirby s Reports. 
 
 Law Mag Law Magazine. 
 
 Legal Int Legal Intelligencer. 
 
 Legare Attorney-General Lejgare. 
 
 Leigh Leigh s Reports. //*t . / 
 
 Lewis, Commissioner of Internal Revenue. 
 
 Lieber Lieber s Encyclopedia Americana. 
 
 Litt Littell s Reports. 
 
 Littleton Coke on Littleton. 
 
 Lloyd s Debates. 
 
 Lord King s Life of Locke. 
 
XXV] AUTHORITIES AND ABBREVIATIONS. 
 
 M. and Sel Maule and Selwyn s Reports. 
 
 Mackeld s Civ. L Mackeld s Civil Law. 
 
 M(n/na Charia. 
 
 Marshall s Life of Washington. 
 
 Mas. Mas. C. C Mason s Circuit Court Reports. 
 
 Mass Massachusetts Rcport&f A ^ / 
 
 McAllister McAllister s Reports. [^&> < 6$^, "U^/, / 
 
 McLean McLean s Reports. 
 
 Md Maryland Reports. 
 
 Meigs Meigs s Reports. 
 
 Met Metcalf s Reports. 
 
 Miles Miles s Reports. 
 
 Minn Minnesota Reports. 
 
 Miss Mississippi Reports. 
 
 Mo Missouri Reports. 
 
 Monr Monroe s Reports. 
 
 Mont. Montesq Montesquieu s Spirit of Laws. 
 
 Moore Privy Council. . . .Moore s Privy Council Reports. 
 
 Mumf Mumford s Reports. 
 
 N. II New Hampshire Reports. 
 
 N. Y. Herald. New York Herald. 
 
 N. Y. Reports. New York Reports. 
 
 0. Bridge Reports Sir Oliver Bridge s Reports. 
 
 Ohio Reports. 
 
 Op Opinions of the Attorney-General. 
 
 Paige Paige s Reports. ( ~ 
 
 Paine Paine s Reports. 
 
 Paschal s Annotated Digest of the Laws of Texas. 
 
 Peake Peake s Cases. 
 
 Penn Pennington s Reports. 
 
 Penn. L. J Pennsylvania Law Journal. 
 
 Penn. State Pennsylvania State Reports. . * i 
 
 Pet Peters s Reports. C^U ,<? <? * 
 
 Pet. C. C Peters s Circuit Court Reports. 
 
 Phila. R Philadelphia Reports. 
 
 Philadelphia Ledger. 
 
 Philliinore Phillimore s International Law. 
 
 Pick Pickering s Reports. (// ( O^A^. I 
 
 Pitk Pitkin s History of the United States. 
 
 Pittsburg L. J Pittsburg Legal Journal. 
 
 Port Porter s Reports. 
 
 Puffendorf Puffendorfs Works. 
 
 Randolph Randolph s Reports. 
 
 Rawle Rawle s Reports. 
 
 Rawle s Const Rawle on the Constitution. 
 
 Rich Richardson s Reports.^. * 
 
 Salkeld Salkeld s Reports. 
 
 Sandf Sandford s Reports 
 
 S. C Same Case. 
 
 Scam Scammon s Reports. 
 
 Sedgwick on Statutory and Constitutional Lawy^ / 
 Seld Selden s Reports. 
 
AUTHORITIES AND ABBREVIATIONS. XXVII 
 
 Senate Journal. 
 
 Serg. Const Sergeant on the Constitution. / 
 
 S. & R Sergeant and Rawle s Reports. 
 
 Shep Shepley s Reports. 
 
 Shepherd Shepherd s Touchstone. 
 
 Smith Smith s (Penn.) Reports. 
 
 Smith s Leading Cases 
 Smith s Wealth of Nations. 
 
 So. Car South Carolina Reports. 
 
 Speed Attorney-General, James Speed. 
 
 Spelman Spelman s Works. 
 
 Stanbery ^Attorney-General, Henry Staubery 
 
 Stewart Stewart s Reports. 
 
 Stanton Attorney- General, Edwin Stanton. 
 
 Story Story s Reports. 
 
 Story s Conn 1 , of L Story s Conflict of Laws. 
 
 Story s Const Story on the Constitution. L 
 
 Story on Cont Story on Contracts. ; k <// - 
 
 Strange Strange s Reports. (Jlsfl-jftAit * 
 
 Sumner s Simmer s Reports. 
 
 Taylor s Civil Law. 
 
 Tex Texas Reports. 
 
 Thatcher Cr. C Thatcher s Criminal Cases. 
 
 Tomlin s Law Die Tomlin s Law Dictionary. 
 
 Tucker s Black. App Tucker s Blackstone, Appendix. 
 
 Vallandigham s Trial. 
 Vattel s Law of Nations. 
 
 Verm. R. Vt. R Vermont Reports. 
 
 Vern Vernon s Reports. 
 
 Ves Vesey s Reports. 
 
 Vesey, Jr Vesey, Jr. s, Reports^ 
 
 Virginia Resolutions and Report. 
 
 Walker Walker s Report. 
 
 Wall Wallace s Reports. }(// *f, 3 & ,) 
 
 Wall., Jr Wallace, Jr. s, Reports.] V 
 
 Wash. C. C Washington Circuit Court Reports 
 
 Watts ". Watts Reports. 
 
 Webster s Die Webster s Dictionary. 
 
 Webster s Speeches. /y/yy / 
 
 Wend WendeU s Reports. V^l 
 
 Western Leg. Obsr Western Legal Observer. 
 
 AVharton La Whar ton s Criminal Law. 
 
 Wharton on Homicides. J j / 
 
 Wh. Wheat Wheaton s Reports. / &C& t/X* ,y 
 
 Wheaton s Life of Pinckney. 
 
 Wheat. Int. L Wheaton s International Law. 
 
 Wheeler s Law of Slavery. 
 
 Whiting Whiting on the War Power. 
 
 Wil. M. C Wilcock on Municipal Corporations. 
 
 Wils. Law Lect Wilson s Law Lectures. 
 
 Will Wille s Reports. 
 
 Wirt Attorney- General, William Wirt 
 
XXV111 AUTHORITIES AND ABBREVIATIONS. 
 
 Wis. It "Wisconsin Reports. 
 
 Woodeson s Lectures. 
 
 Worcester s Die Worcester s Dictionary. 
 
 World Almanac. 
 
 Yelv Yelvertou s Reports. 
 
 Yerg Yerger s Reports. 
 
 Zab. R Zabriskie s Reports. 
 
THE DECLARATION OF INDEPENDENCE. 
 
 A Declaration ~by the Representatives of tJie United 
 States of America, in Congress assembled. 
 
 WHEN, in the course of human events, it becomes 
 necessary for one people to dissolve the political bands 
 which have connected them with another, and to 
 assume, among the powers of the earth, the separate 
 and equal station to which the laws of nature and of 
 nature s God entitle them, a decent respect to the 
 opinions of mankind requires that they should declare 
 the causes which impel them to the separation. 
 
 We hold these truths to be self-evident, that all men 
 are created equal ; that they are endowed by their 
 Creator with certain unalienable rights ; that among 
 these, are life, liberty, and the pursuit of happiness. 
 That, to secure these rights, governments are instituted 
 among men, deriving their just powers from the con 
 sent of the governed ; that whenever any form of 
 government becomes destructive of these ends, it is 
 the right of the people to alter or to abolish it, and to 
 institute a new government, laying its foundation on 
 such principles, and organizing its powers in such 
 
2 THE DECLARATION OF INDEPENDENCE. 
 
 form , as to them shall seem most likely to effect their 
 safety and happiness. Prudence, indeed, will dictate 
 that governments long established, should not be 
 changed for light and transient causes ; and, accord 
 ingly, all experience hath shown, that mankind are 
 more disposed to suffer, while evils are sufferable, 
 than to right themselves by abolishing the forms to 
 which they are accustomed. But, when a ]ong train of 
 abuses and usurpations, pursuing invariably the same 
 object, evinces a design to reduce them under absolute 
 despotism, it is their right, it is their duty, to throw oft 
 sucli government, and to provide new guards for their 
 future security. Such has been the patient sufferance 
 of these colonies, and such is now the necessity which 
 constrains them to alter their former systems of govern 
 ment. The history of the present king of Great Britain 
 is a history of repeated injuries and usurpations, all 
 having, in direct object, the establishment of an ab 
 solute tyranny over these States. To prove this, let 
 facts be submitted to a candid world : 
 
 He has refused his assent to laws the most whole 
 some and necessary for the public good. 
 
 He has forbidden his Governors to pass laws of 
 immediate and pressing importance, unless suspended 
 in their operation till his assent should be obtained ; 
 and, when so suspended, he has utterly neglected to 
 attend to them. 
 
 He has refused to pass other laws for the accom 
 modation of large districts of people, unless those 
 
THE DECLAKATION OF INDEPENDENCE. 3 
 
 people would relinquish the right of representation in 
 the legislature ; a right inestimable to them, and formi 
 dable to tyrants only. 
 
 He has- called together legislative bodies at places 
 unusual, uncomfortable, and distant from the deposi 
 tory of their public records, for the sole purpose of 
 fatiguing them into compliance with his measures. 
 
 He has dissolved representative houses repeatedly, 
 for opposing, with manly firmness, his invasions on 
 the rights of the people. 
 
 He has refused, for a long time after such dissolu 
 tions, to cause others to be elected ; whereby the 
 legislative powers, incapable of annihilation, have 
 returned to the people at large for their exercise ; the 
 State remaining, in the mean time, exposed to all the 
 danger of invasion from without, and convulsions 
 within. 
 
 He has endeavored to prevent the population of 
 these States ; for that purpose, obstructing the laws 
 for naturalization of foreigners ; refusing to pass others 
 to encourage their migration hither, and raising the 
 conditions of new appropriations of lands. 
 
 He has obstructed the administration of justice, by 
 refusing his assent to laws for establishing judiciary 
 powers. 
 
 He has made judges dependent on his will alone, for 
 the tenure of their offices, and the amount and pay 
 ment of their salaries. 
 
 He has erected a multitude of new offices, and sent 
 
4 THE DECLARATION OF INDEPENDENCE. 
 
 hither swarms of officers to harass our people, and eat 
 out their substance. 
 
 He has kept among us, in times of peace, standing 
 armies, without the consent of our legislature. 
 
 He has affected to render the military independent 
 of, and superior to, the civil power. 
 
 He has combined, with others, to subject us to a 
 jurisdiction foreign to our constitution, and unac 
 knowledged by our laws ; giving his assent to their 
 acts of pretended legislation : 
 
 For quartering large bodies of armed troops among 
 us: 
 
 For protecting them, by a mock trial, from punish 
 ment, for any murders which they should commit on 
 the inhabitants of these States : 
 
 For cutting off our trade with all parts of the world : 
 
 For imposing taxes on us without our consent : 
 
 For depriving us, in many cases, of the benefits of 
 trial by jury : 
 
 For transporting us beyond the seas to be tried for 
 pretended offenses : 
 
 For abolishing the free system of English laws in a 
 neighboring province, establishing therein an arbi 
 trary government, and enlarging its boundaries, so as 
 to render it at once an example and fit instrument for 
 introducing the same absolute rule into these colonies : 
 
 For taking away our charters, abolishing our most 
 valuable laws, and altering, fundamentally, the pow 
 ers of our governments : 
 
THE DECLARATION OF INDEPENDENCE. 5 
 
 For suspending onr own legislatures, and declaring 
 themselves invested with power to legislate for us in 
 all cases whatsoever. 
 
 He has abdicated government here, by declaring us 
 out of his protection, and waging war against us. 
 
 He has plundered our seas, ravaged our coasts, 
 burnt our towns, and destroyed the lives of our 
 people. 
 
 He is, at this time, transporting large armies of 
 foreign mercenaries to complete the works of death, 
 desolation, and tyranny, already begun, with circum 
 stances of cruelty and perfidy scarcely paralleled in 
 the most barbarous ages, and totally unworthy the 
 head of a civilized nation. 
 
 He has constrained our fellow-citizens, taken captive 
 on the high seas, to bear arms against their country, to 
 become the executioners of their friends and brethren, 
 or to fall themselves by their hands. 
 
 He has excited domestic insurrection amongst us, 
 and has endeavored to bring on the inhabitants of our 
 frontiers, the merciless Indian savages, whose known 
 rule of warfare is an undistinguished destruction of 
 all ages, sexes, and conditions. 
 
 In every stage of these oppressions, we have peti 
 tioned for redress, in the most humble terms ; our 
 repeated petitions have been answered only by re 
 peated injury. A prince, whose character is thus 
 marked by every act which may define a tyrant, is 
 unfit to be the ruler of a free people. 
 
6 THE DECLAKATION OF INDEPENDENCE. 
 
 Nor have we been wanting in attention to our 
 British brethren. We have warned them, from time to 
 time, of attempts made by their legislature to extend 
 an unwarrantable jurisdiction over us. We have 
 reminded them of the circumstances of our emigration 
 and settlement here. We have appealed to their 
 native justice and magnanimity, and we have conjured 
 them, by the ties of our common kindred, to disavow 
 these usurpations, which would inevitably interrupt 
 our connections and correspondence. They, too, have 
 been deaf to the voice of justice and consanguinity. 
 We must, therefore, acquiesce in the necessity, which 
 denounces our separation, and hold them, as we hold 
 the rest of mankind, enemies in war, in peace, friends. 
 
 We. therefore, the representatives of the UNITED 
 STATES OF AMERICA, in GENERAL CONGRESS 
 assembled, appealing to the Supreme Judge of the 
 World for the rectitude of our intentions, do, in the 
 name, and by the authority of the good people of these 
 colonies, solemnly publish and declare, That these 
 United Colonies are, and of right ought to be, FREE 
 AND INDEPENDENT STATES ; that they are absolved 
 from all allegiance to the British crown, and that all 
 political connection between them and the State of 
 Great Britain, is, and ought to be, totally dissolved ; 
 and that, as FREE AND INDEPENDENT 
 STATES, they have full power to levy war, conclude 
 peace, contract alliances, establish commerce, and to 
 do all other acts and things which INDEPENDENT 
 
THE DECLARATION OF INDEPENDENCE. 
 
 STATES may of right do. And for the support of this 
 declaration, with a firm reliance on the protection of 
 DIVINE PROVIDENCE, we mutually pledge to each 
 other, our lives, our fortunes, and our sacred honor 
 
 The foregoing declaration was, by order of Congress, 
 engrossed, and signed by the following members : 
 
 New Hampshire. 
 Josiah Bartlett, 
 William Whip pie, 
 Matthew Thornton. 
 Massachusetts Bay. 
 Samuel Adams, 
 John Adams, 
 Robert Treat Paine, 
 Elbridge Gerry. 
 
 Rhode Island. 
 Stephen Hopkins, 
 William Ellery. 
 
 Connecticut. 
 Roger Sherman, 
 Samuel Huntington, 
 William W r illiams, 
 Oliver Wolcott. 
 
 New York. 
 William Floyd, 
 Philip Livingston, 
 Francis Lewis, 
 Lewis Morris. 
 
 New Jersey. 
 Richard Stockton, 
 John Witherspoon, 
 Francis Hopkinson, 
 
 JOHN HANCOCK. 
 
 John Hart, 
 
 Abraham Clark. 
 
 Pennsylvania. 
 Robert Morris, 
 Benjamin Rush, 
 Benjamin Franklin, 
 John Morton, 
 George Clymer, 
 James Smith, 
 George Taylor, 
 James Wilson, 
 George Ross. 
 
 Delaware. 
 Ca3sar Rodney, 
 George Read, 
 Thomas M Kean. 
 
 Maryland. 
 Samuel Chase, 
 William Paca, 
 Thomas Stone, 
 Charles Carroll, of Carrollton. 
 
 Virginia. 
 George Wythe, 
 Richard Henry Lee, 
 Thomas Jefferson, 
 Benjamin Harrison, 
 
8 ARTICLES OF CONFEDERATION. 
 
 Virginia. South Carolina. 
 
 Thomas Kelson, Jr., Edward Rutledge, 
 
 Francis Lightlbot Lee, Thomas Heyward, Jr., 
 
 Carter Braxton. Thomas Lynch, Jr., 
 
 North Carolina. Arthur Middleton. 
 William Hooper, Georgia. 
 
 Joseph Hewes, Button Gwinnett, 
 
 John Penn. Lyman Hall, 
 
 George Walton. 
 
 Resolved, That copies of the Declaration be sent to the 
 several assemblies, conventions, and committees, or councils 
 of safety, and to the several commanding officers of the conti 
 nental troops ; that it be proclaimed in each of the United 
 States, and at the head of the army. 
 
 ARTICLES OF CONFEDERATION AND PER 
 PETUAL UNION BETWEEN THE STATES. 
 
 The following have been critically compared with 
 the original Articles of Confederation in the Depart 
 ment of State, and found to conform minutely to them 
 in text, letter, and punctuation. It may therefore be 
 relied upon as a true copy. 
 
 TO ALL TO WHOM THESE PRESENTS SHALL 
 COME, WE THE UNDERSIGNED DELEGATES 
 OF THE STATES AFFIXED TO OUR NAMES, 
 SEND GREETING. Whereas the Delegates of the 
 United States of America in Congress assembled did 
 on the 15th day of November in the Year of our Lord 
 1777, and in the Second Year of the Independence of 
 
AKTICLES OF CONFEDERATION. 9 
 
 America agree to certain articles of Confederation and 
 perpetual Union between the States of New Hamp 
 shire, Massachusetts-bay, Rhode-island and Providence 
 Plantations, Connecticut, New- York, New- Jersey, 
 Pennsylvania, Delaware, Maryland, Virginia, North- 
 Carolina, South-Carolina, and Georgia, in the words 
 following, viz. 
 
 " ARTICLES OF CONFEDERATION AND PER 
 PETUAL UNION BETWEEN THE STATES OF 
 NEW HAMPSHIRE, MASSACHUSETTS-BAY, 
 RHODE-ISLAND AND PROVIDENCE PLAN 
 TATIONS, CONNECTICUT, NEW- YORK, NEW- 
 JERSEY, PENNSYLVANIA, DELAWARE, 
 MARYLAND, VIRGINIA, NORTH-CAROLINA, 
 SOUTH-CAROLINA, AND GEORGIA. 
 
 ARTICLE I. The Stile of this confederacy shall be 
 " The United States of America." 
 
 ARTICLE II. Each state retains its sovereignty, 
 freedom and independence, and every Power, Juris 
 diction and right, which is not by this confederation 
 expressly delegated to the united states, in congress 
 assembled. 
 
 ARTICLE III. The said states hereby severally 
 enter into a firm league of friendship with each other, 
 for their common defence, the security of their Liber 
 ties, and their mutual and general welfare, binding 
 themselves to assist each other, against all force offered 
 to, or attacks made upon them, or any of them, on ac 
 count of religion, sovereignty, trade, or any other pre 
 tence whatever. 
 i* 
 
10 ARTICLES OF CONFEDERATION". 
 
 ARTICLE IV. The better to secure and perpetuate 
 mutual friendship and intercourse among the people 
 of the different states in this union, the free inhabitants 
 of each of these states, paupers, vagabonds, and fugi 
 tives from Justice excepted, shall be entitled to all 
 privileges and immunities of free citizens in the several 
 states ; and the people of each state shall have free in 
 gress and regress to and from any other state, and shall 
 enjoy therein all the privileges of trade and commerce, 
 subject to the same duties, impositions and restrictions 
 as the inhabitants thereof respectively, provided that 
 such restriction shall not extend so far as to prevent 
 the removal of property imported into any state, to any 
 other state of which the Owner is an inhabitant ; pro 
 vided also that no imposition, duties or restriction shall 
 be laid by any state, on the property of the united 
 states, or either of them. 
 
 If any person guilty of, or charged with treason, 
 felony, or other high misdemeanor in any state, shall 
 flee from Justice, and be found in any of the united 
 states, he shall upon demand of the Governor or execu 
 tive power, of the state from which he fled, be delivered 
 up and removed to the state having jurisdiction of his 
 offence. 
 
 Full faith and credit shall be given in each of these 
 states to the records, acts and judicial proceedings of 
 the courts and magistrates of every other state. 
 
 AE-TICLE Y. For the more convenient management 
 of the general interest of the united states, delegates 
 shall be annually appointed in such manner as the legis 
 lature of each state shall direct, to meet in congress on 
 the first Monday in November, in every year, with a 
 power reserved to each state, to recal its delegates, or 
 
ARTICLES OF CONFEDERATION. 11 
 
 
 
 any of them, at any time within the year, and to send 
 others in their stead, for the remainder of the Year. 
 
 No state shall be represented in congress by less than 
 tAVO, nor by more than seven members ; and no per 
 son shall be capable of being a delegate for more than 
 three years in any term of six years ; nor shall any 
 person, being a delegate, be capable of holding any 
 office under the united states, for which he, or another 
 for his benefit receives any salary, fees or emolument 
 of any kind. 
 
 Each state shall maintain its own delegates in any 
 meeting of the states, and while they act as members 
 of the committee of the states. 
 
 In determining questions in the united states, in con 
 gress assembled, each state shall have one vote. 
 
 Freedom of speech and debate in congress shall not 
 be impeached or questioned in any Court, or place out 
 of congress, and the members of congress shall be pro 
 tected in their persons from arrests and imprisonments, 
 during the time of their going to and from, and attend 
 ance on congress, except for treason, felony, or breach 
 of the peace. 
 
 ARTICLE VI. No state without the Consent of the 
 united states in congress assembled, shall send any 
 embassy to, or receive any embassy from, or enter into 
 any conference, agreement, alliance or treaty with any 
 King prince or state ; nor shall any person holding 
 any office of profit or trust under the united states, or 
 any of them, accept of any present, emolument, office 
 or title of any kind whatever from any king, prince or 
 foreign state ; nor shall the united states in congress 
 assembled, or any of them, grant any title of nobility . 
 
 No two or more states shall enter into any treaty, 
 
12 ARTICLES OF CONFEDERATION. 
 
 confederation or alliance whatever between them, with 
 out the consent of the united states in congress assem 
 bled, specifying accurately the purposes for which the 
 same is to be entered into, and how long it shall con 
 tinue. 
 
 No state shall lay any imposts or duties, which may 
 interfere with any stipulations in treaties, entered into 
 by the united states in congress assembled, with any 
 king, prince or state, in pursuance of any treaties 
 already proposed by congress, to the courts of France 
 and Spain. 
 
 No vessels of war shall be kept up in time of peace 
 by any state, except such number only, as shall be 
 deemed necessary by the united states in congress as 
 sembled, for the defence of such state, or its trade ; nor 
 shall any body of forces be kept up by any state, in 
 time of peace, except such number only, as in the judg 
 ment of the united states, in congress assembled, shall 
 be deemed requisite to garrison the forts necessary for 
 the defence of such state ; but every state shall always 
 keep up a well regulated and disciplined militia, suffi 
 ciently armed and accoutred, and shall provide and 
 have constantly ready for use, in public stores, a due 
 number of field pieces and tents, and a proper quantity 
 of arms, ammunition and camp equipage. 
 
 No state shall engage in any war without the consent 
 of the united states in congress assembled, unless 
 such state be actually invaded by enemies, or shall 
 have received certain advice of a resolution being 
 formed by some nation of Indians to invade such state, 
 and the danger is so imminent as not to admit of a 
 delay, till the united states in congress assembled 
 can be consulted : nor shall any state grant commis- 
 
AETICLES OF CONFEDEKATIOtf. 13 
 
 sions to any ships or vessels of war, nor letters of 
 marque or reprisal, except it be after a declaration of 
 war by the united states in congress assembled, and 
 then only against the kingdom or state and the subjects 
 thereof, against which war has been so declared, and 
 under such regulations as shall be established by the 
 united states in congress assembled, unless such state 
 be infested by pirates, in which case vessels of war 
 may be fitted out for that occasion, and kept so long as 
 the danger shall continue, or until the united states in 
 congress assembled shall determine otherwise. 
 
 ARTICLE VII. When land-forces are raised by any 
 state for the common defence, all officers of or under 
 the rank of colonel, shall be appointed by the legislature 
 of each state respectively by whom such forces shall 
 be raised, or in such manner as such state shall di 
 rect, and all vacancies shall be filled up by the state 
 which, first made the appointment. 
 
 ARTICLE VIII. All charges of war, and all other 
 expenses that shall be incurred for the common defence 
 or general welfare, and allowed by the united states in 
 congress assembled, shall be defrayed out of a common 
 treasury, which shall be supplied by the several states, 
 in proportion to the value of all land within each state, 
 granted to or surveyed for any Person, as such land 
 and the buildings and improvements thereon shall be 
 estimated according to such mode as the united states 
 in congress assembled, shall from time to time, direct 
 and appoint. The taxes for paying that proportion 
 shall be laid and levied by the authority and direction 
 of the legislatures of the several states within the time 
 ,greed upon by the united states in congress assembled. 
 
14 ARTICLES OF CONFEDERATION. 
 
 ARTICLE IX. The united states in congress assem 
 bled, shall have the sole and exclusive right and power 
 of determining on peace and war, except in the cases 
 mentioned in the sixth article of sending and receiv 
 ing ambassadors entering into treaties and alliances, 
 provided that no treaty of commerce shall be made 
 whereby the legislative power of the respective states 
 shall be restrained from imposing such imposts and 
 duties on foreigners, as their own people are subjected 
 to, or from prohibiting the exportation or importation 
 of any species of goods or commodities whatsoever 
 of establishing rules for deciding in all cases, what 
 captures on land or water shall be legal, and in what 
 manner prizes taken by land or naval forces in the 
 service of the united states shall be divided or appro 
 priated of granting letters of marque and reprisal in 
 times of peace appointing courts for the trial of pira 
 cies and felonies committed on the high seas and estab 
 lishing courts for receiving and determining finally 
 appeals in all cases of captures, provided that no 
 member of congress shall be appointed a judge of any 
 of the said courts. 
 
 The united states in congress assembled shall also be 
 the last resort on appeal in all disputes and differences 
 now subsisting or that hereafter may arise between 
 two or more states concerning boundary, jurisdiction or 
 any other cause whatever ; which authority shall always 
 be exercised in the manner following. Whenever the 
 legislative or executive authority or lawful agent of 
 any state in controversy with another shall present a 
 petition to congress, stating the matter in question and 
 praying for a hearing, notice thereof shall be given by 
 order of congress to the legislative or executive author- 
 
ARTICLES OP CONFEDERATION. 15 
 
 ity of the other state in controversy, and a day assigned 
 for the appearance of the parties "by their lawful agents, 
 who shall then be directed to appoint by joint consent, 
 commissioners or judges to constitute a court for hear 
 ing and determining the matter in question : but if they 
 cannot agree, congress shall name three persons out of 
 each of the united states, and from the list of such per 
 sons each party shall alternately strike out one, the 
 petitioners beginning, until the number shall be reduced 
 to thirteen ; and from that number not less than seven, 
 nor more than nine names as congress shall direct, shall 
 in the presence of congress be drawn out by lot, and 
 the persons whose names shall be so drawn or any five 
 of them, shall be commissioners or judges, to hear and 
 finally determine the controversy, so always as a major 
 part of the judges who shall hear the cause shall agree 
 in the determination : and if either party shall neglect 
 to attend at the day appointed, without showing rea 
 sons, which congress shall judge sufficient, or being 
 present shall refuse to strike, the congress shall proceed 
 to nominate three persons out of each state, and the 
 secretary of congress shall strike in behalf of such 
 party absent or refusing ; and the judgment and sen 
 tence of the court to be appointed, in the manner before 
 prescribed, shall be final and conclusive ; and if any 
 of the parties shall refuse to submit to the authority of 
 such court, or to appear or defend their claim or cause, 
 the court shall nevertheless proceed to pronounce sen 
 tence, or judgment, which shall in like manner be final 
 and decisive, the judgment or sentence and other pro 
 ceedings being in either case transmitted to congress, 
 and lodged among the acts of congress for the security 
 of the parties concerned : provided that every commis- 
 
16 AETICLES OF CO^FEDEKATION. 
 
 sioner, before he sits in judgment, shall take an oath 
 to be administered by one of the judges of the supreme 
 or superior court of the state, where the cause shall be 
 tried, " well and truly to hear and determine the mat 
 ter in question, according to the best of his judgment, 
 without favour, affection or hope of reward :" provided 
 also that no state shall be deprived of territory for the 
 benefit of the united states. 
 
 All controversies concerning the private right of soil 
 claimed under different grants of two or more states, 
 whose jurisdictions as they may respect such lands, 
 and the states which passed such grants are adjusted, 
 the said grants or either of them being at the same time 
 claimed to have originated antecedent to such settle 
 ment of jurisdiction, shall on the petition of either 
 party to the congress of the united states, be finally 
 determined as near as may be in the same manner as is 
 before prescribed for deciding disputes respecting terri 
 torial jurisdiction between different states. 
 
 The united states in congress assembled shall also 
 have the sole and exclusive right and power of regula 
 ting the alloy and value of coin struck by their own 
 authority, or by that of the respective states fixing 
 the standard of weights and measures throughout the 
 United States regulating the trade and managing all 
 affairs with the Indians, not members of any of the 
 states, provided that the legislative right of any state 
 within its own limits be not infringed or violated estab 
 lishing or regulating post-offices from one state to 
 another, throughout all the united states, and exacting 
 such postage on the papers passing thro the same as 
 may be requisite to defray the expenses of the said 
 office appointing all officers of the land forces, in the 
 
ARTICLES OF CONFEDERATION. 17 
 
 service of the united states, excepting regimental 
 officers appointing all the officers of the naval forces, 
 and commissioning all officers whatever in the service 
 of the united states making rules for the government 
 and regulation of the said land and naval forces, and 
 directing their operations. 
 
 The united states in congress assembled shall have 
 authority to appoint a committee, to sit in the recess 
 of congress, to be denominated A Committee of the 
 States, and to consist of one delegate from each state ; 
 and to appoint such other committees and civil officers 
 as maybe necessary for managing the general affairs of 
 the united states under their direction to appoint one 
 of their number to preside, provided that no person be 
 allowed to serve in the office of president more than 
 one year in any term of three years ; to ascertain the 
 necessary sums of Money to be raised for the service 
 of the united states, and to appropriate and apply the 
 same for defraying the public expenses to borrow 
 money, or emit bills on the credit of the united states, 
 transmitting every half year to the respective states an 
 account of the sums of money so borrowed or emitted, 
 to build and equip a navy to agree upon the number 
 of land forces, and to make requisitions from each state 
 for its quota, in proportion to the number of white 
 inhabitants in such state ; which requisition shall be 
 binding, and thereupon the legislature of each state 
 shall appoint the regimental officers, raise the men and 
 cloath, arm and equip them in a soldier like manner, at 
 the expense of the united states ; and the officers and 
 men so cloathed, armed and equipped shall march to 
 the place appointed, and within the time agreed on by 
 the united states in congress assembled : But if the 
 
18 ARTICLES OP CONFEDERATION. 
 
 united states in congress assembled shall, on consi 
 deration of circumstances judge proper that any state 
 should not raise men, or should raise a smaller number 
 than its quota, and that any other state should raise a 
 greater number of men than the quota thereof, such 
 extra number shall be raised, officered, cloathed, armed 
 and equipped in the same manner as the quota of such 
 state, unless the legislature of such state shall judge 
 that such extra number cannot be safely spared out of 
 the same, in which case they shall raise, officer, cloath, 
 arm and equip as many of such extra number as they 
 judge can be safely spared. And the officers and men 
 so cloathed, armed and equipped, shall march to the 
 place appointed, and within the time agreed on by the 
 united states in congress assembled. 
 
 The united states in congress assembled shall never 
 engage in a war, nor grant letters of marque and repri 
 sal in time of peace, nor enter into any treaties or 
 alliances, nor coin money, nor regulate the value 
 thereof, nor ascertain the sums and expenses necessary 
 for the defence and welfare of the united states, or any 
 of them, nor emit bills, nor borrow money on the 
 credit of the united states, nor appropriate money, nor 
 agree upon the number of vessels of war, to be built 
 or purchased, or the number of land or sea forces to be 
 raised, nor appoint a commander in chief of the army 
 or navy, unless nine states assent to the same : nor shall 
 a question on any other point, except for adjourning 
 from day to day be determined, unless by the votes of 
 a majority of the united states in congress assembled. 
 
 The Congress of the united states shall have power 
 to adjourn to any time within the year, and to any 
 place within the united states, so that no period of 
 
AETICLES OF CONFEDERATION. 19 
 
 adjournment be for a longer duration than the space of 
 six months, and shall publish the Journal of their pro 
 ceedings monthly, except such parts thereof relating 
 to treaties, alliances or military operations, as in their 
 j udgment require secrecy ; and the yeas and nays of 
 the delegates of each state on any question shall be 
 entered on the Journal, when it is desired by any dele 
 gate ; and the delegates of a state, or any of them, at 
 his or their request shall be furnished with a transcript 
 of the said Journal, except such parts as are above 
 excepted, to lay before the legislatures of the several 
 states. 
 
 ARTICLE X. The committee of the states, or any 
 nine of them, shall be authorized to execute, in the 
 recess of congress, such of the powers of congress as 
 the united states in congress assembled, by the consent 
 of nine states, shall from time to time think expedient 
 to vest them with ; provided that no power be delegated 
 to the said committee, for the exercise of which, by the 
 articles of confederation, the voice of nine states in the 
 congress of the united states assembled is requisite. 
 
 ARTICLE XL Canada acceding to this confedera 
 tion, and joining in the measures of the united states, 
 shall be admitted into, and entitled to all the advantages 
 of this union : but no other colony shall be admitted 
 into the same, unless such admission be agreed to by 
 nine states. 
 
 ARTICLE XII. All bills of credit emitted, monies 
 borrowed and debts contracted by, or under the author 
 ity of congress, before the assembling of the united 
 states, in pursuance of the present confederation, shall 
 be deemed and considered as a charge against the united 
 
20 ARTICLES OF CONFEDEEATIOtf. 
 
 states, for payment and satisfaction whereof the said 
 united states, and the public faith are hereby solemnly 
 pledged. 
 
 ARTICLE XIII. Every state shall abide by the 
 determinations of the united states in congress assem 
 bled, on all questions which by this confederation is 
 submitted to them. And the Articles of this confedera 
 tion shall be inviolably observed by every state, and 
 the union shall be perpetual ; nor shall any alteration 
 at any time hereafter be made in any of them ; unless 
 such alteration be agreed to in a congress of the united 
 states, and be afterwards confirmed by the legislatures 
 of every state. 
 
 And Whereas it hath pleased the Great Governor of 
 the World to incline the hearts of the legislatures we 
 respectively represent in congress, to approve of, and 
 to authorize us to ratify the said articles of confedera 
 tion and perpetual union. Know Ye that we the under 
 signed delegates, by virtue of the power and authority 
 to us given for that purpose, do by these presents, in 
 the name and in behalf of our respective constituents, 
 fully and entirely ratify and confirm each and every of 
 the said articles of confederation and perpetual union, 
 and all and singular the matters and things therein con 
 tained : And we do further solemnly plight and engage 
 the faith of our respective constituents, that they shall 
 abide by the determinations of the united states in con 
 gress assembled, on all questions, which by the said 
 confederation are submitted to them. And that the 
 articles thereof shall be inviolably observed by the 
 states we respectively represent, and that the union 
 shall be perpetual. In witness whereof we have here 
 unto set our hands in Congress. Done at Philadelphia 
 
ARTICLES OF CONFEDERATION. 
 
 in the state of Pennsylvania the 9th Day of July in 
 the Year of our Lord, 1778, and in the 3d year of the 
 Independence of America. 
 
 Josiah Bartlett, 
 
 John Hancock, 
 Samuel Adams, 
 Elbridge Gerry, 
 
 William Ellery, 
 Henry Marchunt, 
 
 Roger Sherman, 
 Samuel Huntington, 
 Oliver Wolcott, 
 
 Ja?. Duane, 
 Fras Lewis, 
 
 Jn Witherspoon, 
 
 John Wentworth, jun. 
 August 8th, 1778, 
 
 Francis Dana, 
 James Lovell, 
 Samuel Holten, 
 
 John Collins, 
 
 Titus Hosmer, 
 Andrew Adam, 
 
 William Duer, 
 Gouv r Morris, 
 
 Nath 1 Scudder, 
 
 Rob f Morris, William Clingnn, 
 
 Daniel Roberdeau, Joseph Reed, 
 
 Jon a Bayard Smith, 22d July, 1778, 
 
 Tho. M Kean, Feb. 12, 1779, Nicholas Van Dyke, 
 John Dickinson, May 5, 1779, 
 
 John Hanson, Daniel Carroll, 
 
 March 1st, 1781, March 1st, 1781, 
 
 Richard Henry Lee, 
 John Banister, 
 Thomas Adams, 
 
 John Penn, 
 
 July 21st, 1778, 
 
 Henry Laurens, 
 William Henry Drnyton, 
 Jn Matthews, 
 Jn Walton, 
 
 24th July, 1778, 
 
 Jn Harvie, 
 
 Francis Lightfoot Lee, 
 
 Corns Harnett, 
 Jn Williams, 
 
 Richd Hutson, 
 Thos. Heyward, jun. 
 
 Ed wd Telfair, 
 Ed wd Lang worthy, 
 
 } On the part and behalf 
 v of the state of New 
 ) Hampshire. 
 
 On the part and behalf 
 of the state of Mas- 
 sachusettsvBay. 
 
 On the part and behalf 
 of the State of Rhode- 
 Island and Providence 
 Plantations. 
 
 On the part and behalf 
 of the state of Con 
 necticut. 
 
 On the part and behalf 
 of the state of New. 
 York. 
 
 On the part and behalf of 
 the state of New-Jer 
 sey, Nov. 26th, 1778. 
 
 On the part and behalf 
 of the state of Penn 
 sylvania. 
 
 On the part and behalf 
 of the state of Dela 
 ware. 
 
 On the part and behalf 
 of the state of Mary 
 land. 
 
 On the part and behalf 
 of the state of Vir 
 ginia. 
 
 On the part and behalf 
 of the state of North. 
 Carolina. 
 
 On the part and behalf 
 of the state of South- 
 Carolina. 
 
 On the part and behalf 
 of the state of Georgia 
 
CONSTITUTION 
 
 OF TUB 
 
 UNITED STATES OF AMERICA. 
 
 WE the People of the United States, in order to forir 
 a more perfect Union, establish Justice, insure domes 
 tic Tranquillity, provide for the common defence, 
 promote the general Welfare, and secure the Bles 
 sings of Liberty to ourselves and our Posterity, do 
 ordain and establish this CONSTITUTION for the United 
 States of America, 
 
 ARTICLE. I. 
 
 SECTION. 1. All legislative Powers herein granted 
 shall be vested in a Congress of the United States, 
 which shall consist of a Senate and House of Repre 
 sentatives. 
 
 SECTION. 2. The House of Representatives shall 
 be composed of Members chosen every second Year by 
 the People of the several States, and the Electors in each 
 State shall have the Qualifications requisite for Electors 
 of the most numerous Branch of the State Legislature. 
 
CONSTITUTION OF THE UNITED STATES. 23 
 
 3 No Person shall be a Representative who shall not 
 have attained to the Age of twenty five Years, and been 
 seven Years a Citizen of the United States, and who shall 
 not, when elected, be an Inhabitant of that State in ; 
 which he shall be chosen. 
 
 3 Representatives and direct Taxes shall be appor 
 tioned among the several States which may be included 
 within this Union, according to their respective Num 
 bers, which shall be determined by adcjjnp to thft 
 whole Number of free Persons, including those bound 
 fcTService for a Term of Years, and excluding Indians -^ 
 not taxed, three fifths of all other Perso ns.^Lh^ctuS[ 
 Enumeration shall be made within three Years after 
 the first Meeting of the Congress of the United States, 
 and within every subsequent Term of ten Years, in 
 such Manner as they shall by Law direct. The Num 
 ber of Representatives shall not exceed one for every 
 thirty Thousand, but each State shall have at Least 
 one Representative ; fliTJjTrtjl snnh pn n memtiori shall 
 be made, the State_pfNew Hampshire shall be entitled 
 to chuse^ three, Massachusetts eight, Rhode- Island and 
 
 Providence PI an ff> firms nnpj f!r>rm^otinnt fryp,, 
 
 York six, New Jersey four, Pennsylvania eight, 
 ~ware one, Maryland six, Virginia ten, North Carolin 
 
 , South 
 
 vacancies happen in the Representation from 
 any State, the Executive Authority thereof shall issue 
 Writs of Election to fill such Vacancies. 
 6 The House of Representatives shall chuse their 
 
24 CONSTITUTION OF THE UNITED STATES. 
 
 Speaker and other Officers ; and shall have the sole 
 Power of Impeachment. 
 
 SECTION. 3. ^The Senate of theJJnited States shall 
 be composed of two Senators from f>fl,o,h State, choaen. 
 by the Legislature thereof, for six Years ; and each 
 Senator~shall have one vote. 
 
 M 
 
 A (* 
 M * 
 
 5 Immediately after they shall "be assembled in Conse 
 quence of the first Election, they shall be divided as 
 equally as may be into three Classes. The Seats of the 
 Senators of the first Class shall be vacated at the Ex 
 piration of the second Year, of the second Class at the 
 Expiration of the fourth Year, and of the third class at 
 the Expiration of the sixth Year, so that one-third may 
 be chosen every second Year ; and if Yacancies happen 
 by Resignation, or otherwise, during the Eecess ofjhe 
 
 ature^oT any j?tate, the Egecutiye thereof may 
 make temporary Appointments until the next Meeting 
 of the Legislature, which shall then fill such Yacancies. 
 
 "No Person shall be a Senator who shall not have 
 attained to the Age of thirty Years, and been nine 
 Years a Citizen of the United States, and who shall 
 not, when elected, be an Inhabitant of that State for 
 which he shall be chosen. 
 
 4 The Yice President of the United States shall be 
 President of the Senate, but shall have no Vote, unless 
 they be equally divided. 
 
 6 The Senate shall chuse their other Officers, and also 
 a President pro tempore, in the Absence of the Yice 
 
CONSTITUTION OF THE UNITED STATES. 25 
 
 President, or when he shall exercise the Office of Pre 
 sident of the United States. 
 
 The Senate shall have the sole Power to try all 
 Impeachments. When sitting for that Purpose, they 
 shall "be on Oath or Affirmation. "When the President 
 of the United States is tried, the Chief Justice shall 
 preside : And no Person shall "be convicted without 
 the Concurrence of two thirds of the Members present. 
 
 Judgment in Cases of Impeachment shall not extend 
 further than to removal from Office, and Disqualifica 
 tion to hold and enjoy any Office of honour, Trust or 
 Profit under the United States : "but the Party con 
 victed shall nevertheless "be liable and subject to 
 Indictment, Trial, Judgment and Punishment, accord 
 ing to Law. 
 
 SECTION. 4. J The Times, Places and Manner of 
 holding Elections for Senators and Representatives, 
 shall be prescribed in each State by the Legislature 
 thereof ; but the Congress may at any time by Law 
 make or alter such Regulations, except as to the places 
 of chusing Senators. 
 
 3 The Congress shall assemble at least once in every 
 Year, and such Meeting shall be on the first Monday 
 in December, unless they shall by Law appoint a 
 different Day. 
 
 SECTION. 5. J Each House shall be the Judge of the 
 Elections, Returns and Qualifications of its own Mem 
 bers, and a Majority of each shall constitute a Quorum 
 
26 CONSTITUTION OF THE UNITED STATES. 
 
 to Business ; but a smaller Number may adjourn 
 from day to day, and may be authorized to compel the 
 Attendance of absent Members, in such Manner, and 
 under such Penalties as each House may provide. 
 
 3 Each House may determine the Rules of its Proceed 
 ings, punish its Members for disorderly Behaviour, 
 and, with the Concurrence of two thirds, expel a 
 Member. 
 
 8 Each House shall keep a Journal of its Proceedings, 
 and from time to time publish the same, excepting such 
 Parts as may in their Judgment require Secrecy ; and 
 the Yeas and Nays of the Members of either House on 
 any question shall, at the Desire of one fifth of those 
 Present, be entered on the Journal. 
 
 4 Neither House, during the Session of Congress, 
 shall, without the Consent of the other, adjourn for 
 more than three days, nor to any other Place than that 
 in which the two Houses shall be sitting. 
 
 SECTION. 6. ] The Senators and Representatives 
 shall receive a Compensation for their Services, to be 
 ascertained by Law, and paid out of the Treasury of 
 the United States. They shall in all Cases, except 
 Treason, Felony and Breach of the Peace, be privi 
 leged from Arrest during their Attendance at the Ses 
 sion of their respective Houses, and in going to and 
 returning from the same ; and for any Speech or 
 Debate in either House, they shall not be questioned 
 in any other Place. 
 
CONSTITUTION OF THE UNITED STATES. 27 
 
 Senator or Representative shall, during the 
 Time for which he was elected, be appointed to any 
 civil Office under the. Authority of the United States, 
 which shall have been created, or the Emoluments 
 whereof shall have been encreased during such time ; 
 and no Person holding any Office under the United 
 States, shall be a Member of either House during his 
 Continuance in Office. 
 
 SECTION. 7. All Bills for raising Revenue shall 
 originate in the House of Representatives ; but the 
 Senate may propose or concur with Amendments as on 
 other Bills. 
 
 2 Every Bill which shall have passed the House of 
 Representatives and the Senate, shall, before it become 
 a Law, be presented to the President of the United 
 States ; If he approve he shall sign it, but if not he 
 shall return it, with his Objections to that House in 
 which it shall have originated, who shall enter the Ob 
 jections at large on their Journal, and proceed to 
 reconsider it. If after such Reconsideration two thirds 
 of that House shall agree to pass the Bill, it shall be 
 sent, together with the Objections, to the other House, 
 by which it shall likewise be reconsidered, and if ap 
 proved by two thirds of that House, it shall become a 
 Law. But in all such Cases the Votes of both Houses 
 shall be determined by yeas and Nays, and the Names 
 of the Persons voting for and against the Bill shall be 
 entered on the Journal of each House respectively. If 
 
28 CONSTITUTION OF THE UNITED STATES. 
 
 any Bill shall not be returned by the President within 
 ten Days (Sundays excepted) after it shall have been 
 presented to him, the Same shall be a law, in like 
 Manner as if he had signed it, unless the Congress by 
 their Adjournment prevent its Return, in which Case 
 it shall not be a Law. 
 
 3 Every Order, Resolution, or Vote to which the Con 
 currence of the Senate and House of Representatives 
 may be necessary (except on a question of Adjourn 
 ment) shall be presented to the President of the United 
 States ; and before the Same shall take Effect, shall be 
 approved by him, or being disapproved by him, shall 
 be repassed by two thirds of the Senate and House of 
 Representatives, according to the Rules and Limita 
 tions prescribed in the Case of a Bill. 
 
 SECTION. 8. The Congress shall have Power 
 1 To lay and collect Taxes, Duties, Imposts and Ex 
 cises ; to pay the Debts and provide for the common 
 Defence and general Welfare of the United States ; but 
 all Duties, Imposts and Excises shall be uniform 
 throughout the United States ; 
 
 3 To borrow Money on the credit of the United 
 States ; 
 
 8 To regulate Commerce with foreign Nations, and 
 among the several States, and with the Indian Tribes ; 
 
 4 To establish an uniform Rule of Naturalization, and 
 uniform Laws on the subject of Bankruptcies through 
 out the United States ; 
 
 
CONSTITUTION OF THE UNITED STATES. 29 
 
 6 To coin Money, regulate the Yalue thereof, and of 
 foreign Coin, and fix the Standard of Weights and 
 Measures ; 
 
 6 To provide for the Punishment of counterfeiting the 
 Securities and current Coin of the United States ; 
 
 7 To establish Post Offices and post Roads ; 
 
 8 To promote the progress of Science and useful Arts, 
 "by securing for limited Times to Authors and Invent 
 ors the exclusive Right to their respective Writings 
 and Discoveries ; 
 
 To constitute Tribunals inferior to the supreme 
 Court ; 
 
 "To define and punish Piracies and Felonies com 
 mitted on the high Seas, and Offences against the Law 
 of Nations ; 
 
 11 To declare War, grant Letters of Marque and Re 
 prisal, and make Rules concerning Captures on Land 
 and Water ; 
 
 13 To raise and support Armies, but no Appropriation 
 of Money to that Use shall be for a longer Term than 
 two Years ; 
 
 13 To provide and maintain a Navy ; 
 
 14 To make Rules for the Government and Regulation 
 of the land and naval Forces ; 
 
 15 To provide for calling forth the Militia to execute 
 the Laws of the Union, suppress Insurrections and 
 repel Invasions ; 
 
 10 To provide for organizing, arming, and disciplining, 
 the Militia, and for governing such Part of them as may 
 
30 CONSTITUTION OF THE UNITED STATES. 
 
 be employed in the Service of the United States, reserv 
 ing to the States respectively, the Appointment of the 
 Officers, and the Authority of training the Militia accord 
 ing to the Discipline prescribed by Congress ; 
 
 17 To exercise exclusive Legislation in all Cases what 
 soever, over such District (not exceeding ten Miles 
 square) as may, by Cession of particular States, and 
 the Acceptance of Congress, become the Seat of the 
 Government of the United States, and to exercise like 
 Authority over all Places purchased by the Consent 
 of the Legislature of the State in which the Same shall 
 be, for the Erection of Forts, Magazines, Arsenals, 
 Dock- Yards, and other needful Buildings ; And 
 
 18 To make all Laws which shall be necessary and 
 proper for carrying into Execution the foregoing Powers, 
 and all other Powers vested by this Constitution in the 
 Government of the United States, or in any Department 
 or Officer thereof. 
 
 I 
 
 ION. 9. The Migration or Importation of such. 
 
 s as any of the States now existing shall think 
 proper to admit, shall not be prohibited by the Con 
 gress prior to the Year one thousand eight hundred 
 and eight, but a Tax or Duty may be imposed on such 
 Importation, not exceeding ten dollars for each Per 
 son. 
 
 2 The Privilege of the Writ of Habeas Corpus shall 
 not be suspended, unless when in Cases of Rebellion or 
 Invasion the public Safety may require it. 
 
CONSTITUTION" OF THE UNITED STATES. 31 
 
 9 No Bill of Attainder or ex post facto Law shall "be 
 passed. 
 
 * No Capitation, or other direct, Tax shall be laid, 
 unless in Proportion to the Census or Enumeration 
 herein before directed to be taken. 
 
 "No Tax or Duty shall be laid on Articles exported 
 from any State. 
 
 No Preference shall be given by any Regulation of 
 Commerce or Revenue to the Ports of one State over 
 those of another : nor shall Vessels bound to, or from, 
 one State, be obliged to enter, clear, or pay Duties in 
 another. 
 
 7 No Money shall be drawn from the Treasury, but 
 in Consequence of Appropriations made by Law ; and 
 a regular Statement and Account of the Receipts and 
 Expenditures of all public Money shall be published 
 from time to time. 
 
 8 No Title of Nobility shall be granted by the United 
 States : And no Person holding any Office of Profit or 
 Trust under them, shall, without the Consent of the 
 Congress, accept of any present, Emolument, Office, or 
 Title, of any kind whatever, from any King, Prince, or 
 foreign State. 
 
 SECTION. 10. l No State shall enter into any Treaty, 
 Alliance, or Confederation ; grant Letters of Marque 
 arid Reprisal ; coin Money ; emit Bills of Credit ; make 
 any Thing but gold and silver Coin a Tender in Pay 
 ment of Debts ; pass any Bill of Attainder, ex post 
 
32 CONSTITUTION OF TIIK UNITED STATES. 
 
 i acto Law, or Law impairing the Obligation of Con 
 tracts, or grant any Title of Nobility. 
 
 2 No State shall, without the consent of the Congress, 
 lay any Imposts or Duties on Imports or Exports, ex 
 cept what may be absolutely necessary for executing 
 it s inspection Laws : and the net Produce of all Duties 
 and Imposts, laid by any State on Imports or Exports, 
 shall be for the Use of the Treasury of the United 
 States ; and all such Laws shall be subject to the Revi 
 sion and Controul of the Congress. 
 
 8 No State shall, without the Consent of Congress, 
 lay any Duty of Tonnage, keep Troops, or Ships of 
 War in time of Peace, enter into any Agreement or 
 Compact with another State, or with a foreign Power, 
 or engage in War, unless actually invaded, or in such 
 imminent Danger as will not admit of Delay. 
 
 ARTICLE. II. 
 
 SECTION. 1. * The executive Power shall be vested 
 in a President of the United States of America. He 
 shall hold his Office during the Term of four Years, 
 and, together with the Yice President, chosen for the 
 same Term, be elected, as follows 
 
 ; 2 Each State shall appoint, in such Manner as the 
 Legislature thereof may direct, a Number of Elec- 
 ;ors, equal to the whole Number of Senators and 
 \ Representatives to which the State may be entitled 
 \4n the Congress: but no Senator or Representative, 
 
CONSTITUTION OF THE UNITED STATES. 33 
 
 or Person holding an Office of Trust or Profit under 
 the United States, shall be appointed an Elector. 
 
 The Electors shall meet in their respective States, 
 and vote "by Ballot for two Persons, of whom. one at 
 least shall not be an Inhabitant of the same State with 
 themselves. And they shall make a List of all the 
 Persons voted for, and of the Number of Votes for 
 each ; which List they shall sign and certify, and 
 transmit sealed to the Seat of the Government of the 
 United States, directed to the President of the Senate. 
 The President of the Senate shall, in the Presence of 
 the Senate and House of Representatives, open all the 
 Certificates, and the Votes shall then be counted. 
 The Person having the greatest Number of Votes 
 shall be the President, if such Number be a Major 
 ity of the whole Number of Electors appointed ; and 
 if there be more than one who have such Majority, 
 and have an equal Number of Votes, then the House 
 of Representatives shall immediately chuse by Ballot 
 one of them for President ; and if no Person have a 
 Majority, then from the five highest on the List the 
 said House shall in like Manner chuse the President. 
 But in chusing the President, the Votes shall be taken 
 by States, the Representation from each State having 
 one Vote ; A Quorum for this Purpose shall consist of 
 a Member or Members from twothirds of the States, 
 and a Majority of all the States shall be necessary to a 
 Choice. In every Case, after the Choice of the Presi 
 dent, the Person having the greatest Number of Votes 
 
34 CONSTITUTION OF THE UNITED STATES. 
 
 of the Electors shall be the Vice President. But if 
 there should remain two or more who have equal 
 Votes, the Senate shall clause from them by Ballot the 
 Vice President. 
 
 8 The Congress may determine the Time of chusing 
 the Electors, and the Day on which they shall give 
 their Votes ; which Day shall be the same throughout 
 the United States. 
 
 4 JSTo Person except a natural born Citizen, or a Citizen 
 of the United States, at the time of the Adoption of this 
 Constitution, shall be eligible to the Office of President ; 
 neither shall any Person be eligible to that Office who 
 shall not have attained to the Age of thirty five Years, 
 and been fourteen Years a Kesident within the United 
 States. 
 
 6 In Case of the Removal of the President from Office, 
 or of his Death, Resignation, or Inability to dis 
 charge the Powers and Duties of the said Office, the 
 same shall devolve on the Vice President, and the Con 
 gress may by Law provide for the Case of Removal, 
 Death, Resignation, or Inability, both of the President 
 and Vice President, declaring what Officer shall then 
 act as President, and such Officer shall act accordingly, 
 until the Disability be removed, or a President shall 
 be elected. 
 
 8 The President shall, at stated Times, receive for 
 his Services, a Compensation, which shall neither be 
 encreased nor diminished during the Period for which 
 he shall have been elected, and he shall not receive 
 
CONSTITUTION OF THE UNITED STATES. 35 
 
 within that Period any other Emolument from the 
 United States, or any of them. 
 
 7 Before he enter on the Execution of his Office, he 
 shall take the following Oath or Affirmation : 
 
 "I do solemnly swear (or affirm) that I will faithfully 
 " execute the Office of President of the United States, 
 "and will to the best of my Ability, preserve, pro- 
 " tect and defend the Constitution of the United States. 
 
 SECTION. 2. The President shall be Commander 
 in Chief of the Army and Navy of the United States, 
 and of the Militia of the several States, when called 
 into the actual Service of the United States ; he may 
 require the Opinion, in writing, of the principal 
 Officer in each of the executive Departments, upon 
 any Subject relating to the Duties of their respective 
 Offices, and he shall have Power to grant Reprieves 
 and Pardons for Offences against the United States, 
 except in Cases of Impeachment. 
 
 a He shall have Power, by and with the Advice and 
 Consent of the Senate, to make Treaties, provided two 
 thirds of the Senators present concur ; and he shall 
 nominate, and by and with the Advice and Consent of 
 the Senate, shall appoint Ambassadors, ^ther public 
 Ministers and Consuls, Judges of the supreme Court, 
 and all other Officers of the United States, whose 
 Appointments are not herein otherwise provided for, 
 and which shall be established by Law : but the Con 
 gress may by Law vest the Appointment of such infe- 
 
36 CONSTITUTION OF THE UNITED STATES. 
 
 rior Officers, as they think proper, in the President 
 alone, in the Courts of Law, or in the Heads of De 
 partments. 
 
 8 The President shall have Power to fill up all Va 
 cancies that may happen during the Recess of the 
 Senate, by granting Commissions which shall expire 
 at the End of their next Session. 
 
 SECTION. 3. He shall from time to time give to the 
 Congress Information of the State of the Union, and 
 recommend to their Consideration such Measures as he 
 shall judge necessary and expedient ; he may, on ex 
 traordinary Occasions, convene "both Houses, or either 
 of them, and in Case of Disagreement between them, 
 with Respect to the Time of Adjournment, he may 
 adjourn them to such Time as he shall think proper ; 
 lie shall receive Ambassadors and other public Minis 
 ters ; he shall take Care that the Laws be faithfully 
 executed, and shall Commission all the officers of the 
 United States. 
 
 SECTION. 4. The President, Vice President and all 
 civil Officers of the United States, shall be removed 
 from Office on Impeachment for, and Conviction of, 
 Treason, Bribery, or other high Crimes and Misde 
 meanors. 
 
 ARTICLE III. 
 
 SECTION. 1. The judicial Power of the United 
 States, shall be vested in one supreme Court, and in 
 
CONSTITUTION OF THE UNITED STATES. 37 
 
 such inferior Courts as the Congress may from time to 
 time ordain and establish. The Judges, both of the 
 supreme and inferior Courts, shall hold their Offices 
 during good Behavior, and shall, at stated Times, re 
 ceive for their Services, a Compensation, which shall 
 not be diminished during their Continuance in Office. 
 
 SECTION. 2. l The judicial Power shall extend to all 
 Cases, in Law and Equity, arising under this Constitu 
 tion, the Laws of the United States, and Treaties 
 made, or which shall be made, under their Authority ; 
 to all Cases affecting Ambassadors, other public 
 Ministers, and Consuls ; to all Cases of admiralty and 
 maritime Jurisdiction ; to Controversies to which the 
 United States shall be a Party ; to Controversies 
 between two or more States ; between a State and 
 Citizens of another State ; between Citizens of differ 
 ent States, between Citizens of the same State claiming 
 Lands under Grants of different States, and between a 
 State, or the Citizens thereof, and foreign States, Citi 
 zens or Subjects. 
 
 2 In all Cases affecting Ambassadors, other public 
 Ministers and Consuls, and those in which a State 
 shall be Party, the supreme Court shall have original 
 Jurisdiction. In all the other Cases before mentioned, 
 the supreme Court shall have appellate Jurisdiction, 
 both as to Law and Fact, with such Exceptions, and 
 under such Regulations as the Congress shall make. 
 
 3 The Trial of all Crimes, except in Cases of Impeach- 
 
38 CONSTITUTION OF THE UNITED STATES. 
 
 ment, shall be by Jury ; and such Trial shall be held 
 in the State where the said Crimes shall have been 
 committed ; but when not committed within any State, 
 the Trial shall be at such Place or Places as the Con 
 gress may by Law have directed. 
 
 SECTION. 3. l Treason against the United States, 
 shall consist only in levying War against them, or in 
 adhering to their Enemies, giving them Aid and Com 
 fort. No Person shall be convicted of Treason unless 
 on the Testimony of two Witnesses to the same overt 
 Act, or on Confession in open Court. 
 
 2 The Congress shall have Power to declare the 
 Punishment of Treason, but no Attainder of Treason 
 shall work Corruption of Blood, or Forfeiture except 
 during the Life of the Person attainted. 
 
 ARTICLE. IV. 
 
 SECTION. 1. Full Faith and Credit shall be given 
 in each State to the public Acts, Records, and judicial 
 Proceedings of every other State. And the Congress 
 may by general Laws prescribe the Manner in which 
 such Acts, Records and Proceedings shall be proved, 
 and the Effect thereof. 
 
 SECTION. 2. l The Citizens of each State shall be 
 entitled to all Privileges and Immunities of Citizens in 
 the several States. 
 
 *A Person charged in any State with Treason, 
 Felony, or other Crime, who shall flee from Justice, 
 
CONSTITUTION OF THE UNITED STATES. 39 
 
 and be found in another State, shall on Demand of the 
 executive Authority of the State from which he fled, 
 be delivered up, to be removed to the State having 
 Jurisdiction of the Crime. 
 
 3 No Person held to Service or Labour in one State, 
 under the Laws thereof, escaping into another, shall, 
 in Consequence of any Law or Regulation therein, be 
 discharged from such Service or Labour, but shall be 
 delivered up on Claim of the Party to whom such 
 Service or Labour may be due. 
 
 SECTION. 3. l New States may be admitted by the 
 Congress into this Union ; but no new State shall be 
 formed or erected within the Jurisdiction of any other 
 State ; nor any State be formed by the Junction of two 
 or more States, or Parts of States, without the Consent 
 of the Legislatures of the States concerned as well as 
 of the Congress. 
 
 3 The Congress shall have Power to dispose of and 
 make all needful Rules and Regulations respecting the 
 Territory or other Property belonging to the United 
 States ; and nothing in this Constitution shall be so 
 construed as to Prejudice any Claims of the United 
 States, or of any particular State. 
 
 SECTION. 4. The United States shall guarantee to 
 every State in this Union a Republican Form of 
 Government, and shall protect each of them against 
 Invasion, and on Application of the Legislature, or of 
 
40 CONSTITUTION OF THE UNITED STATES. 
 
 the Executive (when the Legislature cannot be con 
 vened) against domestic Violence. 
 
 ,~> 
 
 ARTICLE. Y. 
 
 The Congress, whenever two thirds of Iboth Houses 
 shall deem it necessary, shall propose Amendments to 
 this Constitution, or, on the Application of the Legisla 
 tures of two-thirds of the several States, shall call a 
 Convention for proposing Amendments, which, in either 
 Case, shall Ibe valid to all Intents and Purposes, as 
 Part of this Constitution, when ratified by the Legisla 
 tures of three fourths of the several States, or by Con 
 ventions in three fourths thereof, as the one or the 
 other Mode of Ratification may be proposed by the 
 Congress ; Provided that no Amendment which may 
 be made prior to the Year one thousand eight hundred 
 and eight shall in any Manner affect the first and fourth 
 Clauses in the Ninth Section of the first Article ; and 
 that no State, without its Consent, shall be deprived of 
 its equal Suffrage in the Senate. 
 
 ARTICLE. VI. 
 
 1 All Debts contracted and Engagements entered into, 
 before the Adoption of this Constitution, shall be as 
 valid against the United States under this Constitution, 
 as under the Confederation. 
 
 2 This Constitution, and the Laws of the United States 
 which shall be made in Pursuance thereof; and all 
 Treaties made, or which shall be made, under the 
 
CONSTITUTION OF THE UNITED STATES. 41 
 
 authority of the United States, shall be the supreme 
 Law of the Land ; and the Judges in every State shall 
 be bound thereby, any Thing in the Constitution or 
 Laws of any State to the Contrary notwithstanding. 
 
 3 The Senators and Representatives before mentioned, 
 and the Members of the several State Legislatures, and 
 all executive and judicial Officers, both of the United 
 States and of the several States, shall be bound by Oath 
 or Affirmation, to support this Constitution ; but no 
 religious Test shall ever be required as a Qualification 
 to any Office or public Trust under the United States. 
 
 ARTICLE. VII. 
 
 The Ratification of the Conventions of nine States, 
 shall be sufficient for the Establishment of this Consti 
 tution between the States so ratifying the Same. 
 DONE in Convention by the Unanimous Consent of 
 the States present the Seventeenth Day of Septem 
 ber in the Year of our Lord one thousand seven 
 hundred and Eighty seven and of the Indepen- 
 dance of the United States of America the Twelfth. 
 IN WITNESS whereof We have hereunto subscribed 
 
 our Names, 
 
 GEO WASHINGTON 
 
 Presidt and deputy from Virginia 
 
 NEW HAMPSHIRE. 
 
 JOHN LANGDON, NICHOLAS GILMAN. 
 
 MASSACHUSETTS. 
 
 NATHAXIEL GORIIAM, RUFUS KING. 
 
42 CONSTITUTION OF THE UNITED STATES. 
 
 CONNECTICUT. 
 
 WM. SAML. JOHNSON, ROGER SHERMAN. 
 
 NEW YORK. 
 
 ALEXANDER HAMILTON. 
 
 NEW JERSEY. 
 
 WIL : LIVINGSTON, DAVID BREARLET, 
 
 WM. PATERSON, JONA. DAYTON. 
 
 PENNSYLVANIA. 
 
 B. FRANKLIN, THOMAS MIFFLIN, 
 
 ROBT. MORRIS, GEO: CLYMER, 
 
 THO: FITZSIMONS, JARED INGERSOLL, 
 
 JAMES WILSON, Gouv : MORRIS. 
 
 .* 
 
 DELAWARE. 
 
 GEO : READ, GUNNING BEDFORD, Jun r, 
 
 JOHN DICKINSON, RICHARD BASSETT, 
 
 JACO: BROOM. 
 
 MARYLAND. 
 
 JAMES M HENRY DAN : OF ST. THOS. JENIFER, 
 
 DANL. CARROLL. 
 
 VIRGINIA. 
 JOHN BLAIR, JAMES MADISON, Jr., 
 
 NORTH CAROLINA. 
 
 WM. BLOUNT RICII D DOBBS SPAIGHT, 
 
 Hu. WILLIAMSON. 
 
 SOUTH CAROLINA. 
 
 J. RUTLEDGE, CHARLES COTESWORTH PINCKNEY, 
 
 CHARLES PINCKNEY, PIERCE BUTLER. 
 
CONSTITUTION OF THE UNITED STATES. 
 
 43 
 
 GEORGIA. 
 WILLIAM FEW, ABR. BALDWIN. 
 
 Attest : WILLIAM JACKSOIST, Secretary. 
 
 ARTICLES 
 
 IN ADDITION TO, AND AMENDMENT OF 
 
 THE CONSTITUTION 
 
 OP THE 
 
 UNITED STATES OF AMERICA, 
 
 Proposed by Congress, and ratified by tlie Legisla 
 tures of the several States, pursuant to the fifth 
 article of the original Constitution. 
 
 (ARTICLE 1.) 
 
 Congress shall make no law respecting an establish 
 ment of religion, or prohibiting the free exercise there 
 of; or abridging the freedom of speech, or of the 
 press ; or the right of the people peaceably to assem 
 ble, and to petition the Government for a redress of 
 grievances. 
 
 (ARTICLE 2.) 
 
 A well regulated Militia, being necessary to the se 
 curity of a free State, the right of the people to keep 
 and bear Arms, shall not be infringed. 
 
44 CONSTITUTION OF THE UNITED STATES. 
 
 (ARTICLE III.) 
 
 No Soldier shall, in time of peace be quartered in 
 any house, without the consent of the Owner, nor in 
 time of war, "but in a manner to be prescribed by law. 
 
 (ARTICLE IV.) 
 
 The right of the people to be secure in their per- v 
 sons, houses, papers, and effects, against unreasonable 
 searches and seizures, shall not be violated, and no 
 Warrants shall issue, but upon probable cause, sup 
 ported by Oath or affirmation, and particularly de 
 scribing the place to be searched, and the persons or 
 things to be seized. 
 
 (ARTICLE V.) 
 
 ~No person shall be held to answer for a capital, or 
 otherwise infamous crime, unless on a presentment or 
 indictment of a Grand Jury, except in cases arising in 
 the land or naval forces, or in the Militia, when in 
 actual service in time of War or public danger ; nor 
 shall any person be subject for the same offence to be 
 twice put in jeopardy of life or limb ; nor shall be 
 compelled in any Criminal Case to be a witness against 
 himself, nor be deprived of life, liberty, or property, 
 without due process of law ; nor shall private property 
 be taken for public use, without just compensation, 
 
 (ARTICLE VI.) 
 In all criminal prosecutions, the accused shall enjoy 
 
CONSTITUTION OF THE UNITED STATES. 4 
 
 the right to a speedy and public trial, by an impartial 
 jury of the State and district wherein the crime shall 
 have been committed, which district shall have been 
 previously ascertained by law, and to be informed of 
 the nature and cause of the accusation ; to be con 
 fronted with the witnesses against him ; to have Com 
 pulsory process for obtaining Witnesses in his favour, 
 and to have the Assistance of Counsel for his defence. 
 
 (ARTICLE VII.) 
 
 In Suits at common law, where the value in contro 
 versy shall exceed twenty dollars, the right of trial 
 by jury shall be preserved, and no fact tried by a jury 
 shall be otherwise re-examined in any Court of the 
 United States, than according to the rules of the com 
 mon law. 
 
 (ARTICLE VIII.) 
 
 Excessive bail shall not be required, nor excessive 
 fines imposed, nor cruel and unusual punishments in 
 flicted. 
 
 (ARTICLE IX.) 
 
 The enumeration in the Constitution, of certain rights, 
 shall not be construed to deny or disparage others 
 retained by the people. 
 
 (ARTICLE X.) 
 The powers not delegated to the United States by the 
 
46 CONSTITUTION OF THE UNITED STATES. 
 
 Constitution, nor prohibited by it to the States, are 
 reserved to the States respectively, or to the people. 
 
 ARTICLE XL 
 
 The Judicial power of the United States shall not 
 be construed to extend to any suit in law or equity, 
 commenced or prosecuted against one of the United 
 States by Citizens of another State, or by Citizens or 
 Subjects of any Foreign State. 
 
 ARTICLE XII. 
 
 1 The Electors shall meet in their respective states, and 
 vote by ballot for President and Vice President, one of 
 whom, at least, shall not be an inhabitant of the same 
 state with themselves ; they shall name in their ballots 
 the person voted for as President, and in distinct ballots 
 the person voted for as Vice-President, and they shall 
 make distinct lists of all persons voted for as President, 
 and of all persons voted for as Vice-President, and of the 
 number of votes for each, which lists they shall sign 
 and certify, and transmit sealed to the seat of the gov 
 ernment of the United States, directed to the President 
 of the Senate ; The President of the Senate shall, in 
 presence of the Senate and House of Representatives, 
 open all the certificates and the votes shall then be 
 counted ; The person having the greatest number of 
 votes for President, shall be the President, if such 
 number be a majority of the whole number of Electors 
 appointed ; and if no person have such majority, then 
 from the persons having the highest numbers not ex- 
 
CONSTITUTION OF THE UNITED STATES. 47 
 
 ceeding three on the list of those voted for as President, 
 the House of Representatives shall choose immediately, 
 by ballot, the President. But in choosing the Presi 
 dent, the votes shall be taken by states, the representa 
 tion from each state having one vote ; a quorum for 
 this purpose shall consist of a member or members 
 from two- thirds of the states, and a majority of all the 
 states shall be necessary to a choice. And if the House 
 of Representatives shall not choose a President when 
 ever the right of choice shall devolve upon them, before 
 the fourth day of March next following, then the Vice- 
 President shall act as President, as in the case of the 
 death or other constitutional disability of the Presi 
 dent. * The person having the greatest number of votes 
 as Y ice-President, shall be the Vice-President, if such 
 number be a majority of the whole number of Electors 
 appointed, and if no person have a majority, then from 
 the two highest numbers on the list, the Senate shall 
 choose the Vice-President ; a quorum for the purpose 
 shall consist of two-thirds of the whole number of 
 Senators, and a majority of the whole number shall be 
 necessary to a choice. 3 But no person constitutionally 
 ineligible to the office of President shall be eligible to 
 that of Vice-President of the United States. 
 
 NOTE. 1. The Editor has availed himself of the foregoing copies of the 
 original Constitution and Amendments found in the valuable work of Mr. W. 
 Ilickey, who obtained the certilicate of the Secretary of State that they were 
 "correct, in text, letter, and punctuation," except as to "the small figures 
 designating the clauses," called by printers "superior figures," which wore 
 "added merely for convenience of reference." The certificate is by JAMES 
 BUCHANAN, Secretary of State, and dated July 20th, 1846. 
 
48 CONSTITUTION OF THE UNITED STATES. 
 AMENDMENT OF IST FEBKUARY, 1865. 
 ARTICLE XIII. 
 
 1. Neither slavery nor involuntary servitude, except 
 as a punishment for crime, whereof the party shall have 
 "been duly convicted, shall exist within the United 
 States, or any place subject to their jurisdiction. 
 
 2. Congress shall have power to enforce this article 
 "by appropriate legislation. 
 
 AETICLE XIY. 
 
 [Not yet ratified ~by twenty-sewn States. ] 
 
 SECTION 1. All persons "born or naturalized in the 
 United States, and subject to the jurisdiction thereof, 
 are citizens of the United States and of the State wherein 
 they reside. No State shall make or enforce any law 
 which shall abridge the privileges or immunities of citi 
 zens of the United States ; nor shall any State deprive 
 any person of life, liberty, or property, without due 
 process of law, nor deny to any person within its juris 
 diction the equal protection of the laws. 
 
 SECTION 2. Representatives shall be apportioned 
 among the several States according to their respective 
 numbers, counting the whole number of persons in 
 each State, excluding Indians not taxed. But when 
 the right to vote at any election for the choice of elect 
 ors for President and Yice-President of the United States, 
 Representatives in Congress, the executive and judicial 
 
CONSTITUTION OF THE UNITED STATES. 49 
 
 officers of a State, or the members of the legislature 
 thereof, is denied to any of the male inhabitants of such 
 State, being twenty-one years of age, and citizens of the 
 United States, or in any way abridged, except for par 
 ticipation in rebellion or other crime, the basis of rep 
 resentation therein shall be reduced in the proportion 
 which the number of such male citizens shall bear to 
 the whole number of male citizens twenty-one years of 
 age in such State. 
 
 SECTION. 3. No person shall be a senator or repre 
 sentative in Congress, or elector of President and 
 Vice-President, or hold any office, civil or military, 
 under the United States, or under any State, who, hav 
 ing previously taken an oath, as a member of Congress, 
 or as an offier of the United States, or as a member of 
 any State legislature, or as an executive or judicial 
 officer of any State, to support the Constitution of the 
 United States, shall have engaged in insurrection or 
 rebellion against the same, or given aid or comfort to 
 the enemies thereof. But Congress may, by a vote of 
 two-thirds of each house, remove such disability. 
 
 SECTION 4. The validity of the public debt of the 
 United States, authorized by law, including debts 
 incurred for payment of pensions and bounties for 
 services in suppressing insurrection or rebellion, shall 
 not be questioned. But neither the United States nor 
 any State shall assume or pay any debt or obligation 
 incurred in aid of insurrection or rebellion against the 
 
50 CONSTITUTION OF THE UNITED STATES. 
 
 United States, or any claim for the loss or emancipa 
 tion of any slave ; but all such debts, obligations, and 
 claims shall be held illegal and void. 
 
 SECTION 5. The Congress shall have power to en 
 force, by appropriate legislation, the provisions of this 
 article. 
 
 ARTICLE XV. 
 
 Section I. Tiie right of citizens 01 
 United States to vote shall not be denied 
 abridged by the United States, or by any 
 on account of race, color, or previous cond 
 tion of servitude. 
 
 Section 2. The Congress shall have f 
 to enforce tnis article by appropriate le 
 lation* 
 
DIRECTIONS FOR READING THE ANNOTATED 
 CONSTITUTION. 
 
 1. Every noun will be found in the index, with reference to 
 article, section, clause, and pages where found. 
 
 2. The text is in "long primer," or the larger type, and 
 the notes in " brevier," or the smaller type. 
 
 3. The notes are numbered consecutively, and they stand 
 between the texts in the order of the words and phrases 
 defined and expounded. 
 
 4. The marginal numbers refer to other notes having 
 relation to the same subjects-matter. 
 
 5. The abbreviations of authorities will be found after the. 
 " Table of Cpntents." 
 
 6. The citations in (parenthesis) show that they have been 
 quoted in the case, or by the author to whom they are 
 credited. 
 
 1. The definitions are all upon the highest authorities, 
 and are usually the first remark in the note. 
 
 8. The interrogations (?) in the margin are for the use ot 
 teachers. 
 
 9. The figures in [17.] are not in the Constitution as filed in 
 the State Department, but are inserted for convenience, 
 because the general mode of printing the Constitution is 
 with these enumerations. 
 
62 THE CONSTITUTION DEFINED, 2, 3, 
 
 THE CONSTITUTION 
 
 OF THE 
 
 UNITED STATES OF AMERICA. 
 
 What is the 2. Let it be remembered : 1. That it is a government; 2. That 
 Constitution it i s the supreme law of the land. Farrar s Const. 1-4. And 
 to y t8 1S ~ the la\vs of the Union can be enforced by its own authority, on all 
 persons and subjects-matter, over which jurisdiction was granted 
 to any department or officer of the Government of the United 
 States. Rhode Island v. Massachusetts, 12 Pet. G57, 729. It is 
 not a league, but a government. Gibbons v. Ogden, 9 Wheat. 187. 
 For a history of the thirteen colonies, until the formation of the 
 Constitution of the United States, see Story s Commentaries on the 
 Constitution, vol. 1; Johnson v. Mclntnsh, 8 "VVh. 543-573; Curtis s 
 Hist, of the Const, chap. 1, Book 1, . 1-197 ; 1 Kent s Com. llth 
 Ed., sec. 10 and notes. See Stearns v. United States, 2 Paine, 
 300. 
 
 Went into 3. This Constitution went into operation on the first Wednesday 
 operation (4th day) of March, 1789. Owings v. Speed, 5 Wheat. 420; 1 
 whon? Kent s Com. 219. 
 
 Did it create 4. The new government was not a mere change in dynasty, as in 
 
 a new jrov- a form of government, leaving the nation or sovereignty the same, 
 
 eminent? aT]d c } ot j )e( i w j t h a |i the rights, and bound by all the obligations of 
 
 the preceding one ; but it was a new political body, a new nation, 
 
 then, for the first time, taking its place in the family of nations. 
 
 Scott v. Sandford, 19 How. 397. 
 
 Mutations? According to Mr. Duane, the Constitution of the United States 
 has passed through three forms: 1. The revolutionary; 2. Tho 
 confederate ; 3. The constitutional ; and the first and the third pro 
 ceeded equally from the people in their original capacity. 1 Kent s 
 Com., llth Ed., 212, note a. 
 
 Was it a The Constitution is not a mere compact among the States ; but it 
 
 mere [ s a government agreed to by the people of the United States. 
 
 compaot? j g tory > s <j oustij 3d edition, 344-365. and notes; 3 Elliot s De- 
 
5. 53 
 
 bates, 286, 287, 283, and notes; Webster s Speeches, 410 ; Farrar s 6 
 Const. 5-38. And whether it be formed by compact between the 
 States, or iu any other manner, its character is the same. President 
 Jackson s Proclamation, 10th Dec. 1833; Story s Const., 3d Ed., 
 p. 727. When adopted it was of complete obligation, and bound Its obliga- 
 the State sovereignties. McCulloch v. Maryland, 4 Wh. 404; tiou? 
 Chisholm v. Georgia, 2 Ball. 471 ; Cohens v. Virginia, 6 Wh. 414; 
 Metropolitan Bank v. Van Dyck, 27 N. Y. Kep. 409. For a clear 2 
 exposition of the government, see Scott v. Sandford, 19 How. 396 ; 
 Able man v. Booth, 21 How. 506. 
 
 WE, THE PEOPLE OF THE UNITED STATES, in order to Preamble. 
 form a more perfect union, establish justice, insure 
 domestic tranquillity, provide for the common defense, 5-13. 
 promote the general welfare, and secure the blessings 
 of liberty to ourselves and our posterity, do ordain 
 and establish this Constitution for the United States 
 of America. 
 
 5. The preamble in the Constitution is constantly referred to by "What is the 
 statesmen and jurists, to aid them in the exposition of its pro- use of , th( ; 
 visions. Chisholm v. Georgia, 2 Dail. 475 ; Brown v. Maryland, pre{ 
 12 Wh. 455-6 ; 1 Story s Const, chap. 4, 5, et seq. It is the es 
 sence and epitome of the whole instrument by which the govern 
 ment is ordained and created, and its purposes, authority, and 
 duty established. Farrar s Const. 5. 
 
 It, was one of the last clauses incorporated in the Constitution. Its history ? 
 Farrar, 6. It was adopted after various other forms had been 
 proposed and rejected. Farrar, 6-12; 2 Curtis s Hist, of the Con 
 stitution, chap. xii. 372-376. 
 
 (1.) To form a more perfect union; (2.) to establish justice ; What are its 
 (3.) to insure domestic tranquillity; (4.) to provide for the com- divisions? 
 mon defense; (5.) to promote the general welfare; (6.) to secure 
 the blessings of liberty to themselves and posterity. (Chisholm 
 v. Georgia, 2 Dallas, 419; 2 Cond. 635, 671.) Story s Const. 463 ; 
 Farrar, 15-17. 
 
 The differences of opinion of the Southern States Rights or Cal- How dif- 
 houn school, as they have been called, may be seen in the pre- rred the 
 amble to the Constitution formed at Montgomery, Alabama, in school 6 ?" 
 March, 1861. 
 
 " We, the people of the Confederate States, each State acting in The Gonfed- 
 its sovereign and independent character, in order to form a federal erate States? 
 government, establish justice, insure domestic tranquillity, and se 
 cure the blessings of liberty to ourselves and our posterity looking 
 to the favor and guidance of Almighty God do ordain and esta 
 blish this Constitution for the Confederate States of America." It 
 will thus be seen that a " Federal Government " was substituted 
 for a " more perfect union," which may be no great difference, as 
 "government" carries the idea of perpetuity; for although "each 
 
54 
 
 WE THE PEOPLE, 6. 
 
 [Preamble 
 
 State acted in its sovereign capacity," the instrument was sub 
 mitted to conventions of the people for ratification. This was the 
 South Carolina form, offered by Mr. Rutledge in the Federal Con 
 vention. Farrar, 8. It was at first so adopted, but afterwards 
 changed. 2 Curtis, 373. The fourth and fifth objects, "general 
 79, 80. welfare and common defense," were also omitted, although the 
 latter was retained in the first clause of section viii. of art. i., and 
 all the war-powers were retained. Paschal s Annotated Digest, 
 pp. 86, 88, notes 216, 217. 
 
 The parenthetical " looking to the favor of Almighty God " 
 however piously uttered, met no response from the true Preserver 
 of liberty. The actions of the Secessionists, more than any decla 
 ration in their Constitution, showed their belief in the right of each 
 State to retire from the Union. 
 
 By whom 
 ordained 
 and estab 
 lished ? 
 
 6. "WE THE PEOPLE." The Constitution was ordained and 
 established, not by the States in their sovereign capacities, but, 
 emphatically, by the people of the United States. Martin v. Hun 
 ter s Lessee, 1 Wh. 324 ; Banks v. Greenleaf, 6 Call, 277. It required 
 not the affirmance of, nor could it be negatived by, the State 
 governments. McCulloch v. Maryland, 4 Wheat. 316, 404, 405. 
 Cohens v. Virginia, 6 Wheat. 264, 413, 414; 1 Kent s Com., Lect. 
 10, p. 217; Farrar s Const. 1-60; Rhode Island v. Massachu 
 setts, 12 Wheat. 657, 720. The true doctrine would seem to be, that 
 the Constitution was adopted by the people of the several States, 
 which had been previously confederated under the name of the Uni 
 ted States, acting through the delegates by whom they were respec 
 tively represented in the convention which formed the Constitution. 
 Baldwin s Constitutional Views, 29-42. And see Worcester v. 
 Georgia, 6 Pet. 569, where it is said by Mr. Justice McLean to have 
 been formed " by a combined power exercised by the people through 
 their delegates, limited in their sanctions to the respective States." 
 And see Farrar, 1-60. See Barron v. Mayor of Baltimore, 1 Pet. 
 243. 
 
 The Constitution resulted neither from the decision of a majority 
 
 majorities? of the p eO pi e o f the Union, nor from that of a majority of the 
 States. 1 Story s Const, 360; Ware v. Hylton, 3 Dallas, 199; 
 Chisholm v. Georgia, 3 Dall. 419; 2 Cond. 668, 671; 2 Elliot s 
 Debates, 47 ; The Federalist, Nos. 22, 33, 39. 
 
 What menns The words, " WE THE PEOPLE OF THE UNITED STATES " and 
 
 " we the i>eo- u CITIZENg >> are synonymous terms, and mean the same thing. 
 Scott v. Sanford, 19 How. 404. They are "the people of the 
 
 16,17, 24, 46, several States;" "citizens of the United States;" "citizens of 
 each State;" "numbers," "free persons," and "other persons." 
 Farrar, 30-38. 
 
 The language is, "WE THE PEOPLE," instead of "We the 
 States." Patrick Henry, 2 Elliot s Debates, 47; and see 1 Elliot s 
 Debates, 91, 92, 110 ; 1 Story s Const. 348, note 1 of 3d ed. 
 
 And for a full exposition of the action of the people, see Story s 
 Const., 362-365, note 4 of 3d edition; 1 Webster s Speeches, 
 1830, p. 431; 4 Elliot s Debates, 326; Ma-iison s Letter in the 
 North American Review, October, 1830, p. 537, 53 S. For the 
 
 Was it by 
 
 169, 220. 
 
Preamble.] A PERFECT UNION-JUSTICE, 7, 8. 55 
 
 forms of ratification by the State Conventions, see Rickey s Const, 
 chap. 2, pp. 129-192. 
 
 Negroes, whether slaves or free, were not included in the terms "Were the 
 " people," or " citizens of the United States." Scott v. Sandford, Negroes 
 19 How. 404-5. The case of Legrand v. Darnell, 2 Pet. 664, P e P le ? 
 does not conflict with this view. Id. 423-4. But the States may 220 
 confer all the rights of citizenship upon an alien, or any other per 
 son, so far as that State is concerned ; this, however, does not 
 make him a citizen of the United States. Id. 405-406. 
 
 But a man is not incapacitated to be a citizen of the United Can the 
 States by the sole fact that he is colored or of African descent, and States confer 
 not a white man. Opinion of Attorney-General Bates, of 29th 
 Nov., 1862, in which the whole subject of citizenship is discussed. 220 
 
 There is no authoritative definition of the phrase " citizen of the 
 United States." Id. 
 
 But the question was put to rest by the Civil Rights Bill, in the Declared 
 following words : ^ tiz f;? 8 ., by 
 
 " Be it enacted, &c., That all persons born in the United States, KighteBill ? 
 and not subject to any foreign power, excluding Indians not taxed, 
 are hereby declared to be citizens of the United States." 14 St. 275 
 p. 27, 1 ; Paschal s Annotated Digest, Art. 5382. 
 
 There can be no doubt of the power of Congress to pass this act. 
 Smith v. Moody, 26 Ind. 307. 
 
 7. " IN ORDER TO FORM A MORE PERFECT UNION." That it should How a more 
 not, like the Confederation, be a mere treaty, operating by requisi- 
 tions on the States ; and that the people, for whose benefit it was 
 framed, ought to have the sole and exclusive right to ratify, amend, 
 and control its provisions. (2 Elliot s Debates, (Virginia) 47, 61, 
 131, 57, 97, 98 ; 3 Id. (North Carolina,) 134, 145 ; 1 Id. (Masachusetts,) 
 72, 110.) 1 Story s Const. 464, 469-480, and notes to third edi 
 tion; Federalist, Nos. 13, 14, 51. 
 
 The Government which preceded were " Articles of Confede- How was 
 ration and Perpetual Union between the States." Ante, p. 9 ; the Union 
 Story s Const. 229; Public Journals of Cong., by Way and ^fect? 01 * 
 Gideon, vol. i. ; 1 Bioren and Duane, Laws of U. S. 6 ; Hickey s 
 Const. 483. 
 
 It was intended to make the Union stronger, by giving it a well- 14, 165, 195. 
 balanced representative Legislature, an Executive, and a Judiciary, 
 with guaranties for the enforcement of law ; these provisions car 
 ried along the idea of a "more perfect" and "perpetual union." 
 See 2 Curtis s History of the Constitution. 
 
 . To ESTABLISH JUSTICE. Justice is the constant and ardent What la 
 desire to render to every one that which is his own. Justin- justice ? 
 ian; Burrill s Law Die., JUSTICE. It was probably used here in 
 reference to the judicial power, as there was neither executive 
 nor judiciary under the Articles of Confederation. ED. Justice 
 is law. 9 Op. 481 (Black). The objects to be attained may be ? 
 found in the jurisdiction given in the judicial power, and in the riow 
 extradition obligations, as well as in the general powers of legis- attained? 
 
56 TRANQUILLITY LIBERTY, 9-12. [Preamble. 
 
 196, 198, 210, lation on specified subjects, and the inhibitions upon the States. 
 224, 2-25. Story s Const. 482-489 ; 2 Kent s Com. 333-4. 
 
 How Insure 9. To INSURE DOMESTIC TRANQUILLITY. This, doubtless, means 
 domestic peace among; and between the States. And it was sought to be 
 tranquillity? attained by the equality of representation, actual and proportionate ; 
 the power to regulate commerce among the States ; the inhibitions 
 upon them ; the jurisdiction of the Supreme Court over controver- 
 21, 89, 161, sies between them; the guaranties of the rights of the citizens in 
 162, 220, 223, eac h . the rendition of criminals and persons held to service ; the 
 guaranties of republican forms of government, and against domes 
 tic strife ; and the national power of legislating over all irritating 
 subjects. See Story s Const. 490-494 ; the Federalist, Nos. 9, 
 10, 41. 
 
 What is the 1O. To PROVIDE FOR THE COMMON DEFENSE. This means the 
 
 common defense of the nation against all enemies, foreign and domestic. 
 
 e ense rpj ie euc j was intended to be attained by giving the power to 
 
 attained? Congress to declare war ; to provide for armies and navies- grant 
 
 letters of marque and reprisal ; forts and arsenals ; for arming and 
 
 disciplining the militia; making treaties the supreme law; making 
 
 117, 123, 130, the President the commander-in-chief of the army and navy, and 
 
 175, 238, 240. o f the militia when in actual service. Federalist, Nos. 24, 25, 41; 
 
 Ex parte Coupland, 26 Tex. 386 ; Paschal s Annotated Digest, notes 
 
 218, p. 88-90; Story s Const. 494, 495; Farrar, 95. 
 
 What is the 11. To PROMOTE THE GENERAL WELFARE. This, doubtless, 
 
 general wel- means the general and equal advantages to all the people and the 
 
 States, arising from the grants of power contained in the Consti- 
 
 79, 80. tution, as well as the inhibitions upon Congress and the States, and 
 
 the guaranties in the Constitution. 
 
 Without claiming this as a warrant for the exercise of doubtful 
 
 87, 110, 220, implied powers, we may point to the regulation of commerce ; the 
 
 a2I coining of money; post-offices and post-roads ; the acquisition and 
 
 extent of territory ; the patents and copy-rights, and the general 
 
 protection of the citizen everywhere, as vast blessings, the true 
 
 value of which no one can comprehend. ED. See Story s Const. 
 
 497-50G. 
 
 The words " common defense and general welfare " were not in 
 serted until 4th Sept., 1787. " Safety" seems to be the first object. 
 8, 4. (Jay> Federalist, Nos. 3, 4), Farrar, 101. The same words occur in 
 
 80. the first clause of section 7. See criticisms upon them. Id. 
 
 12. TO SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND 
 
 OUR POSTERITY. 
 
 What is Civil liberty means the natural liberty of every one to pursue 
 
 liberty? his own happiness, except so far as he is restrained by the laws of 
 
 the land. Burrill s Law Dictionary, CIVIL LIBERTY; Co. Litt. 116, 
 
 b; 1 Bl. Com. 125 ; note 5; 2 Kent s Com. 26. 
 
 This was doubtless the liberty intended to be secured and trans- 
 How rnitted to posterity in perpetuity. The object has been sought to 
 attained? be more permanently secured by the amendments incorporating 
 
Preamble.] THE UNITED STATES, 13. 57 
 
 the great principles of Magna Oharta ; the reservation of powers 
 to the States; the destruction of negro slavery, which became 
 dangerous to liberty, and the guaranties to the citizen in all the 246. 
 Amendments. Story s Const. 17, 507-517; 1 Elliot s Debates, 245 2T5 
 278, 296, 297, 332 ; 2 Id., 47, 96, 136; 3 Id., 243, 257, 294. The 
 Federalist, everywhere. See Farrar, 34, 104-122. 
 
 13. "Or THE UNITED STATES OF AMERICA." Mr. Calhoun, in his What is 
 essay on Government and in his speeches, contended, that this ^g lll ?j n ^ e( j 
 meant "States united" that is. a league or compact and not a states of 6 
 government. But the true definition doubtless is, the union of America? 
 States under all the restrictions contained in the Constitution. " The 
 Government of the United States." Cohens v. Virginia, 6 Wheat. 2, 4, 6. 
 264. The United States is a government, and consequently a body 
 politic and corporate, capable of attaining the objects for which it Is it a corpo- 
 was created, by the means which are necessary for their attain- ration ? 
 ment. United States v. Maurice, 2 Brock. 109. And, to the ex- 2 > 4 . 13S - 
 tent of its limited powers, it is supreme. See the Dred Scott de 
 cision, and Abelman v. Booth. Through the instrumentality of the 
 proper department to which the delegated powers are confided, it 2 i * 
 may enter into contracts not prohibited by law, and appropriate 
 to the just exercise of those powers. United States v. Tingey, 5 
 Pet. 128. As a corporation, it has capacity to sue by its corporate 
 title. Dixon v. United States, 1 Brock. 177; Dugan v. United 
 States, 3 Wh. 181. It may compromise a suit, and receive real Can it com- 
 and other property in discharge of the debt, in trust, and sell the P! 80 
 same. United States v. Lane s Administrators, 3 McLean, 365 ; bu 
 Neilson v. Lngovv, 12 How. 107-8. The above decisions quoted 
 and approved. Dikes v. Miller, 25 Tex. (I860:) and held, that, 
 upon the same principle, the owner of land may file a release 
 in the general land-office, and divest himself of the right to 
 yecover. Id. ; Paschal s Annotated Digest, note 4. Absolute What was 
 sovereignty, and complete supremacy in the exercise of all govern- intended? 
 mental powers confided to the National Government, were in 
 tended to be secured; and it is believed that such intention was 
 accomplished. Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 407. 
 The powers of the General Government and of the States, al- Distinguish 
 though both exist, and are exercised within the same territorial the P owers ? 
 limits, are yet separate and distinct sovereignties, acting separately 
 and independently of each other within their respective spheres. 71. 
 And the sphere of action appropriated to the United States is as 
 far beyond judicial process issued by a State Judge or a State 138. 
 Court, as if the line of division were traced by landmarks and monu 
 ments visible to the naked eye. (Ableman v. Booth, 21 How. 506, 
 516); Metropolitan Bank v. Dan Dyck, 27 N. Y. R. 411. See 
 also Story s Const. 413; The People v. New York Central Rail 
 road Company, 24 N. Y. 485, 486 ; Newell v. the People, 3 Seld. 
 93; Gibons v. Ogden, 9 Wheat. 188; Martin v. Hunter, 1 Wheat. 
 304, 326, 327 ; McCulloch v. Maryland, 4 Wheat. 416, for the rules 
 of interpretation as to the powers hereinafter granted. 
 3* 
 
58 LEGISLATIVE POWER, 14, 15, 16. [Art. I., Sec. 1,.2., 
 
 ARTICLE I. 
 
 where is the SEC. I. All legislative powers herein granted, shall 
 poScrf ** be vested in a Congress of the United States, which 
 shall consist of a senate and house of representa 
 tives. 
 
 What is 14. LEGISLATIVE POWER is the law-making power or supreme 
 
 legislative power, wherein, according to Blackstone, resides the sovereignty, 
 power? or a j. i eas t h e exercise of sovereignty, of the State. 1 131. Com. 
 49. 
 
 Why a 15. CONGRESS. An assembly of persons ; an assembly of en- 
 
 Congress? voys, commissioners, or deputies. An assembly of represen 
 tatives from different governments to concert measures for their 
 common good, or to adjust their mutual concerns. "Webster. 
 Here it is the National Legislature. 1 Kent s Com. 221 ; Burrill s 
 Law Die., CONGRESS. 
 
 The word was doubtless transferred from the Articles of Con 
 federation, where each State expressly retains its sovereignty, free 
 dom, and independence, and every power, jurisdiction, and right 
 which is not by this Confederation expressly delegated to the 
 United States in Congress assembled. The government was only 
 " a firm league of friendship/ Art. 2, ante, p. 9. 
 
 Is this wise? The wisdom of this division of legislative power into two 
 branches has been vindicated by our wisest statesmen. Story s 
 Const, chap. viii. 545-570; 1 Kent s Com. 208-210; The Federal 
 ist, No. 22 ; De Lolme on the Constitution of England, B. 2, chap, 
 iii. ; Randolph s Letter, 3 Amer. Museum, 62, 66; Adams s De 
 fense of American Constitutions, 105, 106. 121, 284, 286; 2 Pitk. 
 Hist. 294, 305, 316; Paley s Moral Philosophy, b. 6, ch. vii. ; 
 Wilson s Law Lect. 393-405. 
 
 In regular logical consecutive order the Senate should be first 
 defined, but it is not. [ED.] 
 
 of what is SEC. II. [l.] The house of representatives shall he 
 represent^ composed of members chosen every second year by 
 the people of the several States ; and the electors in 
 each State shall have the qualifications requisite for 
 electors of the most numerous branch of the State 
 legislature. 
 
 Why by the 16. The House simply means the popular branch. By THE 
 people of PEOPLE is meant the wise principle of direct representation and 
 BUiSf responsibility. (The Federalist, Nos. 40-52; 1 Wilson s Law 
 
 Lect. 429-433; 2 Id. 124-128; 1 Tucker s Blacks. Com., App. 
 
 28; Paley s Moral Philosophy, b. 6, ch. 6); Story s Const. 571- 
 What 576: Curtis s Hist, of the Const. 148. 
 
 people? " THE PEOPLE" are that portion of the citizens of the United 
 
C1 - !] QUALIFICATIONS, 16. 59 
 
 States who are the resident inhabitants of particular States. Aliens 
 
 are excluded. Farrar, 24-38. This accords with Mr. Calhoun s 24-38. 
 
 speech upon the admission of Michigan. But it is not sustained 
 
 by practice, and was denied in the speeches by Mr. Stephens and 
 
 others on the adtnission of Minnesota. Properly, " THE PEOPLE " 6, 21-25, 220. 
 
 here really mean the qualified voters. But here Mr. Farrar con 
 
 tends that Congress may prescribe the qualifications. Farrar, 124 
 
 -141. Mr. Farrar admits the practice to be contrary to his theory, 
 
 but insists that an alien is not an inhabitant. (College v. Gove. 
 
 5 Pick. 373); Farrar, 133. It will be observed that the elec- Who are 
 
 lions are by "the people of the several States." But wna t clectors ? 
 
 people shall vote ? They are the "electors of the most numer 
 
 ous branch of the State legislature." There was then very 
 
 little uniformity as to these voters. 2. Elliot s Debates, 38; 
 
 2 Wilson s Law Lecture, 128-131; Federalist, No. 52 to 54; 
 
 Story s Const, chap. 9, 570, et seq. 2 Curtis s Hist, of the 
 
 Const. 198. Time has only lessened the uniformity, for many of 
 
 the States allow unnaturalized aliens to vote. See the constitu- la a 
 
 tions of Illinois, Indiana, and Michigan, and the congressional " e f tho 
 debate upon suffrage, 1865-66. In the Dred Scott en se the sub- pe 
 ject was fully discussed, and it was said that, while congress 
 possessed the exclusive power of naturalization, a negro could 220. 
 not be made a citizen of the United States; that a State could 
 confer the right of suffrage on an alien, or any one else, but it May he be a 
 could not thereby make them citizens of the United States. votcr? 
 Scott v. Sandford, 19 How. 404-414. 
 
 The Constitution of the Confederate States, which showed the What of the 
 Southern mind as to proper amendments, interpolated the words ^^ eratc 
 " shall be citizens of the Confederate States. 11 And to the section was tionf " 
 added a clause, " but no person of foreign birth, not a citizen of the 
 Confederate States, shall be allowed to vote for any officer, civil or po 
 litical, State or federal. 11 Paschal s Annotated Digest, p. 86. 
 
 This proved the willingness to make suffrage a matter of ua- 6, 220. 
 tional legislation, and the determination to avoid participation in 
 the elections by persons who were not national citizens. 
 
 Mr. Farrar has only followed these extreme views. The ques- what is the 
 tion of limited suffrage, and the motives which influenced the reason of the 
 Convention to leave the power with the States, will be found in the rulc ? 
 following authorities: 1 Blacks. Com. 171, 172, 463,464: Montes 
 quieu s Spirit of Laws, b. 11, chap. vi. ; Paley s Moral Philosophy, 
 b. 1 1, chap. vi. ; Locke on Government, p. 2, 149, 227 ; Adams s 
 Amer. Const., letter vi. pp. 263, 440 ; Jefferson s Notes on Virginia, 
 191; Story s. Const. 576-587 ; Curtis s Hist, of the Const. 187, 
 194, 200. 
 
 QUALIFICATIONS. The word as here used is hardly within any what means 
 of the ordinary significations. Webster s Die., QUALIFICATION. qunlifica- 
 There was this logic and consistency in the rule adopted : n 
 
 1. Those who indirectly elect the senators and the president and 19.^35, 46, 
 vice-president, directly elect the representatives in Congress. 167 - 
 
 2. The National Constitution could not well fix a rule as to voters 
 for Congress without also extending it to all elections. 3. Any 
 
CO 
 
 QUALIFICATIONS, 16, 17. [Art, I., Sec. 2., 
 
 Alabama ? 
 
 Arkansas ? 
 
 Connecti 
 cut? 
 
 absolute abuse of the rights of electors, such as transferring the 
 choice to other magistrates, or to a particular profession, would be 
 subject to the guaranty of a republican form of government. 
 
 What are 17. The following are the "QUALIFICATIONS" for electors in the 
 the qualifica- different States at the present time : In all the States, males twenty- 
 S W one years of ago. 
 
 ALABAMA. White citizens of the United States ; residence in the 
 State one year, and in the county three months. Soldiers, seamen, 
 and marines of the United States, and persons infamous for crime 
 excluded. Const, of 30th Sept., 1865. Hough, New York Con 
 vention Manual, 82. See new Constitution of 1867. 
 
 ARKANSAS. White citizens of the United States : six months 
 residence ; soldiers, seamen, and marines in time of peace excluded. 
 Constitution of 1864- 5. Id. 85. 
 
 California ? CALIFORNIA. White citizens of the United States and of Mexico, 
 who shall have elected to become citizens of the United States 
 under the treaty of the 30th May, 1848. Indians may be qualified 
 by two-thirds of the legislature. Constitution of 13th October, 
 1849. Id. 96, 97. 
 
 CONNECTICUT. Every white male citizen of the United States; 
 one year s residence ; freehold of the yearly value of six dollars ; 
 good moral character ; able to read any article of the Constitution, 
 or any section of the statutes of the State. Amendments of 
 October, 1845, and October, 1855. Id. 115. 
 
 Delaware ? DELAWARE. Free white citizens of the United States ; one year s 
 residence ; having paid a county tax within two years, which had 
 been assessed at least six months before the election ; no tax if 
 between twenty-one and twenty -two years old ; no person in the 
 military, naval, or marine service of the United States shall be con 
 sidered as acquiring a residence in this State by being stationed in 
 any garrison, barrack, or military or naval place or station within 
 this State ; and no idiot or insane person, or pauper or person con 
 victed of any crime deemed by law felony, shall enjoy the right of an 
 elector. Constitution of 2d December, 1831. Id. 121. 
 
 Florida ? FLORIDA. Citizens of the United States, with one year s resi 
 
 dence. Officers, soldiers, and marines of the army and navy do 
 not thereby acquire residence. The legislature may exclude per 
 sons convicted of infamous crimes. Constitution of 7th November, 
 1865. Id. 135. 
 
 Georgia? GEORGIA. Free white male citizens of this State and of the Uni 
 ted States; have paid all taxes required of them, and which they 
 have had an opportunity of paying, for one year preceding the elec 
 tion ; two years residence in the State and one year in the county. 
 Constitution of 7th Nov., 1865. Id. 149. 
 
 Illinois? ILLINOIS. White male citizens. Residence one year; inhabitants 
 
 of one year s residence at the adoption of the Constitution. Consti 
 tution of 31st August, 1847. Id. 169. 
 
01. 1.] QUALIFICATIONS, 17. Gl 
 
 INDIANA. White male citizens of the United States ; six mouths Indiana ? 
 residence ; if of foreign birth, one year s residence in the United 
 States and six months in this State ; and shall have declared his in 
 tention to become a citizen of the United States, conformably to the 
 laws on the subject of naturalization. No soldier, seaman, or ma 
 rine of the United States, or of their allies, shall be deemed to have 
 acquired a residence in the State in consequence of having been 
 within the same; nor shall any such soldier, seaman, or marine 
 have the right to vote. No negro or mulatto shall have the right 
 to vote. Const, of 10th Feb., 1865. Id. 171. 
 
 IOWA. "White male citizens of the United States; six months Iowa? 
 residence in the State and sixty days in the county. Persons in 
 the military, naval, or marine service of the United States; idiots, 
 insane, -or convicted of infamous crimes excluded. Const, of the 5th 
 March, 1857. Id. 184. 
 
 KANSAS. Citizens of the United States; or persons of foreign Kansas ? 
 birth who shall have declared their intentions to become citizens, 
 conformably to the laws of the United States on the subject of natu 
 ralization; six months residence in the State, and thirty days in the 
 township. No person under guardianship, non compos mentis, or 
 insane, or any person convicted of treason or felony, unless restored 
 to civil rights, nor any soldier, seaman, or marine shall be allowed 
 to vote. Const, of 29th July, 1859. Id. 202. 
 
 KENTUCKY. Free white male citizens ; residence two years in Kentucky ? 
 the State, or one year in the county, town, or city in which he 
 offers to vote, and sixty days in the precinct. Const, of llth June, 
 1850. Id. 210. 
 
 LOUISIANA. White male citizens of the United States ; residence Louisiana? 
 in the State twelve months, and three months in the parish. Const, 
 of Sept., 1854. Id. 227. 
 
 MAINE. Male citizens of the United States, excepting pau- Maine ? 
 pers, persons under guardianship, and Indians not taxed; estab 
 lished residence three months. Persons in the military, naval, or 
 marine service of the United States or this State, and students not 
 deemed to have acquired residence. Const, of 29th Oct.. 1819. 
 Id. 240. 
 
 MARYLAND. White male citizens of the United States ; resi- Maryland ? 
 dence one year in the State and six months in the county. Const. 
 of 1867 (and so of 1864). Id. 250. 
 
 MASSACHUSETTS. Male citizens (excepting persons or paupers Massachu- 
 under guardianship); residence in the State one year; in the town setts? 
 or district six months ; having paid all required taxes. Const, of 
 1780, as amended. Id. 294. Amendment, Art. XX. No person 
 shall have the right to vote, or be eligible to office, under this 
 Commonwealth, who shall not be able to read the Constitution in 
 the English language and write his name ; Provided, however, that 
 the provisions of this amendment shall not apply to any person 
 prevented by physical disability from complying with its requisi- 
 
62 QUALIFICATIONS, 17. [Art. I., Sec. 2., 
 
 tions, nor to any person who now has the right to vote, nor to any 
 person who shall be sixty years of age or upward at the time this 
 amendment takes effect. Id. 298. By amendment XXVI., of 1850, 
 persons of foreign birth not allowed to vote until two years after 
 naturalization. Id. 300. 
 
 Michigan? MICHIGAN. Every white male citizen; every white male inhabi 
 tant residing in the State on the 24th day of June, 1 835 ; every 
 white male inhabitant on the first day of January, 1850, who has 
 declared his intention to become a citizen of the United States, pur 
 suant to the laws thereof, six months preceding an election, or who 
 has resided in this State two years and six months, and declared 
 his intention as aforesaid ; and every civilized male inhabitant of 
 Indian descent, a native of the United States and not a member of any 
 Indian tribe, shall be an elector and entitled to vote. Residence 
 three months in the State. Const, of 1850. Id. 307. Persons ab 
 sent in the actual military service of the United States not disquali 
 fied. Presence in such service is not residence. Id. 308. 
 
 Minnesota? MINNESOTA. 1. "White citizens of the United States ; 2. White 
 persons of foreign birth who shall have declared their intention to 
 become citizens ; 3. Persons mixed with white and Indian blood, 
 who have adopted the customs and habits of civilization ; 4. Per 
 sons of Indian blood residing in this State who have adopted the 
 language, customs, and habits of civilization, after an examination 
 before any district court of the State, &c., and pronounced capable 
 of citizenship; residence one year in the United States and four 
 months in the State before the election. Const, of 1857-8. Id. 325. 
 
 Mississippi ? MISSISSIPPI. Free white male citizens of the United States ; one 
 year s residence in the State, four months in the county or town. 
 Const. 1832 as amended in 1865. Id. 336. 
 
 Missouri ? MISSOURI. White male citizens of the United States, and every 
 white male person of foreign birth who may have declared his 
 intention to become a citizen of the United States, according to law, 
 not less than one year nor more than five years before lie offers to 
 vote; residence one year in the State and sixty days in the county, 
 143. city, or town. The disqualification of all who participated in or 
 sympathized with : he rebellion is most searching and comprehen 
 sive. After 1870, new voters must be able to read and write or be 
 disabled therefrom by physical disability. Const, of 18G5. 348-351. 
 
 Nebraska ? NEBRASKA. 1. White male citizens of the United States ; 
 2. White persons of foreign birth who shall have declared their in 
 tention to become citizens, conformably to the laws of the United 
 States on the subject of naturalization. Const, of 1867. Id. 371. 
 
 By the act of admission agreed to by the legislature, the right is 
 not restricted to whites. 
 
 This State was admitted March, 1867, as the 37th State. 
 
 Nevada? NEVADA. Every white male citizen of the United States; resi 
 
 dence six months in the State and thirty days in the county: per 
 sons convicted of treason or felony and not restored to civil rights, 
 
01. 1.] QUALIFICATIONS, 17. 63 
 
 or who, after arriving at the age of eighteen years, shall have volun 
 tarily borne arms against the United States, or held civil or military 
 office under the so-called Confederate States, unless an amnesty be 
 granted to such person by the Federal Government, excluded ; also 
 idiots and insane persons. Const, of 18G4. Id. 380, 381. 
 
 NEW HAMPSHIRE. Every male inhabitant of each town, and New Hamp- 
 parish with town privileges, and places unincorporated, excepting shire? 
 paupers, and persons excused from paying taxes at their own re 
 quest. Const, of 1792. Id. 403. 
 
 NEW JERSEY. White male citizens of the United States; resi- New Jersey? 
 dence one year in the State and five months in the county; officers, 
 soldiers, and marines of the United States do not acquire* residence ; 
 paupers, idiots, and insane persons and persons infamous excluded. 
 Const, of 1844. Id. 413. 
 
 NEW YORK. Male citizens who shall have been such ten days : New York T 
 residence in the State one year, and in the county four months. 
 Men of color, unless citizens of this State for three years, and for 
 one year seized of a freehold of the value of two hundred and 
 fifty dollars, on which they shall have paid a tax, excluded. Ab 
 sence in military service does not exclude. Const, of 1846, as 
 amended in 1863. Id. 49, 50. 
 
 NORTH CAROLINA. Every free white man being a native or North 
 naturalized citizen of the United States, and who has been an in- Carolina ? 
 habitant of this State for twelve months immediately preceding 
 the day of election, and shall have paid all taxes. Amendment of 
 llth December, 1856, ratified 10th September, 1857. Id. 431. 
 
 OHIO. Free white male citizens of the United States; residence Ohio? 
 one year in the State. Soldiers, marines, idiots, and insane per 
 sons excluded. Mulattoes in a certain degree are excluded. 
 Const, of 1851. Id. 438. 
 
 OREGON. "White male citizens of the United States, and white Oregon? 
 males of foreign birth who shall have declared their intention; res 
 idence one year as to foreigners and six months as to citizens. 
 Sailors, soldiers, idiots, insane, Chinamen, and negroes excluded. 
 Const, of 1857. Id. 449. 
 
 PENNSYLVANIA. Freemen; residence one year; must have paid Pennsyl- 
 taxes within two years; white freemen, citizens of the United vania? 
 States, between twenty-one and twenty-two years of age, not 
 obliged to have paid taxes ; if absent in the military service of the 
 United States, electors not to lose the right to vote. Const, of 
 1838, as amended in 1857 and 1864. Id. 472. 
 
 RHODE ISLAND. Male citizens of the United States; residence Khode 
 one year ; real estate in the State of the value of one hundred and Island ? 
 thirty-four dollars, or which brings a clear rental of seven dollars 
 per annum. Soldiers, marines, &c., do not thereby acquire a resi 
 dence ; paupers, lunatics, or persons non compos mentis, and Xarra- 
 ganset Indians, specially excluded. Const, of 1842. Id. 474, 475. 
 Soldiers absent in actual military service allowed to vote. Id. 481. 
 
64 
 
 QUALIFICATIONS, 17. [Art. I., Sec. 2., 
 
 South SOUTH CAROLINA. Free white men ; residence two years in tr.o 
 
 Carolina ? gt a t e and six months in the district ; immigrants from Europe with 
 
 like residence who have declared their intention to be naturalized ; 
 
 paupers, soldiers, and marines specially excluded. Const, of 1865. 
 
 Id. 486. 
 
 Tennessee ? TENNESSEE. White men, citizens of the United States (certain 
 blacks included under previous constitution) ; residence one year. 
 Const, of 1839. Id. 495. 
 
 By the amendment of 1866, 9, the qualifications of voters and 
 the limitation of the elective franchise may be determined by the 
 General Assembly which shall first assemble under the amended 
 constitution. Id. 504. The General Assembly extended the right 
 of suffrage to the blacks, and excluded certain classes of those 
 engaged in the rebellion. 
 
 Texas ? TEXAS. Every free male person, who shall be a citizen of the 
 
 United States* (Indians not taxed, Africans, and descendants of 
 Africans excepted) ; residence one year in the State and six months 
 in the county. Const, of 18G6. Id. 507. The words, " or who is, at 
 the time of the adoption of the Constitution by the Congress of 
 the United States, a citizen of Texas," were in the Constitution 
 of 1845, but were omitted from the revision. Paschal s Anno 
 tated Digest, 51, 932. 
 
 Vermont ? VERMONT. Freemen, of the State, who are natural born citizens 
 of Vermont or some one of the United States, or naturalized. 
 Const, of 1793 as amended. New York Convention Manual, by 
 Hough, 523, 529. 
 
 Virginia? VIRGINIA. White male citizens of the Commonwealth; resi 
 dence one year in the State and six months in the county. Must 
 have paid the previous year s assessment of taxes. Const, of 1864. 
 Id. 533, 545. 
 
 West WEST VIRGINIA. White male citizens of the State ; residence 
 
 Virginia? one year. Paupers, convicts of treason, felony, or bribery in elec 
 tion, persons who have given aid to the rebellion, unless he has 
 volunteered into the military and naval service of the United 
 States and been honorably discharged therefrom, excluded. Const. 
 1861-3, as amended 24th May, 1866. Id. 547, 548. 
 
 Wisconsin? WISCONSIN. 1. Citizens of the United States. 2. Persons of 
 foreign birth who shall have declared their intention to become 
 citizens, conformably to the laws of the United States on the sub 
 ject of naturalization. (The word " white " was stricken out by 
 amendment. ) 
 
 3. Persons of Indian blood who have once been declared by law 
 of Congress to be citizens of the United States, any subsequent 
 law of Congress to the contrary notwithstanding. 
 
 4. Civilized persons of Indian descent, not members of any tribe. 
 Const, of 1848. Id. 561, 562. 
 
 Is there any It will thus be seen that the only uniformity is, that electors in 
 uniformity ? a n the States require tho qualification of being males over twenty- 
 
Cl- I-] QUALIFICATIONS-CITIZEN, 17, 18. 65 
 
 one years of age, and of residence longer or shorter. The general 
 rule is, "white citizens of the United States ;" but negroes or persons 
 of African descent are electors in all New England except Con 
 necticut; in Nebraska, Tennessee, Wisconsin, and by construction, 
 perhaps, in other States; persons in the military and naval service 
 are excluded in some States, and idiots, lunatics, and persons non 
 compos mentis in others. 
 
 In Oregon, Chinamen are excluded. In all the late fifteen slave 
 States, except Tennessee, persons of African descent are excluded. 
 In Indiana, Michigan, Wisconsin, Oregon, and South Carolina, 
 unnaturalized persons of longer or shorter residence who have 
 declared their intention are voters; while in Massachusetts the 
 naturalized are excluded until two years after naturalization. In a 
 few of the northwestern States Indians are allowed to vote. The 
 qualification of freeholder or tax-payer is required in a few States ; 
 and the beuetit of clergy or the power to read and write is required 
 in two States. Disqualification for infamous offenses exists in a 
 few States. So that in fact there is no uniformity except as to sex What is the 
 and age, and less than there was at the formation of the federal only uny 
 Coustitution. The qualifications in no two States were exactly alike. tormit y ? 
 Story s Const., 637 ; The Federalist, No. 54. As to the free per 
 sons of African descent, while they were only half a million, the 24- 
 majority of whom resided in the slave States, " de mini mis non "Why the ne- 
 curat lex, 1 seems to have been the maxim. But now that they are oe ^ tjr of a 
 one-eighth of the whole population, and constitute a majority of rulV? m 
 "citizens of the United States" in several States, whatever may 
 have been our habits of thought, the statesman and the philosopher 220. 
 is obliged to face the question, and to consider the propriety of a 
 uniform rule for electors. 
 
 18. But citizenship of the United States, or of a State, does not Is citizen- 
 of itself give the right to vote; nor, e conrerso, does the want of it 8n jP ^ 
 prevent a State from conferring the right of suffrage. Scott v. &u 
 Sandford, 19 How. 422. 
 
 The right of suffrage is the right to choose officers of the govern- What is the 
 ment ; and it does not carry along the right of citizenship. Bates g^^j 
 on Citizenship, 4, 5. Our laws make no provision for the loss or su rA * 
 deprivation of citizenship. Id. 
 
 The word CITIZEN is not mentioned in this clause, and its idea Does this 
 is excluded in the QUALIFICATIONS for suffrage in all the State section ex- 
 constitutions. Id. 5, 6. JdSrofdtJ 
 
 American citizenship does not necessarily depend upon nor ze n ? 
 coexist with the legal capacity to hold office or the right of suffrage, Does citi- 
 either or both of them. zcnship de- 
 
 No person in the United States did ever exercise the right of ^ffrage ? 
 suffrage in virtue of the naked, unassisted fact of citizenship. Id. j^ 
 
 There is a distinction between political rights and political powers. -^y hat is ^^ 
 The former belong to all citizens alike, and cohere in the very distinction 
 name and nature of citizenship. The latter (voting and holding be [. w . e I J 
 office) does not belong to all citizens alike, nor to any citizen merely [. ^ ^nd 
 in virtue of citizenship. His potver always depends upon extra- power*? 
 neous facts and superadded qualifications; which facts and 19,35,63,169, 
 
66 PERSON, 19, 20. [Art. L, Sec. 2., 
 
 1TO. qualifications are common to both citizens and aliens. Bates on 
 Citizenship. 
 
 what arc [2.] No person shall be a representative who shall 
 cations* of not have attained to the age of twenty-five years, and 
 th-es. sen been seven years a citizen of the United States, and 
 
 who shall not, when elected, be an inhabitant of that 
 
 State in which he shall be chosen. 
 
 What 19. " PERSON " is here undefined, but it is supposed to mean 
 
 persons ? males. A representative is one chosen by the qualified voters, at 
 46. the time prescribed by the States or Congress, in the manner pre- 
 Eepresenta- scribed by law, and having the qualifications of age, citizenship, 
 tive? and inhabitancy or domiciliation. 
 
 Citizen of The Constitution having fixed the qualifications of members, no 
 the United additional qualifications can rightfully be required by the States. 
 Barney v. McCreery, Cl. & Hall, 176: Story s Const. 624-629; 
 Federalist, No. 52. But if a country be conquered, purchased, or 
 annexed, and the inhabitants thus incorporated by such revolutions, 
 as the purchase of Louisiana and Florida, the annexation of Texas, 
 220 and the conquest and cession of California, the inhabitants become 
 national citizens, and are eligible to office, not as naturalized people, 
 ,. according to uniform rule, but as denizens of the acquired soil, 
 whether native born or naturalized. It was so held in the case of 
 Mr. Levy [Yulee], of Florida, upon a contest in the House of 
 Who are Representatives of the United States. Mr. Clark of Louisiana, 
 citizens? and Senator Porter, of that State, as well as all the European 
 inhabitants of Louisiana. Florida, Texas, California, New Mexico, 
 Arizona, and Walrussia, and all born upon those Territories, owed 
 their naturalization to the law of conquest, purchase, or annexa 
 tion. Native inhabitants have been admitted as delegates from 
 New Mexico, under the general description of citizenship. 
 
 The object was to exclude aliens. Story s Const. 612-629. 
 See Farrar, 256-281. 
 
 Yet " PERSON " and " CITIZEN " in this sentence cannot have the 
 6, 17, 24, 35, same comprehensive meaning of "PEOPLE " or " ELECTORS " in the 
 44,220. preamble, and in Art. 1, 1, clause 1. From necessity it must 
 have a limitation beyond what is defined in the clause. 
 
 Who is an 2O. AN INHABITANT OP A STATE is one who is bond fide " a 
 
 inhabitant member of the State, subject to all the requisitions of its laws, and 
 
 elected? entitled to all the privileges and advantages which they confer." 
 
 22 23 44 46 Bailey s Case, Cl. & Hall, 411. A person residing in the District of 
 
 Columbia, though in the employment of the general government, is 
 
 not an inhabitant of a State, so as to be eligible to a seat in congress. 
 
 Id. But a citizen of the United States, residing as a public minister 
 
 at a foreign court, does not lose his character of inhabitant of that 
 
 State of which he is a citizen, so as to be disqualified for election 
 
 to congress. Id. : Forsyth s Case, Id. 497. See Kamsay v. Smith, 
 
 CL & Hall, 123. Key s Case, Cl. & Hall, 224. 
 
01. 2, 3.] EEPKESENTATIVES, 20-22. 67 
 
 [3.] Representatives and direct taxes shall be appor- what is the 
 tioned among the several States which may be included ment of re- 
 
 . , . , . -r-r . T i . prcsenta- 
 
 withm this Union, according to their respective num- tives and 
 bers ; which shall be determined by adding to the 
 whole number of free persons, including those bound 
 to service for a term of years, and excluding Indians 
 not taxed, three-fifths of all other persons. The actual 
 enumeration shall be made within three years after the Census? 
 first meeting of the Congress of the United States, and 
 within every subsequent term of ten years, in such 
 manner as they shall by law direct. The number of Number of 
 
 . representa- 
 
 representatives shall not exceed one for every thirty tives? 
 thousand, but each State shall have at least one repre 
 sentative ; and, until such enumeration shall be made, 
 the State of New Hampshire shall be entitled to choose 
 three, Massachusetts eight, Rhode Island and Provi 
 dence Plantations one, Connecticut five, New York 
 six, New Jersey four, Pennsylvania eight, Delaware 
 one, Maryland six, Virginia ten, North Carolina five, 
 South Carolina five, and Georgia three. 
 
 21. REPRESENTATIVES. As to the reasons for the rule, see Give facts of 
 Story s Const. 630-689. Notes to third edition ; 1 Elliot s Kepresenta. 
 Debates, 212, 213 ; 2 Pitk. Hist. 233-248. numbers. 
 
 As the population has increased, the ratio, or "numbers" neces 
 sary to elect a representative, has been increased, so as not to make 
 the body too large. They have stood through each decade as 
 follows : 1790 43,000. 1 St. 253; 180033,000. 2 St. 128; 1810 
 35,000. Act of 21 Dec., 1811, ch. 9; 1820 40,000. 3 St. 651; 
 183047,700. 4 St. 516; 184070.000. 5 St. 491 ; 185093.420. 
 Rep. population divided by 233, 9 St. 432, 433; 1860 126,823. 12 
 St. 353; 2 Brightly s Dig. 84. Obtained by dividing by 241, giving 168. 
 to Ohio, Kentucky, Illinois, Iowa, Minnesota, Vermont, and Rhode 
 Island, each an additional member. 
 
 22. DIRECT TAXES, perhaps, mean, in the stricter sense, a rate What nre 
 imposed by government upon individuals (polls), lands, houses, direct taxes? 
 horses, cattle, possessions, and occupations, as distinguished from 
 customs, duties, imposts, and excises. Webster. See Burrill s 
 
 Law Die., TAX. 
 
 In the case of Hylton v. The United States the question was 72-77, 144. 
 much discussed ; but no authoritative conclusion seemed to be 
 
68 
 
 DIRECT TAXES, 22, 23. [Art. L, Sec. 2., 
 
 On per 
 sonals ? 
 
 "What by 
 
 apportion 
 
 ment ? 
 
 144. 
 
 163,164. settled. The general impression seemed to be, that a tax on real 
 estate, such as the war tax of 1862, might be intended. 
 
 See the subject discussed. Story s Const. 955-957. 
 
 Only four direct taxes have been laid: In 1798, ]813, 1815, 
 1861. Story s Const. 642; 2. Brightly s Dig. 407 ; Internal Rev 
 enue pamphlets everywhere. The Internal Revenue tax is sup 
 posed to come under a different classification. 
 
 A tax on carriages is not a direct tax. There are three kinds 
 of taxes : duties, imposts, and excises, which are to be laid by the 
 rule of uniformity ; and capitation and direct taxes on land, which 
 are to be laid by the rule of apportionment. Hylton v. the United 
 am/ M-hatbV States 3 Dallas 1 7 1 - License Tax Cases, 5 Wall. 477. The better 
 opinion seemed to be, that the direct taxes were a capitation or 
 poll tax, or a tax on land. Hylton v. United States, 3 DalL 171; 
 1 Kent s Com. 255, 256. This does not preclude the right to 
 impose a direct tax in the District of Columbia (and the Terri 
 tories) in proportion to the census directed to be taken by the 
 Constitution. Loughborough v. Blake, 5 Wh. 317; 1 Kent s Com. 
 256. 
 
 How nppor- *J3. APPORTIONED. Proportion and ratio are equivalent words ; 
 and it is the definition of proportion among numbers, that they 
 have a ratio common to all a common divisor. (Jefferson in 1792.) 
 Story s Const. 3d Ed. 683, note 2 ; which note also contains Mr. 
 Webster s report on fractional numbers, in 1832. These two opposite 
 views exhaust the whole argument. See Farrar, 131-141. In 
 these he discusses "free persons," and "all other persons." The 
 practice has been to exclude from the " numbers " none except 
 two-tifths of the slaves, thus counting the three-fifths of the "all 
 other persons." That is, five slaves were only equal to three "free 
 persons," whether colored or aliens. See Story s Const. 630-689, 
 3d Ed., and the voluminous notes, which exhaust the whole sub 
 ject. 
 
 24. NUMBERS. The meaning of the word "numbers" is, that 
 two-fifths of all the slaves were excluded; but the free negroes, and 
 all other persons, except tribes of Indians, were enumerated. The 
 total numbers by the eighth census (1860) were: 
 
 In the free States and Territories whites 18,9:56,579 
 
 " " " free colored 2:57,218 
 
 In the slave States whites 8,039.000 
 
 " " slaves 3,950,000 
 
 " " free colored 251,000 
 
 Deduct two-fifths of slave population 1,580,000 
 
 Leaving a representative slave population of 2,370,000 
 
 Total free population in the States, District of Columbia, 
 
 and Territories 27,463,797 
 
 Total slave population 3,961, 1 29 
 
 Ratio of representatives 127,381 
 
 The apportionment of representation under the census of 1860 
 was as follows : Alabama 6, Arkansas 3, California 3, Connecticut 
 4, Delaware 1, Florida 1, Georgia 7, Illinois 14, Indiana 11, Iowa 
 
 IT, 18, 
 144, 220. 
 
 What arc 
 numbers ? 
 
 144, 23. 
 
01. 3.] 
 
 NUMBEKS, 24. 
 
 6, Kentucky 9, Louisiana 5, Maine 5, Maryland 5, Massachusetts What -was 
 10, Michigan 6, Minnesota 2, Mississippi 5, Missouri 9, New Hamp- apportion- 
 shire 3, New Jersey 5, New York 31, North Carolina 7, Ohio 19, JJJJfl m 
 Oregon 1, Pennsylvania 24, Rhode Island 2, South Carolina 4, 
 Tennessee 8, Texas 4, Vermont 3, Virginia 11, Wisconsin 6. The 
 territories of Kansas, Nebraska, and Nevada have since been 
 admitted as States, each with 1 representative ; Colorado has been 168 
 organized under an enabling act, and will be admitted with 1 
 representative; Virginia has been divided, and West Virginia has 
 3 representatives, leaving Virginia 8. 
 
 NUMBEKS OF THE STATES AND TERRITORIES, &C.-1860. 
 
 STATES. 
 
 CB.VBUS OF 1860. 
 
 
 I 1850 
 
 TO I860. 
 
 Wkite. 
 
 Free 
 colored. 
 
 Slave. 
 
 Total 
 
 White. 
 
 Free 
 colored. 
 
 Slave. 
 
 Total. 
 
 Alabama 
 
 526,431 
 324,191 
 361,353 
 451,5-20 
 90,589 
 77,748 
 591,588 
 1,704,323 
 1,339,1100 
 673,844 
 106,579 
 919,517 
 
 2,690 
 144 
 
 4,086 
 
 Gn 
 
 19,829 
 932 
 3,500 
 7,628 
 11,428 
 1.069 
 625 
 10,684 
 18,647 
 1,327 
 83,942 
 9,602 
 6,799 
 259 
 773 
 3,572 
 494 
 25,318 
 49,005 
 30,463 
 36,673 
 128 
 56,849 
 3,952 
 9,914 
 7,300 
 355 
 709 
 58,042 
 1,171 
 
 435,080 
 111,115 
 
 964,201 
 435,450 
 379,994 
 460,147 
 112,216 
 140,425 
 1,057,286 
 1,711,951 
 1,350,428 
 674.913 
 li)7 "116 
 
 23.43 
 99.88 
 294.34 
 24.35 
 27.28 
 64.70 
 13.42 
 101.45 
 37.03 
 251.18 
 
 18.76 
 81.25 
 324.74 
 12.14 
 9.72 
 
 27.18 
 135.91 
 
 24.96 
 107.46 
 :;io.37 
 42.10 
 22.60 
 60.59 
 16.6T 
 101.06 
 36.63 
 251.14 
 
 California. 
 
 Connecticut 
 
 1,798 
 61,745 
 462,198 
 
 21.48; 
 57.07 
 21.10 
 
 Florida 
 
 Georgia 
 
 19.41 
 40.32 
 1.47 
 231.53 
 
 Indiana 
 
 
 
 i 
 
 2->5,483 
 331,726 
 
 " sYjisg 
 
 
 Kentucky 
 
 1,155,684 
 70*,UI2 
 628,279 
 687,049 
 1,231,0*6 
 749,113 
 172,123 
 791,305 
 1.162,012 
 326,073 
 672,035 
 3,880 735 
 992,622 
 2,339,511 
 52,465 
 2,906,115 
 174,620 
 703,708 
 1,109,801 
 604,21 5 
 31 5,098 
 1,596,318 
 775,881 
 
 20.76 
 39.98 
 7.76 
 23.14 
 23.95 
 87.9 
 2,775.06 
 19.H8 
 79.64 
 2.56 
 38.92 
 25.70 
 14.12 
 17.79 
 299.92 
 26.18 
 13.62 
 6.13 
 9.24 
 173.51 
 0.31 
 17.06 
 154.20 
 
 6.72 
 6.78 
 2.14/ 
 12.35 
 5.93 
 163.22 
 709.38 
 16.S8/ 
 36.44 
 5.00/ 
 6.33 
 0.1 3/ 
 10.92 
 41.12 
 38.1 6l 
 6.01 
 7.68 
 10.65 
 13.67 
 10.58* 
 1.25/ 
 6.83 
 8.44 
 
 6.87 
 35.50 
 
 " K52/ 
 
 40.90 
 31.47 
 
 17.54 
 
 36.74 
 7.74 
 17.84 
 23.73 
 88.38 
 2,760,^7 
 30.47 
 73.30 
 2.55 
 37.27 
 25.29 
 14.20 
 18.14 
 294.65 
 25.71 
 18.35 
 5.27 
 10.68 
 164.22 
 0.31 
 1 2.29 
 154.06 
 
 Maine 
 
 626,952 
 515,<H8 
 1,221,464 
 742,314 
 171,864 
 353,901 
 1,063,509 
 325,579 
 646,69 
 3,831,730 
 631,10(1 
 2,302,838 
 52 337 
 
 
 
 Michigan 
 Minnesota 
 
 Mississippi . .. 
 
 436 ,63i 
 114,931 
 
 18 
 
 "VsY.osJJ" 
 
 Missouri 
 
 New Hampshire 
 
 92.31 / 
 Yl.73 
 
 New York? 
 North Carolina 
 Ohio 
 
 Oregon 
 
 
 Pennsylvania 
 
 Rhode Island 
 
 2,84&,266 
 170,668 
 291,388 
 826,782 
 421,294 
 314,389 
 1,047,411 
 774,710 
 
 
 4.53 
 15.14 
 
 213.89 
 
 402,406 
 275.719 
 182,566 
 
 490,865 
 
 South Carolina 
 
 Texna 
 
 Vermont 
 
 Virsinia 
 
 Wisconsin 
 
 3.83 
 
 TKRBITORIBS. 
 
 Colorado 
 
 26,706,425 
 34,231 
 
 476,536 
 46 
 
 3,950,531 
 
 31,143,047 
 34,277 
 
 37.37 
 
 12.30 
 
 23.44 
 
 35.04 
 
 Nakota 
 
 
 
 
 
 
 
 Debraska 
 
 28,759 
 6,812 
 82,924 
 40,214 
 11,138 
 60,764 
 
 67 
 45 
 85 
 30 
 30 
 11,131 
 
 15 
 
 28,841 
 6.847 
 
 
 
 
 
 Nevada 
 
 
 
 
 61.94 
 253.89 
 
 
 83,009 
 40,273 
 <z426 
 11 168 
 
 34.73 
 254.18 
 
 
 
 Utah 
 
 Washington 
 
 29 
 
 
 11.53 
 
 District of Columbia 
 
 3,185 
 
 75,060 
 
 60.15 
 
 10.66 
 
 13.62/ 
 
 45.26 
 
 35.59 
 
 26.973,843 
 
 487,970 
 
 3,953,760 
 
 31,443,322 
 
 37.97 
 
 1 2.33 
 
 23.39 
 
 [Preliminary report on the eighth census, page 131.] 
 
70 
 
 NUMBEES, 24. 
 
 [Art. I., Sec. 2. 
 
 The following table, showing the population of the States at 
 the different decades, from 1790 to 1860, has been prepared 
 by the editor with great care ; and, as the numbers are 
 taken from the census reports, he feels confident that it is 
 correct : 
 
 CTATBS. 
 
 1790. 
 
 1800. 
 
 1810. 
 
 1820. 
 
 1830. 
 
 1840. 
 
 1850. 
 
 1860. 
 
 
 
 
 20 845 
 
 127 901 
 
 309 527 
 
 690 756 
 
 771 623 
 
 964 201 
 
 
 
 
 
 14 273 
 
 30 388 
 
 97 574 
 
 209 897 
 
 
 California 
 
 
 
 
 
 
 
 92,597 
 
 379,994 
 
 
 238,141 
 59096 
 
 251,002 
 64,273 
 
 262,042 
 72,674 
 
 275,202 
 72,749 
 
 297,675 
 
 76,748 
 
 309,978 
 78,085 
 
 370,792 
 91 532 
 
 460,147 
 112,216 
 
 Florida 
 
 
 
 
 
 34 730 
 
 54 477 
 
 87 445 
 
 140 425 
 
 Georgia 
 
 82,548 
 
 162,101 
 
 252,433 
 
 340,987 
 
 516,823 
 
 691,392 
 
 906,185 
 
 1,057,286 
 
 
 
 
 12,282 
 
 65,211 
 
 157 445 
 
 476 183 
 
 851 470 
 
 1,711 951 
 
 
 
 4 875 
 
 24 520 
 
 147 178 
 
 343 031 
 
 685 866 
 
 988 416 
 
 1 350 428 
 
 Iowa 
 
 
 
 
 
 
 4V] 2 
 
 192,214 
 
 674,913 
 
 Kansas 
 Kentucky 
 
 73,077 
 
 220,955 
 
 406,511 
 76,556 
 
 564,317 
 1 53 407 
 
 687,917 
 215,739 
 
 779,828 
 352,411 
 
 982,405 
 517 762 
 
 1,155,684 
 708 002 
 
 
 96 540 
 
 151 719 
 
 228 705 
 
 298 335 
 
 399 455 
 
 501 793 
 
 583 169 
 
 628 279 
 
 
 319,7-28 
 
 341,548 
 
 380,546 
 
 407,350 
 
 447,040 
 
 470,017 
 
 583,034 
 
 687,049 
 
 Massachusetts. 
 Michigan 
 
 378,717 
 
 423,245 
 
 472,040 
 4,762 
 
 623,281 
 8,896 
 
 610,408 
 31,639 
 
 737,699 
 212,267 
 
 994,514 
 397 654 
 
 1,231,066 
 749,113 
 
 
 
 
 
 
 
 
 6 077 
 
 172 123 
 
 Mississippi 
 
 
 8,850 
 
 40,359 
 
 75,448 
 
 136,621 
 
 375,651 
 
 606,526 
 
 791,305 
 
 Missouri 
 
 
 
 20 845 
 
 66 586 
 
 140455 
 
 383 702 
 
 682,044 
 
 1,182,611 
 
 
 141,899 
 
 183,762 
 
 J14 360 
 
 244,161 
 
 269,328 
 
 284,574 
 
 317,976 
 
 326,073 
 
 
 184,139 
 
 211,949 
 
 245,555 
 
 277,576 
 
 320,823 
 
 373,306 
 
 489,555 
 
 632,035 
 
 New York 
 North Carolina 
 Ohio 
 
 340,120 
 393,751 
 
 586,756 
 478,103 
 45 365 
 
 959,049 
 555,500 
 237 760 
 
 1,372.812 
 638,829 
 581 434 
 
 f,918,608 
 737,987 
 937 903 
 
 2,428,921 
 753,419 
 1 519 467 
 
 3,097,394 
 869,039 
 1 980 329 
 
 3,880,735 
 992,622 
 2339,511 
 
 
 
 
 
 
 
 
 13 294 
 
 5-> 465 
 
 Pennsylvania 
 Rhode Island 
 
 434,373 
 69,110 
 
 602,361 
 69,1 22 
 
 810,091 
 77,031 
 
 1,049,458 
 83,059 
 
 1,348,233 
 97.199 
 
 1,724,033 
 108,830 
 
 2,311,786 
 147,545 
 
 2,906,115 
 174,620 
 
 South Carolina 
 
 249,073 
 35 791 
 
 345,591 
 105,602 
 
 415,115 
 261 727 
 
 502,741 
 422 813 
 
 581,18* 
 681 904 
 
 594,398 
 829 210 
 
 668,507 
 1 002 717 
 
 703,708 
 1 109 801 
 
 T 
 
 
 
 
 
 
 
 212 592 
 
 604 215 
 
 V t 
 
 85 416 
 
 154,465 
 
 217,713 
 
 235 764 
 
 280,652 
 
 "91 948 
 
 314*120 
 
 315,098 
 
 Virginia. .. 
 
 748,308 
 
 880,200 
 
 974,622 
 
 1,065,379 
 
 1,211,405 
 
 1,239,797 
 
 1,421,661 
 
 1,596,318 
 
 Wisconsin 
 
 
 
 
 
 
 30 945 
 
 305 391 
 
 775 881 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 3 929 827 
 
 5 291 832 
 
 7 215 791 
 
 9 605 192 
 
 12826 186 
 
 17 025 741 
 
 23 067 262 
 
 31 148 047 
 
 TERRITORIES. 
 
 
 
 
 
 
 
 
 36,538 
 
 
 
 
 
 
 
 
 
 2 576 
 
 
 
 
 
 
 
 
 
 28 841 
 
 Nevada . .. . 
 
 
 
 
 
 
 
 
 17364 
 
 New Mexico 
 
 
 
 
 
 
 
 61 547 
 
 83 009 
 
 Utah 
 
 
 
 
 
 
 
 1 1 380 
 
 40 699 
 
 Wellington 
 
 
 
 
 
 
 
 
 1M69 
 
 District of Columbia 
 
 
 14 093 
 
 24 053 
 
 33 029 
 
 39 834 
 
 43 712 
 
 51 687 
 
 75,080 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 3,929,827 
 
 5,305,925 
 
 7,239,814 
 
 9,638,131 
 
 12,8 6,02< 
 
 17,069,453 
 
 23,191,876 
 
 31,443,322 
 
 And see Story s Const., 644, note 1 of 3d Ed., Preliminary report on the 
 eighth census, pages 5 and 131. 
 
01. 3.] 
 
 "0981 "? 0611 
 
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 astjwoui jo 
 
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 NUMBERS, 24. 
 
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 71 
 
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72 VACANCIES, HOUSE, 25, 26. [Art. I. Sec 2, 
 
 How are [4.] When vacancies happen in the representation 
 
 niui!i n ? les from any State, the executive authority thereof shall 
 issue writs of election to fill such vacancies. 
 
 Upon what 25. The executive of a State may receive the resignation of a 
 member, and issue writs for a new election, without waiting to be 
 informed by the house that a vacancy exists* Mercer s Case, Cl. & 
 Hall, 44; Edwards s Case, Id. 92; Newton s Case, February, 1847. 
 Colonel Yell had not resigned; but had become a colonel of vol 
 unteers in the army in the war against Mexico, in 1846. The gov 
 ernor assumed that the two offices were incompatible : arid, after 
 a resolution by the Arkansas legislature to that effect, he issued a 
 proclamation for an election to fill the vacancy. Thomas C. New 
 ton was returned, and the house refused to consider the question 
 of vacancy. 
 
 How are va- Vacancies, therefore, may be created by death, resignation, re- 
 
 canciea moval, or accepting incompatible offices. See Paschal s Annotated 
 Digest, note 200; Powell v. Wilson, 16 Tex. 60; The People v. Car- 
 rique, 2 Hill 93; Bienconrt v. Parker, 27 Tex. 562. 
 
 62, 151. The acceptance of an incompatible office is an absolute determi 
 
 nation of the original office. (Rex v. Trelawuey, 3 Burr. 1616; 
 Millwood v. Thatcher, 2 Tr. Rep. 87 ; Wilcock on Municipal Cor 
 poration. 240, 61 7 ; Angel & Amos on Corporations, 255 ;) Biencourt 
 v. Parker, 27 Tex. 562. 
 
 Power of [5.] The House of Representatives shall choose their 
 " " Speaker and other officers, and shall have the sole 
 
 What is the 26. The SPEAKER is the presiding officer of the House of Repre- 
 Speaker? sentatives, who is elected at the meeting of the tirst session of 
 each Congress, and before there can be any organization. At the 
 opening of the 34th and the 36th Congresses, there being three 
 political parties represented, there were very great debiys, as will 
 be seen in the table. The Speaker has the appointment of all 
 standing committees ; and he becomes President of the United 
 States in the absence of the Vice-President, and of the presiding 
 officer of the Senate. 
 
01. 4, 5.] SPEAKEKS, IMPEACHMENT, 26, 27, 
 
 73 
 
 The Speakers have been : 
 
 Name the 
 Speakers ? 
 
 Con- 
 
 givss. 
 
 Ses 
 sion. 
 
 Names of Speakers. 
 
 Election, or 
 commence 
 ment of ser 
 vice. 
 
 Termination 
 of service. 
 
 States of which 
 they were rep 
 resentatives. 
 
 1 
 
 2 
 3 
 4 
 5 
 6 
 7 
 8 
 9 
 10 
 11 
 12 
 13 
 13 
 14 
 15 
 16 
 15 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 32 
 88 
 84 
 35 
 36 
 37 
 38 
 39 
 40 
 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 2 
 1 
 1 
 1 
 2 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 
 Fred. A. Muhlenberg 
 
 April 1, 17S9 
 Oct. 24, 1791 
 Dec. 2,1793 
 Dec. 7,1795 
 May 15, 1797 
 Dec. 2,1799 
 Dec. 7,1801 
 Oct. 17,1803 
 Dec. 2,1805 
 Oct. 26, 1807 
 May 22, 1809 
 Nov. 4, 1811 
 May 24, 1813 
 Jan. 19, 1814 
 Dec. 4, 1815 
 Dec. 1,1817 
 Dec. 6, 1819 
 Nov. 15, 1820 
 Dec. 3, 1821 
 Dec. 1,1823 
 Dec. 5, 1825 
 Dec. 3,1827 
 Dec. 7, 1829 
 Dec. 5, 1831 
 Dec. 2.1833 
 June 2, 1834 
 Dec. 7, 1835 
 Sept. 4,1837 
 Dec. 16, 1839 
 May 31, 1S41 
 Dec. 4,1843 
 Dec. 1, 1845 
 Dec, 6,1847 
 Dec. 22, 1849 
 Dec. 1, 1851 
 Dec. 5, 1853 
 Feb. 2, 1856 
 Dec. 7,1857 
 Feb. 1, 186( 
 July 4,1861 
 Dec. 7, 1863 
 Dec. 4, 1865 
 Mar. 6,1867 
 
 Mar. 3,1791 
 Mar. 2,1793 
 Mar. 3,1795 
 Mar. 3,1797 
 Mar. 3,1799 
 Mar. 3, 1801 
 Mar. 3,1803 
 Mar. 3,1805 
 Mar. 3, 1807 
 Mar. 3, 1809 
 Mar. 3, 1811 
 Mar. 3, 1813 
 Ian. 19, 1814 
 Mar. 2,1815 
 Mar. 3, 1817 
 Mar. 3, 1819 
 Nov. 13, 1820 
 Mar. 3,1821 
 Mar. 3, 1823 
 Mar. 3, 1825 
 Mar. 3,1827 
 Mar. 3,1829 
 Mar. 3, 1831 
 Mar. 2, 1833 
 June 2, 1834 
 Mar. 3, 1835 
 Mar. 3,1837 
 Mar. 3, 1839 
 Mar. 3, 1841 
 Mar. 3,1843 
 Mar. 3, 1845 
 Mar. 3,1847 
 Mar. 3, 1849 
 Mar. 3, 1851 
 Mar. 3,1853 
 Mar. 3,1855 
 Mar. 3, 1857 
 Mar. 3,1859 
 Mar. 3, 1861 
 Mar. 3,1863 
 Mar. 3,1865 
 Mar. 8, 1867 
 
 Pennsylvania. 
 Connecticut. 
 Pennsylvania. 
 ^e\v Jersey, 
 do. 
 Vfassachtisetts. 
 N. Carolina, 
 do. 
 do. 
 Massachusetts. 
 do. 
 Kentucky, 
 do. 
 S. Carolina. 
 Kentucky, 
 do. 
 do. 
 New York. 
 Virginia. 
 Kentucky. 
 New York. 
 Virginia. 
 do. 
 do. 
 do. 
 Tennessee. 
 do. 
 do. 
 Virginia. 
 Kentucky. 
 Virginia. 
 Indiana. 
 Massachusetts. 
 Georgia. 
 Kentucky. 
 
 Massachusetts. 
 S. Carolina. 
 New Jersey. 
 Pennsylvania. 
 Indiana. 
 do. 
 do. 
 
 Jonathan Trumbull 
 Fred. A. Muhler.berg 
 Jonathan Da vton 
 
 Jonathan Dayton 
 Theodore Bengwidt 
 Nathaniel Macon 
 
 Nathaniel Macon 
 
 Nathaniel Macon 
 
 Joseph B. Varnum 
 
 Joseph 1?. Varnum .. 
 Henry Clav 
 
 
 Langdon Cheves 
 
 Henry Clay. . 
 
 
 Henry Clay 
 
 John W. Taylor 
 
 Philip P. Harbour 
 Henry Clay 
 John W. Taylor 
 
 
 Andrew Stevenson 
 
 Andrew Stevenson 
 
 
 John Bell 
 
 James K. Polk. . . 
 
 James K. Polk 
 Eobert M. T. Hunter 
 
 John White 
 
 
 John W. Davis 
 
 Kobert C. Winthrop. 
 
 Howell Cobb 
 
 Linn Boyd 
 Linn Bovd 
 
 Nathaniel P Banks 
 James L. Orr 
 
 William Pennington 
 
 Galusha A. Grow 
 Schuyler Col fax 
 
 Scbuyler Colfax 
 
 Schuyler Colfax 
 
 
 The names of Speakers, pro fe?.,who served temporarily, for one or 
 days, have been omitted. The delays of elections in the 34th and 36th Con 
 gresses were caused by political contests. 
 
 27. IMPEACHMENT. "We must look to the common law for the What is im- 
 definition of impeachment. "William "Wirt, Peck s Trial, 499 ; peachrnent ? 
 James Buchanan, Peck s Trial, 437, 438. And see 1 Chase s 
 Trial, 47, 48; 2 Id. 9-18; 4 Elliot s Debates, 262. It is 
 designed as a method of national inquest into the conduct of 
 public men. Story on the Const. 689. To exhibit articles of 89, 191-194. 
 accusation against a public officer before a competent tribunal. 
 Burrill s Law Die. ^IMPEACHMENT. It is a presentment by 
 
74 IMP MENT, SENATE, 27, 28, 29. [Art. I., Sec. 3, 
 
 the House of Commons, the most solemn grand inquest of the whole 
 
 kingdom, to the House of Lords, the most high and supreme court 
 
 of criminal jurisdiction of the kingdom. (2 Hale s PI. of Or. 150; 
 
 4 Blacks. Com. 259; 2 Wilson s Law. Lect. 165, 166; 2 Woodeson s 
 
 Lect. 40, p. 596.) Story s Const. 688. The objects, openness, 
 
 and dignity of the proceeding. (Rawle, Const. 69, 137, 225, 
 
 236; 2 Elliott s Debates, 43-46.) Story s Const. 688-9. 
 
 Pickering s Judge Pickering was impeached, tried, convicted, and removed 
 
 in his absence, and without counsel. His offense was, that he was 
 
 deprived of reason. Farrar, 169. The judgment was removal 
 
 193, 194. from office. Story s Const. 803, note 1. For an enumeration of 
 
 194 the impeachable crimes at common law, see 2 Woodeson s Lect. 40, 
 
 p. 202; Com. Dig. L. 28-42; Story s Const. 799-803. 
 
 now ami by SEC. III. [1.1 The senate of the United States shall 
 
 whom are 
 
 senators be composed ol two senators from each state, chosen 
 by the legislature thereof, for six years ; and each sen- 
 vote? ator shall have one vote. 
 
 What are 28. Consider the nature of the representation ; the mode of ap- 
 
 the objects? pointment ; the number of senators; their term of service; and 
 
 their qualifications. 1 Story s Const. 691. It makes the States 
 
 Why two for equal in the senate. This result was obtained as a compromise, 
 
 each state? without which the Convention must have been dissolved. Curtis s 
 
 Hist, of the Const. 41, 48, 100, 105, 106; 1 Story s Const. 690- 
 
 700; 2 Pitkin s Hist. 233, 245. 247, 248; 4 Elliot s Debates, 74- 
 
 92; Id. 99-101; Id. 107, 108, 112-127; 2 Id. 233, 245; Luther 
 
 Martin s Letter in 4 Elliot s debates, 1-45. The election by the 
 
 Why elected legislature was mainly to secure the cooperation of the State with 
 
 bytheLegis-the federal government. (The Federalist, JS T os. 27, 62; 1 Kent s 
 
 Com. Lect. 11, p. 211.) Story s Const. 704. 
 
 How It was not fully settled whether the elections should be by joint 
 
 elect 8 ccl? or concurrent vote, until the act of Congress in these notes. (1 
 Rawle s Const. 37 ; 1 Kent s Com. Lect. 11 p. 211, 212.) The num 
 bers considered. 1 Story s Const. 706-708; 2 Curtis s Hist, of 
 Cocst. passim. There was Hamilton s opinion in favor of tenure 
 
 What was during good behavior. Curtis s Hist, of the Const. 100, 105; 
 
 Hamilton ! Story s Const. 709, note 2 in 3d Ed. The advantages of the 
 present system and the classification fully discussed; Id. 709-727. 
 
 K fleet of two Practically, the fact that each senator has one vote often divides 
 
 votes ? the State upon questions of party interest. 
 
 What has 29. "Where the election is by a joint convention of the two 
 r.ceii the houses of the legislature, it is not necessary that there should be a 
 concurrent majority of each house in favor of the candidate de- 
 Cameron s clared to be elected. Cameron s Case, United States Senate, 13th 
 case. March, 1857. The election, however, must be substantially by 
 
 28, 30 both houses, as distinct bodies. The mere fact that a majority of 
 the joint body, or even of each body, is present, does not constitute 
 the aggregate body a legislature, unless the two bodies, acting 
 separately, have voted to meet, and have actually met accordingly. 
 
01. 1.] SENATOES, ELECTION" OF, 30. 75 
 
 Harlan s Case, United States Senate, 12th January, 1857; 10 LawHarlan s 
 EC p. 1-6. case? 
 
 In the case of John P. Stockton, of New Jersey, in 1866, it was Stockton s 
 held that where the two bodies met in convention to elect a senator, Cll8(i ? 
 and no one having, after numerous ballots, received a majority of 
 the votes cast, and the convention then resolved to elect by plurality, 
 and did so elect, it was not an election by the legislature, and Mr. 
 Stockton was refused his seat. Senate Journal, 4th Dec., 1865 ; 
 8th Jan., 30th Jan., and 26th March, 1866. 
 
 For the reasons which led to an equal representation in the sen- Why two 
 ate, and for a longer term of service, see 2 Curtis s History of the senators? 
 Constitution, p. 138-141, 165, 166, 186, 217. This is one of the 
 sections under which it has been urged that the right of the sece 
 ded States to representation in the senate is optional, absolute, 46. 
 and unqualified. While the precedent is that the reestablish- 
 ment of the representation depends upon the reestablished 242. 
 loyalty of the State, and the ability of the senators elected to 275, 279. 
 take the test oath. 
 
 3O. The mode of election has now been settled by the following 
 act: 
 
 CHAP. CCKLV.An Act to regulate the Times and Manner of hold- July 25.1866, 
 ing Elections for Senators in Congress. 14 St >248 - 
 
 Be it enacted, &c., 1. That the legislature of each State which What logis- 
 shall be chosen next preceding the expiration of the time for which j^ 8 ^ 
 any senator was elected to represent such State in Congress, shall, wnen to 
 on the second Tuesday after the meeting and organization thereof, elect sena- 
 proceed to elect a senator in Congress, in the place of such senator tors ? 
 so going out of office, in the following manner: Each house shall What is the 
 openly, by a viva voce vote of each member present, name one person t)de of elec- 
 for senator in Congress from said State, and the name of the person tlou 
 so voted for, who shall have a majority of the whole number of 
 votes cast in each house shall be entered on the journal of each 
 house by the clerk or secretary thereof; but if either house shall fail 
 to give such majority to any person on said day, that fact shall be 
 entered on the journal. At 12 o clock, meridian, of the day fol 
 lowing that on which proceedings are required to take place, as 
 aforesaid, the members of the two houses shall convene in joint 
 assembly and the journal of each house shall then be read, and if 
 the same person shall have received a majority of all the votes in 
 each house, such person shall be declared duly elected senator to 
 represent said State in the Congress of the United States ; but if 
 the same person shall not have received a majority of the votes in 
 each house, or if either house shall have failed to take proceedings 
 as required by this act, the joint assembly shall then proceed to 
 choose by a viva voce vote of each member present, a person for 
 the purpose aforesaid, and the person having a majority of all the 
 votes of the said joint assembly, a majority of all the members 
 elected to both houses being present and voting, shall be declared 
 duly elected ; and if no person shall receive such majority on the 
 first day, the joint assembly shall meet at twelve o clock, meridian, 
 
76 CLASSIFICATION, 31, 32 33, 34. [Art. L, Sec. 3, 
 
 of each succeeding day during the session of the legislature, and 
 take at least one vote until a senator shall be elected. 
 
 What are tho 2. Whenever, on the meeting of the legislature of any State, a 
 fo Socta 188 vacancv sha11 exist in the representation of such State in the Sen- 
 senator to a *- e f ^ e United States, said legislature shall proceed, on the sec- 
 fill a ond Tuesday after the commencement and organization of its session, 
 vacancy? ^ o e ] ec t a person to fill such vacancy, in the manner herein-before 
 provided for the election of a senator for a full term; and if a 
 vacancy shall happen during the session of the legislature, then on 
 the second Tuesday after the legislature shall have been organized 
 and shall have notice of such vacancy. 
 
 How is the 3. It shall be the duty of the governor of the State from which 
 CCr " an y sena tor shall have been chosen as aforesaid to certify his 
 election, under the seal of the State, to the President of the Sen 
 ate of the United States, which certificate shall be countersigned 
 by the Secretary of State of the State. 
 
 what is the [2.] Immediately after they shall be assembled, in 
 tiofi 8 ? a consequence of the first election, they shall be divided, 
 as equally as may be, into three classes. The seats of 
 the senators of the first class shall be vacated at the 
 expiration of the second year, of the second class at the 
 expiration of the fourth year, and of the third class at 
 the expiration of the sixth year, so that one-third may 
 if vacancies be chosen every second year; and if vacancies happen 
 by resignation, or otherwise, during the recess of the 
 legislature of any State, the executive thereof may 
 make temporary appointments until the next meeting 
 of the legislature, which shall then fill such vacancies. 
 
 Is the senate 31. The senate is a permanent body ; its existence is continued 
 permanent? and perpetual. Cushing s Law of Legislative assemblies, 19. 
 
 But should a majority of the States persistently refuse to elect 
 senators, the government would come to an end. Cohens v. Vir 
 ginia, 6 Wh. 264; 5 Cond. 106. 
 
 How 32. The seat of a senator is vacated by a resignation addressed 
 
 vacated? ^ o t ^ e executive of a State, notwithstanding he may have received 
 Bledsoe a no no tj ce ^^ hj s resignation has been accepted. Bledsoe s Case, 
 Cl. & Hall, 869. 
 
 Can the cxe- 33. It is not competent for the executive of a State, during the 
 cutive fill a recess of the legislature, to appoint a senator to fill a vacancy which 
 vacancy 1 ?* 6 w *^ happen, but has not happened at the time of the appointment. 
 Laninan i Lanman s Case, Cl. & Hall, 871. 
 
 liow is the 34. For a classification and list of senators, see Hickey s Consti- 
 classifica- tution, 316-388. The classification is settled by lot when tho 
 tion settled? sena t ors fl rst a pp ear f rom a new State, in the mode adopted in tho 
 
C1.2, 3,4] SENATORS, YICE-PEESIDENT, 35, 36. 37. 77 
 
 first classification, so as to prevent two vacancies occurring in the For what 
 same State at the same time. (Journals of Senate, 15th May, 1789, purpose? 
 25, 26, edition of 1820.) 1 Story s Const. 509. The classification 
 gives some analogy to the principle of two years tenure in the house How many 
 of representatives, by the vacation of one-third of the terms every senators ? 
 fourth of March. The whole number of States being now thirty- 
 seven, the number of senators would be seventy -four ; but ten States 46. 
 not being represented in the senate, there are only fifty-four senators 275, 279. 
 
 [3.] ISTo person shall be a senator who shall not have what are the 
 
 , . T T qualifica- 
 
 attained to the age of thirty years, and been nine years tions of sen- 
 a citizen of the United States, and who shall not, when 
 elected, be an inhabitant of that State for which he 
 shall be chosen. 
 
 35. The term "PERSON" here is subject to the same criticism as what is 
 to the qualifications of members of the house, and necessarily cannot meant by 
 be as comprehensive as "ALL OTHER PERSONS" in the 3d clause of P erson ? 
 the first section. See Farrar s Criticism, 125-141. Words must 16, 24, 46. 
 receive their necessary signification and be construed according to Is "senator" 
 the context, precedent and practice. "SENATOR "is sufficiently Iuasc nt 
 masculine, and is made certain by "Tie." See Gallatin s Case, Cl. & G a n at i n < d 
 Hall, 851 ; Shield s Case, who was rejected for want of nine years case? 
 naturalization, " at the commencement of the term for which he was Shield s 
 elected." See Senate Journal, from 5th to 15th March, 1849. 
 Shields was re-elected, and returned to the senate at its next 
 session was qualified, and took his seat. 
 
 cas 
 
 93< 
 
 [4.] The Vice-President of the United States shall who is pros- 
 be President of the Senate, but shall have no vote, 6 enate ? 
 unless they be equally divided. 16S a - 
 
 36. YI CE [prep.], in place of the president. "Webster s Die. 
 YI CE. The reasons for this officer presiding discussed. Story s 
 Const. 732-741. The question of the inherent powers of the What are the 
 vice-president is still open, it having been ruled in 1826, that he is j|^ t "^ re ^" w . 
 without power, as presiding officer, except as it is given by the e ^ ? s 
 rules of the senate. Story s Const., 739; 1 American Annual 3Si 
 Register, 86, 87 ; 3 Id. 99 ; 4 Elliot s Debates, 311-315. By a rule 
 of 1828, "every question of order shall be decided by the president 
 without debate, subject to appeal to the senate." 3 Annual Reg. 
 99 ; Story s Const, 740 ; 3 Jefferson s Manual, 15, 17. 
 
 37". The following have been the vice-presidents : John Adams, Name the 
 from 4 March 1789 to 3 March 1797 ; Thos. Jefferson, from 4 March vice-presi- 
 1797 to 3 March 1801 ; Aaron Burr, from 4 March 1801 to 3 March S te^L 
 1805; George Clinton, from 4 March 1805 to 3 March 1813; El- O f office? 
 bridge Gerry, from 4 March 1813 to 3 March 1817; Daniel D. 
 Tompkins, from 4 March 1817 to 3 March 1825; John C. Calhoun, 
 
78 VICE-PRESIDENT, &C., 37, 38. [Art. L, Sec. 3, 
 
 from 4 March 1825 to 3 March 1833; Martin Yan Buren, from 4 
 March 1833 to 3 March 1837; Richard M. Johnson, from 4 March 
 1837 to 3 March 1841; John Tyler, from 4 March 1841 to 6 April 
 1841; George M. Dallas, from 4 March 1845 to 3 March 1849; Mil- 
 lard Fillmore, from 4 March 1849 to 10 July 1850 ; William R. King 
 was elected in 1852 and was sworn as vice-president in 1853, iu 
 the island of Cuba, in accordance with act of 3d March, 1853. He 
 died in Cuba, having never presided. John C. Breckinridge, from 
 4 March 1857 to 3 March 1861; Hannibal Hamlin, from 4 March 
 1861 to 3 March 1865; Andrew Johnson, from 4 March 1865 to 14 
 April 1865, when he was sworn as president in consequence of the 
 assassination of Abraham Lincoln. 
 
 what officers [5.] The senate shall choose their other officers, and 
 
 do the senate , ., . > , iv ; . ,, . 
 
 choose? also a president pro tempore, in the absence of the 
 vice-president, or when he shall exercise the office of 
 36 President of the United States. 
 
 When does &8. This presiding-officer, under an act of Congress, becomes the 
 
 offic P er eS be nS President of the TJnited States, in case of the death or disability of 
 
 com e r presi- the president and vice-president. 1 St. 9, p. 240 ; Brightly s Dig. 
 
 dent? 253. Pro tempore means for the time. But the law and practice 
 
 172 is to elect a permanent presiding officer, who acts during the 
 
 168 a. absence of the vice-president, and when the vice-president becomes 
 
 26 - President of the United States. The following is a list of these 
 
 presiding officers, or presidents pro tempore : 
 
 JSamo the Names of Presidents pro tern- ... -, , 
 
 John Langdon .......... 6 April 1789 .......... 21 April 1789 
 
 John Langdon ........... 7 Aug. 1789 .......... 19 Aug. 1789 
 
 Richard Henry Lee ...... 18 April 1792 .......... 8 May 1792 
 
 John Langdon ........... 5 Nov. 1792 .......... 4 Dec. 1792 
 
 John Langdon ........... 1 Mar. 1793 ......... 3 Mar. 1793 
 
 John Langdon ........... 4 Mar. 1793 .......... 4 Mar. 1793 
 
 Ralph Izard ............. 31 May 1794 .......... 9 June 1794 
 
 Ralph Izard ............. 3 Nov. 1 794 .......... 9 Nov. 179 1 
 
 Henry Taze well ......... 20 Feb. 1795 .......... 3 Mar. 1795 
 
 Henry Tazewell ......... 7 Dec. 1795 ......... 8 Dec. 1795 
 
 Samuel Li vermo re ........ 6 May 1796 .......... 1 June 1796 
 
 William Bingham ........ 16 Feb. 1797 .......... 3 Mar. 1797 
 
 William Bradford ........ 6 July 1797 .......... 10 July 1797 
 
 Jacob Read ............. 22 Nov. 1797 .......... 12 Dec. 1797 
 
 Theodore Sedgwick ...... 27 June 1798 .......... 1G July 1798 
 
 Theodore Sedgwick ...... 17 July 1798 .......... 17 July 1798 
 
 John Lawrence .......... 6 Dec. 1798 .......... 26 Dec. 1798 
 
 James Ross ............. 1 Mar. 1799 .......... 3 Mar. 1 T J9 
 
 Samuel Livermore ........ 2 Dec. 1799 ......... 29 Dec. 1799 
 
 Uriah Tracy ............ 14 May 1 800 .......... 14 May 1 800 
 
 John Eager Howard ..... 21 Nov. 1800 .......... 27 Nov. 1800 
 
 James Hillhouse ......... 28 Feb. 1801.. . 3 Mar. 1801 
 
01. 5.] PRESIDING OFFICERS, 38. 79 
 
 Names of Presidents pro tern- Atiended , RdM 
 
 pore of the Senate. 
 
 Abraham Baldwin 7 Dec. 1801 14 Jan. 1802 
 
 Abraham Baldwin 17 April 1802 3 May 1 802 
 
 Stephen R. Bradley 14 Dec 1802 18 Jan. 1803 
 
 Stephen R. Bradley 25 Feb. 1803 25 Feb. 1803 
 
 Stephen R. Bradley 2 Mar. 1803 3 Mar. 1803 
 
 John Brown 17 Oct. 1803 6 Dec. 1803 
 
 John Brown 23 Jan; 1804 9 Mar. 1804 
 
 Jesse Franklin 10 Mar. 1804 27 Mar. 1804 
 
 Joseph Anderson 15 Jan. 1805. 
 
 Joseph Anderson 28 Feb. 1805 2 Mar. 1 805 
 
 Joseph Anderson 2 Mar. 1805 3 Mar. 1805 
 
 Samuel Smith 2 Dec. 1805 15 Dec. 1805 
 
 Samuel Smith 18 Mar. 1806 21 April 1806 
 
 Samuel Smith 2 Mar. 1807 3 Mar. 1807 
 
 Samuel Smith 16 April 1808 25 April 1808 
 
 Stephen R. Bradley 28 Dec. 1808 
 
 John Milledge 30 Jan. 1809 3 Mar. 1809 
 
 John Milledge 4 Mar. 1809 7 Mar. 1809 
 
 Andrew Gregg 26 June 1809 28 June 1809 
 
 Andrew Gregg 27 Nov. 1809 18 Dec. 1809 
 
 John G-aillard 28 Feb. 1810 
 
 John Gaillard 17 April 1810 1 May 1810 
 
 JohnGaillard . . 3 Dec. 1810 11 Dec. 1810 
 
 John Pope 23 Feb. 1811 3 Mar. 1811 
 
 William H.Crawford 24 Mar. 1812 6 July 1812 
 
 William H.Crawford 2 Nov. 1812 3 Mar. 1813 
 
 Joseph B. Yarnum 6 Dec. 1813 3 Feb. 1814 
 
 JohnGaillard 18 April 1814 18 April 1814 
 
 JohnGaillard 19 Sept. 1814 2 Mar. 1815 
 
 JohnGaillard 4 Dec. 1815 30 April 1815 
 
 JohnGaillard 2 Dec. 1816 3 Mar. 1817 
 
 JohnGaillard 4 Mar. 1817 6 Mar. 1817 
 
 JohnGaillard 1 Dec. 1817 18 Feb. 1818 
 
 JohnGaillard 31 Mar. 1818 20 April 1818 
 
 JohnGaillard 16 Nov. 1818 5 Jan. 1819 
 
 James Barbour 15 Feb. 1819 3 Mar. 1819 
 
 James Barbour 6 Dec. 1819 26 Dec. 1819 
 
 JohnGaillard 25 Jan. 1820 15 May 1820 
 
 JohnGaillard 13 Nov. 1820 3 Mar. 1821 
 
 JohnGaillard 3 Dec. 1821 27 Dec. 1821 
 
 John Gaillard 1 Feb. 1822 8 May 1822 
 
 JohnGaillard 2 Dec. 1822 2 Dec. 1822 
 
 JohnGaillard 19 Feb. 1823 3 Mar. 1823 
 
 John Gaillard 1 Dec. 1823 20 Jan. 1824 
 
 Jonn Gaillard 21 May 1824 27 May 1824 
 
 John Gaillard 6 Dec. 1824 3 Mar. 1825 
 
 John Gaillard 9 Mar. 1825 9 Mar. 1825 
 
 Nathaniel Macon 20 May 1826 20 Mar. 1825 
 
 Nathaniel Mucon 2 Jan. 1827 13 Feb. 1827 
 
 Nathaniel Macou .. .2 Mar. 1827.. . 3 Mar. 1827 
 
80 PRESIDING OFFICERS, 38. [Art. I., Sec. 3. 
 
 Samuel Smith ........... 15 May 1828 .......... 26 May 1828 
 
 Samuel Smith ........... 1 Dec. 1S28 .......... 21 Dec. 1828 
 
 Samuel Smith ............ 13 Mar. 1829 ......... 17 Mar. 1829 
 
 Samuel Smith ........... 7 Dec. 182.9, .......... 13 Dec. 1829 
 
 Samuel Smith ............ 29 May 1830 .......... 31 May 1830 
 
 Samuel Smith ............ C Dec, 1830 .......... 2 Jan. 1831 
 
 Samuel Smith ........... 1 Mar. 1831 .......... 3 Mar. 1831 
 
 SamuelSmith ............ 5 Dec. 1831 .......... 11 Dec. 1831 
 
 Littleton W. Tazewell ____ 9 July 1832 .......... 16 July 1832 
 
 Hugh Lawson "White ..... 3 Dec. 1832 .......... 2 Mar. 1833 
 
 Hugh Lawson White ..... 2 Dec. 1833 .......... 15 Dec. 1 833 
 
 George Poindexter ....... 28 June 1834 .......... 30 June JS34 
 
 John Tyler .............. 3 Mar. 1835 .......... 3 Mar. 1835 
 
 William R. King ......... 1 July 1836 .......... 4 July 1836 
 
 William R. King ......... 28 Jan. 1837 .......... 3 Mar. 1837 
 
 William R.King ........ 7 Mar. 1837 .......... 10 Mar. 1837 
 
 William R. King ......... 13 Sept. 1837 .......... 12 Sept. 1837 
 
 William R. King ......... 2 July 1838 .......... 16 Oct. 1837 
 
 William R. King ......... 3 Dec. 1838 .......... 18 Dec. 1838 
 
 William R. King ......... 25 Feb. 1839. ........ 3 Mar. 1839 
 
 William R. King ......... 2 Dec. 1839 ....... ..26 Dec. 1839 
 
 William R King ......... 3 July 1840 .......... 21 July 1840 
 
 William R. King ......... 7 Dec. 1840 .......... 15 Dec. 1840 
 
 William R. King ......... 2 Mar. 1841 .......... 3 Mar. 1841 
 
 William R. King ......... 4 Mar. 1841 .......... 4 Mar. 1841 
 
 Samuel L. Southard ...... 11 Mar. 1841 .......... 15 Mar. 1841 
 
 Samuel L. Southard ...... 31 May 1841 .......... 13 Sept. 1841 
 
 Samuel L. Southard ...... 6 Dec. 1841 .......... 30 May 1842 
 
 Willie P.Mangum ........ 31 May 1842 .......... 31 Aug. 1842 
 
 Willie P. Mangum ........ 5 Dec. 1842 .......... 3 Mar. 1843 
 
 Willie P. Mangum ........ 4 Dec. 1843 .......... 17 June 1844 
 
 Willie P. Mangum ........ 2 Dec. 1844 .......... 3 Mar. 1845 
 
 Willie P. Mangum ....... 4 Mar. 1845 .......... 4 Mar. 1845 
 
 David R. Atchison ........ 8 Aug. 1846 .......... 10 Aug. 1846 
 
 David R.Atchison ........ 11 Jan. 1847 ......... 14 Jan. 1847 
 
 David R. Atchison ........ 3 Mar. 1847 .......... 3 Mar. 1847 
 
 David R. Atchison ........ 2 Feb. 1848 .......... 8 Feb. 1848 
 
 David R. Atchison ........ 1 June 1 848 .......... 14 June 1848 
 
 David R.Atchison ....... 26 June 1848 .......... 29 June 1848 
 
 Dav id R.Atchison ....... 29 July 1848 .......... 14 Aug. 1848 
 
 David R.Atchison ....... 4 Dec. 1848 .......... 4 Dec. 1848 
 
 David R.Atchison ........ 26 Dec. 1848 .......... 1 Jan. 1849 
 
 David R. Atchison ........ 2 Mar. 1849. . . ....... 3 Mar. 1849 
 
 David R. Atchison ........ 5 Mar. 1849 .......... 23 Mar. 1849 
 
 William R.King ......... 6 May 1850 .......... 19 May 1850 
 
 William R.King ........ 11 July 1850 .......... 30 Sept. 1850 
 
 William R.King ......... 2 Dec. 1850 .......... 3 Mar. 1851 
 
 William R.King ......... 1 Dec. 1851 .......... 31 Aug. 1852 
 
 William R. King ......... 1 Dec. 1852 .......... 20 Dec. 1852 
 
 David R.Atchison.. ..20 Dec. 1852 .......... 3 Mar. 1853 
 
01. 5, 6.] IMPEACHMENTS, 38, 39. 81 
 
 David R. Atchison ........ 5 Dec. 1853 .......... 7 Aug. 1854 
 
 Jesse D. Bright .......... 4 Dec. 1854 .......... 3 Mar. 1855 
 
 Jesse D. Bright .......... 3 Dec. 1855 . ......... 8 Aug. 1856 
 
 Jesse D. Bright .......... 21 Aug. 1856 .......... 30 Aug. 1856 
 
 Jesse D. Bright .......... 2 Dec. 1856 .......... 5 Jan. 1857 
 
 James M. Mason .......... 5 Jan. 1857 .......... 3 Mar. 1857 
 
 Benjamin Fitzpatrick ...... 29 Mar. 1858 .......... 4 May 1858 
 
 Benjamin Fitzpatrick ...... 24 Jan. 1859 .......... 10 Feb. 1859 
 
 Solomon Foote ........... 18 July 18G1 .......... 6 Aug. 1861 
 
 Solomon Foote ........... 31 Mar. 1862 .......... 21 May 1862 
 
 Solomon Foote ........... 20 June 1862 .......... 17 July 1862 
 
 Solomon Foote ........... 18 Feb. 1863 .......... 4 Mar. 1863 
 
 Daniel Clark ............. 25 April 18G4 .......... 4 July 1864 
 
 Daniel Clark ............. 9 Feb. 1865 .......... 19 Feb. 1865 
 
 La Fayette S. Foster ..... 7 Mar. 1866 .......... 28 July 1866 
 
 La Fayette S. Foster ..... 13 Dec. 1 867 .......... 3 Mar. 1867 
 
 Benjamin F. Wade ....... 4 Mar. 1867 .......... 
 
 [6.] The senate shall have the sole power to try all HOW are im- 
 
 i TTT-L .L- r> 1 .L-L peachuienta 
 
 impeachments. When sitting ior that purpose, they tried? 
 shall be on oath or affirmation. When the President 
 of the United States is tried, the Chief-Justice shall 
 preside ; and no person shall be convicted without the 
 concurrence of two-thirds of the members present. TWO thirds? 
 
 39. For the doctrine of impeachment, see Peck s Trial, speeches 27, 191-194. 
 for the prosecution and defence ; Reports and Debates on the Im 
 peachment of the President, December, 1867. A judgment of im 
 peachment in the English House of Lords requires that at least 
 twelve of the members should concur in it; and "a verdict by 
 less than twelve would not be good." Com. Dig. Parliament. L. 
 17. The reasons why this power of impeachment was given to 
 the senate are fully discussed in the Federalist, and in Story on the 36, 37. 
 Const., and Rawle on the Const. Story s Const, 743-775, and 
 notes. The interest of the vice-president is supposed to disqualify Whore are 
 him. Story s Const., 777. For the action of the senate upon the impwich- 
 impeachment see the journal or record of the senate on trials f to"be found ? 
 impeachment, from March 4, 1780, to March 3, 1851: 1. On the 
 trial of William Blount, a senator of the United States, from 
 December 17, 1798, to January 15, 1799; 2. On the trial of John 
 Pickering, Judge of the New Hampshire District, from March 3, 
 1803, to March 12, 1803; 3. On the trial of Samuel Chase, one of 
 the Associate Justices of the Supreme Court of the United States, 
 from November 30, 1804, to March 1, 1805. The preceding cases 
 will bo found as an appendix to the third volume of the Legisla 
 tive Journal of the Senate ; 4. On the trial of James H. Peck, 
 Judge of the Missouri District, from May 11, 1830, to May 25, 
 1830 ; and from December, 13, 1830, to January 31, 1831. The 
 
82 IMPEACHMENT, 39, 40. [Art. I, Sec. 3, 4. 
 
 proceedings in this case will be found as an appendix to the Legis 
 lative Journal of the Senate of 1830, 1831, and also in volumes 
 called Peck s Trial, Blount s Trial, Pickering s Trial, and Chase s 
 
 7, 191, 194. Trial. For the mode of trial in cases of impeachment, see Story s 
 Const, 807-810; 2 Woodeson s Lect., 40, p. 603, 604; Jeffer 
 son s Manual, 53. 
 
 What is the The form of oath adopted by the Senate in Chase s case was as 
 ^^ ows " ^ou solemnly swear or affirm, that in all things apper 
 taining to the trial of the impeachment of , you will do 
 impartial justice according to the Constitution and laws of the 
 United States." (Chase s Trial, vol. 1, p. 12.) Report upon the 
 impeachment of the President, 62. 
 
 is the The question in Pickering s Case was : "Is John Pickering, dis 
 trict judge of the district of New Hampshire, guilty as charged in 
 
 the article of the impeachment exhibited against him by the 
 
 House of Representatives ?" Annals 2d Session 8th Cong. 364. In 
 
 Chase s trial it was : "Mr. , how say you; is the respondent, 
 
 Samuel Chase, guilty or not guilty of a high crime or misdemeanor, 
 as charged in the article of impeachment?" Ibid 2d Session 8th 
 Congress, 564.) 
 
 What is the [7.] Judgment in cases of impeachment shall not 
 impeach- extend further than to removal from office, and dis- 
 
 ment ? . , " 
 
 qualification to hold or enjoy any office of honor, trust, 
 or profit, under the United States ; but the party con 
 victed shall nevertheless be liable and subject to indict 
 ment, trial, judgment, and punishment, according to 
 law. 
 
 What means 4O. JUDGMENT here means the conclusion of law from the 
 
 judgment? facts found upon the charges preferred by the House. In the trial 
 
 27 4? 9 ^ Judge Peck for having disbarred a lawyer, the defence was 
 
 191 194 mam ly rested upon the right of the court to punish for contempt, 
 
 and the want of malice in the judge. Peck s Trial. Some have 
 Can tho questioned whether if the defendant be found guilty, the judgment 
 judgment be can be less than removal from office. Story s Const. 803. Shall not 
 mov-il? f re ~ exten d further, does not mean shall not exceed or fall short, but be 
 
 exactly removal and disqualification, and nothing else. Farrar, p. 
 
 434., note 1. 
 
 In England the punishment extends to the whole punishment 
 
 attached by law to the offense. (Comyn s Dig. Parliament, L. 4 1 ; 
 
 2 Woodeson. Lect, 40. p. 611-614), Story s Const., 784. Tho 
 
 sentence is limited to political punishment, and the party left to a 
 
 trial for the criminal violation of the law by a jury. Story s Const. 
 
 786. 
 How far does DISQUALIFICATION. The punishment touches neither his person 
 
 nor property ; but simply divests him of his political capacity. 
 
 Mr. Bayard, Blount s trial, 47-68, Phila., 1799. Id. 82. Slory s 
 
 Const., 803. 
 
01. 6, 7, 1, 2.] ELECTIONS, 41. 83 
 
 SEC. 4. [1.] The times, places, and manner of hold- who pr . 
 ing elections for senators and representatives, shall be SmJjlnd 8 
 prescribed in each State by the legislature thereof; but Section s? 
 the Congress may at any time by law make or alter IT 
 such regulations, except as to the places of choosing 13 
 senators. 
 
 41 . When the legislature of a State has failed to " prescribe the What is the 
 times, places, and manner" of holding elections, as required bypoweroftfce 
 the Constitution, the governor may, in case of a vacancy, in his governor? 
 writ of election, give notice of the time and place of election ; but 
 a reasonable time ought to be allowed for the promulgation of the 
 notice Efoge s Case, Cl. & Hall, 135. 
 
 This power of Congress has only been exercised so far as to HOW far hns 
 require the States to elect by districts, by the act of 1842, ch. 47. this power 
 (See Barnard s Protest, in December, 1843, and the debates of that J^ "^ 8 * 
 session,) and the election of Senators already referred to. These c ised? 
 acts re ate to the manner of elections, and the places so far as the 80 
 legislative halls are concerned in the election of senators. There 
 are those who contend that, under this power, the general powers, 274, 275. 
 and the thirteenth and fourteenth amendments, and the general What is 
 frame-work of the government, Congress may determine who shall eant b y 
 vote at the elections for representatives; but whatever may be and manner ? 
 said of other powers, the more settled opinion seems to be, that 
 the times relate to the days, the places to the precincts for voting, 274-279. 
 and the manner to the viva voce or ballot system, and the regula- 16-18. 
 tions for conducting the elections. 
 
 When Congress ..legislates on these points, the legislative " regu- what is the 
 lations" (which relate back to those three things) will cease, power of 
 Congress only has a superintending control. 1 Story s Const. Jj^JjJf 
 815-828. It cannot be said, with any correctness, that Congress subject ? 
 can, in any way, alter the rights or qualifications of voters. 1 
 Story s Const., 820. But it was argued differently by those who 17^ is. 
 opposed the ratification of the Constitution. Little was said in 
 the Conventions., The Federalist, Nos. 59, 60 ; 1 Elliot s Debates, 
 45-44, 67 68 ; 3 Id. 65, The Editor would say that the practice ot 
 the States as to inappropriate times, the vacancies which exist 
 when sessions are called, and the experience in regard to secession 
 and rebellion render expedient that Congress should fix upon some 
 rule of uniformity. 
 
 As to the place of " choosing senators." This means that Con- 80 
 gress shall not say where the legislature shall sit. Stop s Const., 
 | 828, note 2. The arguments of those who contend for the power 17, 18. 
 of Congress to determine who may vote, and who shall not be dis 
 franchised, have been presented by Mr. Farrar, 124-141. It is 
 now one of the irritating questions. ED. 
 
 [2.] The Congress sh:ill assemble at least once in what are 
 
 . i 11 i ^1 j A. the Sessions 
 
 every year : and such meeting shall be on the nrst O f Congress? 
 
84 SESSIONS-QUALIFICATIONS, 42, 46. [Art. I., Sec. 5, 
 
 Monday in December, unless they shall by law appoint 
 a different day. 
 
 When 42. The constitutional term of Congress does not expire until 
 
 expire ? twelve o clock at noon on the 4th of March. 11 Stat. Appendix ii. 
 
 Act of 22 43. " In addition to the present regular times of the meeting of 
 Jan., 1907. Congress, there shall be a meeting of the Fortieth Congress of the 
 St. 3 48. United States, and of each succeeding Congress thereafter, at 
 When are 12 o clock meridian, on the fourth day of March, the day on which 
 the tinies of foe term begins for which the Congress is elected, except that 
 meetings w h en the fourth of March occurs on Sunday, then the meeting 
 
 shall take place at the same hour on the next succeeding day." 
 When and So that each Congress is now divided into three sessions : The 
 for how g rs t commences on the fourth day of March, and may continue 
 its session until the first Monday in December ; the second com 
 mences on the first Monday in December, and may continue until 
 the next lirst Monday in December ; the third commences on the 
 
 first Monday in December, and must adjourn on the next fourth 
 day of March, by the dissolution of the Congress. 
 
 What are SEC. V. [1.1 Each house shall be the judge of the 
 
 the powers . ., .. . ., . 
 
 of each elections, returns, and qualifications of its own mem 
 bers ; and a majority of each shall constitute a quorum 
 to do business ; but a smaller number may adjourn 
 from day to day, and maybe authorized to compel the 
 attendance of absent members, in such manner, and 
 under such penalties, as each house may provide. 
 
 What arc 44. THE ELECTIONS in a general sense, means tho right to deter- 
 
 clection re- m ine who has been chosen by the " qualified electors " at the 
 
 q ualffica- "times and places" and returned, according to "the regulations" 
 
 tions ? prescribed by the laws of the States or by Congress wherein they 
 
 16-18, 29, 30, shall have been superseded. Each case usually depends upon its 
 
 own facts; and the object generally has been to ascercain who 
 
 has received the highest number of lawful votes. The necessity 
 
 and importance of this power discussed. Story s Const. 833. 
 
 The returns? 45. THE RETURNS from the State authorities are prima facie evi 
 dence only of an election, and. are not conclusive upon the house. 
 Spaulding v. Mead, Cl. & Hall, 16, 18, 29, 30, 41, 157; Reed v. 
 Cosden, Id. 353. And the refusal of the executive of a State to grant 
 a certificate of election, does not prejudice the right of one who 
 may be entitled to a seat. Richard s Case. Id. 95. 
 
 What of tho 46. The "QUALIFICATIONS," in its narrower sense, would doubt- 
 
 quoUflca- i egg re i a te to the age, citizenship, and inhabitancy of the applicant 
 
 19 41 35 as Defined m the second clause of section 2, art. 1, and the third 
 
 clause of section three of the same. But as the term " PERSON," if 
 
 taken alone, in both might include a female, a lunatic or an idiot, a 
 
 convicted felon, a person of notoriously bad character, or actually 
 
Cl. 1.] QUALIFICATIONS, 46. 85 
 
 at war with the United States, as during the rebellion, or one 
 coming from a State all of whose inhabitants are at war with 
 the United States, the term "qualifications" has, in practice, 275, 279. 
 received a more enlarged signification. Thus in the case of Mr. 
 Niles, in 1846, a committee was raised, in the senate, to inquire 
 into his mental capacity; the rebellion has caused a test oath, 
 which might reach persons in all the States, and does embrace 242. 
 majorities in some of them; a concurrent resolution was passed 70. 
 in 1866, in regard to the States lately in rebellion, which, it was 
 urged, limited this independent power of each house ; the four 
 teenth amendment of the Constitution looks to a new disqualified- 275-279. 
 tion, and all the reconstruction acts, it has been argued, intrench 
 upon this right. At the time of this writing one committee is 
 investigating the subject of the disqualifications of certain mem 
 bers from Kentucky, and another the question as to whether 
 Maryland has a u republican form of government" within the 233. 
 meaning of the Constitution. 
 
 It may be pretty strongly inferred from messages and speeches 
 of President JOHNSON, and certainly it has been very clearly 
 expressed by some of the opposition statesmen in the senate and 
 house, that after the acts of reconstruction, that is, the formation 
 of amended constitutions and elections under the proclamations of 
 the President, the "persons" so chosen were entitled to their seats 
 without any superadded qualifications" to those prescribed in this 277-279. 
 section, except the fact that they are " loyal men from loyal 
 States. 1 
 
 But the statesmen of the majority argue, that while these States 
 and these very members elected and returned, and the great bodies 
 of their constituents were claiming to be aliens to the United 
 States, and magistrates and people were engaged in war to resist 
 the authority of the government, they were not entitled to repre 
 sentation; and a fortiori they cannot send members with the 
 proper " qualifications " until the law-making power shall determine 233. 
 upon the terms of restoration; and that, certainly, the test oath is 
 a superadded disqualification, which the president s pardon cannot 242. 
 overcome. On the other hand, it has been argued that, as that oath 177. 
 has been decided to be unconstitutional in some cases, it is so as to 142, 143. 
 members who are willing to swear to support the Constitution ; that 242. 
 the president s pardon does remove all political disabilities; and 
 therefore, the test oath cannot apply to those who had been par 
 doned for their participation in the rebellion ; and that the action 
 of the people, under the authority of the president, restores those 
 btates and the c.itizens thereof, to all their rights, in statu quo ante 
 bdlum. These are the general arguments, for and against. The 
 whole subject is a case not discussed in the formation of the Con 
 stitution; it is without precedent, because the frame-work of our 
 government differs from all others ; therefore, the difficult problem 275-2S5. 
 must be worked out under its peculiar circumstances. 
 
 It is not within the plan of this work to give the opinions of the 
 Editor. It may not be improper to remark, however, that there 
 seems to be more difference as to who shall accomplish the work of 
 restoration than what shall be done to accomplish it. All seem to 
 
86 QUALIFICATIONS CONTEMPTS, 46-48. [Art. L, Sec. 5, 
 
 
 
 agree that there was a time when the seceded States could not 
 properly send members, even though such members possessed the 
 constitutional qualifications ; yet upon this the Constitution is silent. 
 So the words dishyalty and loyatty are not in it. Necessity had to 
 determine that those at war with the government could not vote on 
 the question of supplies. But the time when, the power which, and 
 the questions ho>u and to whom political rights shall be restored or 
 given, and indeed how far they are lost, are the matters of differ 
 ence. Of course the actors in the drama, who believe that the 
 ordinances of secession made the seceding States foreign and inde 
 pendent nations, and all the citizens who remained therein aliens, 
 209. and during the war alien enemies; that the "Confederate States " 
 became a lawful belligerent power, which was only forced "to yield 
 to superior numbers and means," have a kind of estoppel in limint, 
 for which there is no other answer than that the friends of the 
 United States held and have established the opposite theory. 
 
 The great misfortune in this and all political controversies is, 
 that in discussions men neither weigh well nor define their words. 
 
 I can only pray that, in future editions, facts and precedents may 
 enable the Editor to give the exact signification of terms. 
 
 Whatarethe [2.] Each house may determine the rules of its pro- 
 powers Of , . . , , / -I 1 1 1 1 
 
 each house? ceedings, punish its members lor disorderly behavior, 
 and, with the concurrence of two-thirds, expel a 
 member. 
 
 Where are 47. The " RULES " will be found in "Jefferson s Manual," and 
 ^ * n tne published manuals of each house. See Barclay s Digest ; 
 the standing rules printed by Francis Childs, in 1795; Jefferson 3 
 Manual; Dwarris on Statutes, 291; Hastel s Precedents; May s 
 Treatise upon the Law, &o., of Parliament ; Cushing s Rules of 
 Proceeding, Debate, &c. All these works should be carefully 
 studied by leading and efficient members of Parliamentary bodies. 
 1 Kent s Com. 238, and notes to llth edition, where will be found 
 an epitome of the rules. 
 
 What is the 48. This does not exclude the power to punish for contempts 
 ^ iers tnan raemDers of the house. The Constitution says nothing 
 of contempts. These were left to the operation of the common law 
 principle, that all courts have a right to protect themselves from 
 insult and contempt, without which right of self-protection, they 
 could not discharge their high and important duties. Nugent s 
 Case. 1 Am. L. J. 139; Anderson v. Dunn, 6 Wh. 204; 1 Story s 
 Const. 845-9 ; Bolton v. Martin, 1 Dall. 296 ; Sam. Houston s 
 Case, 1 1 vol. of Benton s Condensed Debates, pp. 644, 658, where 
 the whole case for striking Stanberry for words spoken in debate is 
 given. This was a contempt not committed in the presence of the 
 House, but upon the avenue, for words spoken arid published. 
 Houston was not a member of the House, and was punished by 
 reprimand. Punishment for a breach of privilege should only bo 
 iunict.-d in cases of strong necessity. (Jarvis s Case, and Randolph 
 k Whitney s Case); Houston s Case, 11 Beaton s Debates 658. 
 
Cl. 2, 3.] CONTEMPTS EXPULSION, 49, 50, 51. 87 
 
 "Whatever may hare a tendency to impair the freedom of debate, or 
 to detract from the independence of the representatives of the 
 people, is a breach of privilege. Id. 669. See the question dis 
 cussed. Jefferson s Manual ; Tucker Blackstone App. note 200, 
 205 ; 1 Story on the Const. 845-850, 3 ed. 
 
 49. It seems to be settled that a member may be expelled for For what 
 any misdemeanor which, though not punishable by any statute, is P^K" ^ m ~ 
 inconsistent with the trust and duty of a member. Blount s Case, p ( e n et i e 
 
 1 Story s Const. 838 ; Smith s Case, 1 Hall s L. J. 459 ; Brooks 
 Case, for assaulting Senator Sumner in the Senate Chamber, for 193, 194. 
 words spoken in debate. It extends to all cases where the offense 
 is such, as in the judgment of the House, unfits him for parliamen 
 tary duties. (1 Bl. Com. 163; Id. Christian s note, 167; Rex. v. 
 Wilkes, 2 Wilson s R. 251 ; Com. Dig. Parliament G. 5 ; 1 Hall s 
 Law Journ., 459, 466). 1 Story s Const. 838. 
 
 The Sergeant-at-arms has no authority to arrest by deputy. F. 
 B. Sandborn s Case, 1 Kent s Com. 11 ed. 236, note 2. 
 
 The power to punish for contempt is inherent in all legislative Whence are 
 assemblies. 1 Kent s Com. 236. This has been denied in Eng- the powers 
 land. (Kelly v. Carson, 4 Moore Privy Council ; 63 Fenton v. ae 
 Hampton, 11 Id. 347). Id.; Rex v. Flower, 8 T. 314; Yatea v. 
 Lansing, 9 John. 417. And see 1 Story s Const. 3d ed. 845, 
 850, and his notes which exhaust the authorities. 
 
 William Blount was expelled for an attempt to seduce an United 193, 19-t 
 States interpreter from his duty, and to alienate the affections and 
 confidence of the Indians from the public officers residing among 
 them, &c. (Journals of the Senate, 8th July, 1797 ; Serg. Const. 
 Ch. 28, p. 286), Story s Const. 804. 
 
 50. On the 14th March, 1861, the Senate passed the following Who were 
 resolution : " Whereas the seats of Albert G. Brown and Jefferson expelled for 
 Davis of Miss., Stephen R. Mallory of Florida, Clement C. Clay, jjjfijjtk 
 jr. of Ala., Robt. Toombs of Ga., and Judah P. Benjamin of rebellion? 
 Louisiana, having become vacant: Therefore, Resolved, that the 
 Secretary be directed to omit their names respectively from the 
 
 roll." Senate Journal, 14 March, 1861. Jesse D. Bright of Indiana, 
 was also expelled for treasonable correspondence with Jefferson 
 Davis. Senate Journal, 1 March, 1861. 
 
 [3.] Each house shall keep a journal of its proceed- What is tho 
 ings, and from time to time publish the same, except- Journals? 
 ing such parts as may, in their judgment, require 
 secrecy ; and the yeas and nays of the members of Yeas and 
 either house, on any question, shall, at the desire of n< 
 one-fifth of those present, be entered on the journal. 
 
 51. The object is to ensure publicity. Story s Const. 840. What is tho 
 These journals have been published in various editions and are object of tho 
 valuable sources of information. journu 
 
88 COMPENSATION", 51-55. [Art. L, Sec. 5, 6. 
 
 Yeaa and " YEAS AND NAYS " are simply a call for the record of each mem 
 ber s vote upon the questions stated by the Speaker. 
 
 state the [4.] Neither House, during the session of Congress, 
 adjourn- shall, without the consent of the other, adjourn for 
 
 meats. TIT i 
 
 more than three days, nor to any other place than that 
 in which the two houses shall be sitting. 
 
 What is the 52. This places Congress independent of the President, except 
 object of the m case s of disagreement. Story s Const. 843. 
 power ? 
 
 HOW of SEC. VI. [1.] The Senators and Representatives 
 
 compensa- -, ,, . A . ,, , i . 
 
 tion? shall receive a compensation for their services, to be 
 
 ascertained by law, and paid out of the treasury of the 
 United States. They shall, in all cases, except treason, 
 
 Privileges ? felony, and breach of the peace, be privileged from 
 arrest, during their attendance at the session of their 
 respective houses, and in going to, and returning from 
 the same ; and for any speech or debate in either 
 House, they shall not be questioned in any other 
 place. 
 
 What is the 53. COMPENSATION. The rate of compensation or pay has been 
 
 compensa- several times increased to meet the exigencies of the diminished 
 
 bear s? m " value of money. 1 Story s Const. 858. It is now five thousand 
 
 dollars per annum for the Senators and Representatives, and eight 
 
 thousand dollars for the Speaker ; and twenty cents a mile, by the 
 
 nearest usually traveled route. 14 St. p. 323 17. 
 
 The members of the British Parliament receive no compensation. 
 (1 Blackst. Com. 174, and Christian s note 34); Story s Const. 
 853. The subject is one on which there was much division in 
 the Convention. (Journal of the Convention, 67, ] ] 6-119, 142-151 ; 
 2 Elliot s Debates. 279, 280; 4 Elliot s Debates, 92-99. The 
 reasons for and against discussed. Rawle on the Const, ch. 18, p. 
 179); Story s Const, 854-858. See Confederation, ante Art. V., 
 p. 11. 
 
 ir<>w fixed? 54. "To BE ASCERTAINED BY LAW," removes the subject from 
 And why? the pride and parsimony, the local prejudices and local habits of any 
 M - section of the Union. (3 Elliot s Debates, 279.) Story s "Const. 
 857. 
 
 What are 55 THIS PRIVILEGE, which means freedom from arrest, has be- 
 their ^ privi- longed to all legislative bodies on the Continent, and immemo- 
 
 rially to the English Parliament. (1 Black. Com. 164, 165; 
 
 Com. Dig. Parliament D. 17; Jefferson s Manual, 3, Privilege; 
 
 Benyon v. Evelyn, Sir 0. Bridge. E. 334.) 1 Story on Const 
 
01. 4, 1.] PRIVILEGE-ARREST, 55-61. 89 
 
 859. It could not be surrendered without endangering the public 
 liberties, as well as the private independence of the members. 
 (1 Kent s Com. Lect. 11. BoLton v. Martin, Dallas 296. Coffin v. 
 Coffin, 4 Mass., R. 1) Story s Const. 869. See Ante Art. V., p. 1 1. 
 It is not merely the privilege of the member or his constituents, 
 but the privilege of the House also. And every man must at his 
 peril take notice who are the members of the house returned of 
 record. (4 Jefferson s Manual, 4), 1 Story s Const. 860. 
 
 56. "TREASON, FELONY, OR BREACH OF THE PEACE." This From what 
 would seem to extend to all indictable offenses, as well those which ounces? 
 are in fact attended with force and violence, as those which are 
 
 only constructive breaches of the peace of the government, inas 
 much as they violate its good order. 1 Bl. Cora. 166; 1 Story s 192,194, 
 Const. 865. The words were borrowed from the common law, 
 14 Inst. 25 ; 1 Black. Com. 165 ; Com. Dig. Parliament D. Breaches 
 of the peace include libels. Rex v. Wilkes, 2 Wilson s R. 151.) 
 Story s Const. 865. 
 
 57. ARREST. They are privileged not only from arrest, both on From what 
 judicial and mesne process, but also from the service of a summons )^|f ? privl ~ 
 or other civil process, while in attendance on their public duties. 
 Geyer s Lesse v. Irwin, 4 Dall. 107 ; Nones v. Edsall, 1 Wall. Jr. 
 
 191; 1 Story s Const. 860; Coxe v. McClenachau, 3 Dall. 478. 
 Jefferson s Manual, 3 and 4. 
 
 The privilege is personal and does not extend to servants or 
 property. It is only for a reasonable time, eundo, morando, et ad 
 propria redeundo. (Holliday v. Pitt, 2 Str. R. 985 ; S. C. Cas. 
 Temp. Hard. 28; 1 Black. Com. 165, Christian s note 21; Barnard 
 v. Mordaunt, 1 Kenyon R. 125 ; 4 Jeff. Manual, 3); Story s Const. 
 861, 862, 864. 
 
 58. THE EFFECT of the arrest is, that it is a trespass db inilio, What is the 
 actionable and indictable, and punishable as a contempt of the house. effcct of the 
 (1 Black. Com. 164-166; Com. Dig. Parliament D. 17; Jefferson s an 
 Manual, 3.) Story s Const. 863. The member may also be dis 
 charged by motion to a court of justice, or upon a writ of habeas cor 
 pus. (Jefferson s Manual, 3 ; 2 Str. 990 ; 2 Wilson s R. 151 ; 
 
 Cas. Temp. Hard. 28). 1 Story s Const. 863. 
 
 59. The privilege from arrest commences from the election and "When does it 
 before the member takes his seat or is sworn. (Jefferson s Manual, commence? 
 3; but see Comyn s Dig. Parliament D. 17.) Story s Const. 864. 
 
 60. One who goes to Washington duly commissioned to repre- In whose fa 
 sent a State in Congress, is privileged from arrest, eundo, morando et vor? 
 redeundo; and though it be subsequently decided by Congress, that 
 
 he is not entitled to a seat there, he is protected until he reaches 
 home, if he return as soon as possible after such decision. Dunton 
 v. Halstead, 4 Penn. L. J. 237. 
 
 61. "AND FOR ANY SPEECH OR DEBATE IN EITHER HOUSE THEY What is free 
 SHALL NOT BE QUESTIONED IN ANY OTHER PLACE." ? 
 
 This secures the freedom of debate. (2 Wilson s Law Sect. 156 ; 246, 247. 
 1 Black. Com. 164, 165.) Story s Const. 866. 
 
90 PRIVILEGE, 61, 62, 63. [Art. I., Sec. 6, 7, 
 
 But this privilege is strictly confined to words spoken in the 
 course of parliamentary proceedings, and does not cover things done 
 beyond the place and limits of duty. (Jefferson s Manual, 3) 
 Story s Const. 866. 
 
 The privilege does not cover the publication of the speech by the 
 member. (The King v. Creevy, 1 Maule and Selvr. 273. Coffin v. 
 Coffin, 4 Mass. R. .1) But see Houston s Case (Doddridge and Bur 
 gess Speeches in 1832). Story on Const. 866. 
 
 From what [2.] No senator or representative shall, during the 
 
 senators Md time for which he was elected, be appointed to any civil 
 
 tfvesexdud- office under the authority of the United States, which 
 
 shall have been created, or the emoluments whereof 
 
 shall have been increased, during such time ; and no 
 
 person holding any office under the United States, shall 
 
 be a member of either house during his continuance in 
 
 office. 
 
 How does 62. The acceptance by a member of any office under the United 
 
 the accept- States, after he has been elected to, and taken his seat in congress, 
 
 office vacate operates as a forfeiture of his seat. Van .Ness s Case, Cl. & Hall, 
 
 another ? 122; Yell s Case in 1846-7. Yell had been elected a volunteer 
 
 colonel in Arkansas, and marched to Mexico. He did not resign; 
 
 but the governor ordered an election, and Newton was elected, and 
 
 served out the term. Continuing to execute the duties of an office 
 
 25. under the United States, alter one is elected to Congress, but before 
 
 he takes his seat, is not a disqualification, such office being resigned 
 
 prior to the taking of the seat. Hammond v. Herrick, Cl. & Hall, 
 
 287; Earle s Case, Id. 314; Mumford s Case, Id. 316. 
 
 A person holding two compatible offices or employments under 
 25. the government is not precluded from receiving the salaries of both, 
 &c. (Converse v. The United States, 21 How. 463.) 9 Op. 508. 
 
 6*8. " DURING THE TIME FOR WHICH HE WAS ELECTED" does not 
 rc;ich the whole evil. (Rawle on the Const, ch. 19, p. 184; 1 
 Tucker s Black. App. 375.) Story s Const. 867, 868. 
 
 What is the A collector cannot, at the same time, hold the office of inspector 
 eflVct of of customs and claim compensation therefor. Stewart v. The United 
 
 oilices ? On the acceptance and qualification of a person to a second office, 
 
 incompatible with the one he is then holding, the first office is ipso 
 facto vacated. (The People v. Carrique, 2 Hill, 93.) It operates 
 25. as an implied resignation ; an absolute determination of the original 
 office. (Rex v. T.elawney. 3 Burr, 1616; Millward v. Thatcher, 2 
 T. R. 87; Wilcoc-k on Municipal Corp. 240, 617; Ang. & Ainoa 
 on Corp. 255.) Paschal s Annotated Digest, note 200, p. 67 ; Bien- 
 
 court v. Parker, 27 Tex. 262. 
 inhere must 
 
 veuie a buE? SEC. VII. [1.] All bills for raising revenue shall 
 
01. 1, 2.] EEVENUE, VETO, 64, 65. 91 
 
 originate in the house of representatives; but the 
 senate may propose or concur with amendments, as on 
 other bills. 
 
 64. This is copied from a rule governing the English Parlia- What are 
 merit. Story s Const. 864. The reason is that the commons or bills? 
 members of the house are the immediate representatives of the 
 people. Id. Bills are the forms of enactments before they are acted 
 
 upon by the house. Those for raising revenue are generally framed 
 upon the estimate of the heads of departments. 
 
 65. REVENUE. That which returns or is returned; a rent, Whrt is rev- 
 (reditus); income; annual profit received from lands or other pro- enue? 
 perty. (Cowell). Burrill s Law Die. REVENUE. 
 
 Here it means what are technically called " money bills." Story s 
 Const. 874. In practice it is applied to bills to levy taxes in the 
 strict sense of the word. (2 Elliot s Debates, 283, 284). Story s 
 Const. 880. And see 1 Tucker s Blacks. App. 261. 
 
 [2.1 Every bill which shall have passed the house of What is the 
 
 T , T n 1 r- i manner of 
 
 representatives aud the senate, shall, before it become passing 
 a law, be presented to the President of the United 
 States ; if he approve, he shall sign it, but if not, he 165. 
 shall return it, with his objections, to that house in 
 which it shall have originated, who shall enter the What of the 
 objections at large on their journal, and proceed to 
 reconsider it. If, after such reconsideration, two-thirds 
 of that house shall agree to pass the bill, it shall be 
 sent, together with the objections, to the other house, HOW over- 
 by which it shall likewise be reconsidered, and if ap 
 proved by two-thirds of that house, it shall become a 
 law. But in all such cases the votes of both houses 
 shall be determined by yeas and nays, and the names 
 of the persons voting for and against the bill shall be 
 entered on the journal of each house respectively. If 
 any bill shall not be returned by the president within if the bin 
 ten days (Sundays excepted) after it shall have been turned ? e ~ 
 presented to him, the same shall be a law, in like man 
 ner as if he had signed it, unless the Congress by their 
 adjournment prevent its return, in which case it shall 
 not be a law. 
 
92 VETO, 66, 67. [Art. I., Sec, 7, 
 
 "When do 66. Every bill takes effect as a law, from the time when it is 
 bills take approved by the president, and then its effect is prospective, and 
 not retrospective. The doctrine that, in law, there is no fraction 
 of a day, is a mere legal fiction, and has no application in such a 
 case. In the matter of Richardson, 2 Story, 571 ; People v. Camp 
 bell, 1 Cal. 400. But this is denied to be law. In the matter of 
 Welman, 20 Verm. 653; In the matter of Howes, 21 Id. 619. 
 The practice of the presidents has been not to approve bills, not 
 signed by the presiding officers before their actual adjournment. 
 Can we so We cannot go behind the written law. An act of Congress 
 neoonff exam ^ ne ^ and compared by the proper officers, approved by the 
 president and enrolled in the Department of State, cannot after 
 wards be impugned by evidence to alter and contradict it. 9 Op. 
 2,3. 
 
 "What is the 67. This returning of the bill commonly called the " VETO 
 veto power? POWER," is simply the negative power of the president, which exists 
 in the English Parliament. But the king s veto or negative is a 
 final disposition of the bill. 1 Blacks. Com. 154. The privilege is 
 a part of the king s prerogative never exercised since 1692; 1 
 Kent s Com. 226-229 ; De Lolme on Const, ch. 17, p. 390, 391. 
 Define the "VETO;" I (FORBID), the word by which the Roman tribunes 
 word ? expressed their negative against the passage of a law or other pro 
 
 ceeding, which was also called interceding, (inter cedere). (Adams 
 Roman Ant. 13, 145, 146.) Burrill s Law Die. VETO. And see 1 
 Wilson s Law Lect. 448, 449; the Federalist, No. 51, 69, 73; Rawle s 
 Const. Ch. 6, p. 61, 62 ; Burke s letter to the Sheriffs of Bristol in 
 1777, for the reasons why the exercise has been forborne. 
 What are its It is intended as a defence of the executive authority, and also as 
 objects? an additional security against rash, immature, and improper laws. 
 Idem, and Story s Const. 881-893. 
 
 The veto power was rarely exercised and never overcome during 
 the first forty years of the government. (Story s Const. 888.) 
 
 The most notable instances of its exercise to prevent legislation, 
 which had really not been made issues in the popular contests for 
 the presidency, were the vetos of President Jackson of the renewal 
 74, 81. of the charter of the United States bank in 1832 ; and also of his 
 veto of the Maysville Turnpike road. In both these messages the 
 constitutional power of Congress was denied. 
 
 In the exciting contest of 1840, the recreation of a National bank 
 
 was one of the favorite issues of the successful party. But Vice- 
 
 President Tyler, having succeeded to the presidency, after the 
 
 37. death of General Harrison, the exercise of the negative power 
 
 created an obstacle which could not be overcome by a two-thirds vote. 
 
 166. Some Internal improvement measures and the French Spoliation 
 
 appropriations were also defeated by the negatives of President 
 
 Polk. But the most notable instances of the exercise of the power 
 
 have been during the administration of President Johnson. 
 
 First, in 1866, the defeat of what is called the " Freedmen s 
 Bureau bill," may be classed among the measures incident to his 
 tory, where the two-thirds majority could not be found to overcome 
 the negative of the executive. But the passage of the " Civil Righta 
 bill " and the several acts for the reconstruction of the rebel states 
 
01. 2, 3.] VETO, KESOLUTION, 67, 70. 93 
 
 (found in this volume), are the first instances wherein important 
 measures have been passed by the requisite two-thirds majority. 275-279. 
 And as the president urged the unconstitutionally of the measures,- 
 particularly the last, the question of the duty of the executive to see 
 the laws faithfully executed, which he still believes to be unconsti 
 tutional, or still to urge his objections after they had been over 
 come, according to prescribed forms, is for the first time before the 
 judgment of the nation. The very fact that the measures are in 
 regard to States, which the president contends are entitled to repre- 46. 
 sentation, may have no small influence upon his judgment. Presi 
 dent s Message, Dec., 1861. 
 
 6. "Two THIRDS." On the 7th July, 1856, the senate of the What is a 
 United States decided, by a vote of thirty-four to seven, that two- Quorum? 
 thirds of a quorum only were requisite to pass a bill over the presi 
 dent s veto, and not two-thirds of the whole senate. 9 Law Rep. 
 196. In the ratification of treaties, it is expressly provided that 
 two-thirds of the senators present shall concur. And see Cushing s IIS. 
 Law of Legislative Assemblies, 2387 ; see Story s Const. 891 ; 
 1 Kent s Com. 249, note b. 
 
 69. The president must receive the bill ten entire days before What of the 
 adjournment, or it will not become a law. Hyde v. White, 24 Tex. ten da y s? 
 143, 145 ; Paschal s Annotated Dig. note 193, p. 62. 
 
 [3.1 Every order, resolution, or vote, to which the what shaii 
 
 J . . .. be luvsc-nu-d 
 
 concurrence of the senate and house of representatives to the presi- 
 may be necessary (except on a question of adjourn 
 ment), shall be presented to the President of the Uni- 52. 
 ted States ; and before the same shall take effect, shall 
 be approved by him ; or being disapproved by him, 244. 
 shall be repassed by two-thirds of the senate and house 
 of representatives, according to the rules and liinita- Has he tho 
 
 i T ^ / i -n veto? 
 
 tions prescribed in the case of a bill. 67. 
 
 70. A JOINT RESOLUTION approved by the president, or duly Have joint 
 passed without his approval, has all the effect of law. But sepa- ^JjJfJjJ^ 
 rate resolutions of either house of congress, except in matters ap- lu \y ? e 
 pertaining to their own parliamentary rights, have no legal effect to 
 constrain the action of the president, or of the heads of depart- 46. 
 ments. 6 Opin. 680. 
 
 The " concurrent resolution" of 1866 in reference to the States 
 in rebellion, not being admitted by either house, was not sub 
 mitted to the president. 
 
 The reason for the exception as to adjournments is, that this is a Why the ex- 
 power peculiarly fitted to be exercised by the two houses in order ception as to 
 to secure their independence and prompt action. Story s Const, ^en"" 
 892. 52. 
 
94 POWER, TAXES, 71, 72. [Art. I., Sec. 8, 
 
 with what SEC. VIII. The Congress shall have power 
 
 limit-itioi)8 
 
 is the word 71. POWER. In this connection means authority to enact. It 
 
 pmcer to be j s to b e taken in connection, 1, with the general declaration of the 
 
 nsu orei . g rgt sect j on; ^hat K a }j legislative POWER herein granted shall be 
 
 41,48. vested in a Congress of the United States;" 2, with the last clause 
 
 in this section, * to make all laws which shall be necessary and 
 
 133. proper for carrying into execution the foregoing powers, and all 
 
 other powers vested by this Constitution in the government of the 
 
 142, 144. United States, or in any department thereof;" 3, with the inhibi- 
 
 268, 269. tions in the 9th and 10th sections of this article; 4, with the IXth 
 
 l, 148. and Xth amendments; 5, with all the necessary powers growing 
 
 out of other subjects contemplated by the Constitution. 
 
 Arc the fol- Although the powers here following have been called by Mr. 
 lowing prop- Hamilton. Mr. Jefferson, Mr. Madison, and almost by universal cus- 
 a ted powers? * om "enumerated powers," and are generally divided by Arabic num 
 bers into eighteen clauses, yet it will be seen by reference to the 
 Note p. 28, authentic copy printed from the original, that, like the versification 
 3y - in the Bible, the enumeration has been the work of printers. Yet 
 
 269. the practice of calling these special powers "enumerated" has too 
 long obtained to ever be abandoned. Hamilton : Federalist, No. 
 83 ; Jefferson: Opinion on the Bank. 1781 : Madison ; Veto Message 
 of 1817 ; Monroe: veto message of 1822 ; Farrar, 283-288; Story s 
 Const. 981. 
 
 Were the fol- The powers specifically granted to Congress are what are catted 
 
 lowing spe- cnumerat d powers, and are numbered in the order in which they stand. 
 
 actually 6 *" ( Monroe ! 4tn May, 1822.) Story s Const. 981. Certified copies 
 
 enumerated of the Constitution have been printed by Hickey, Curtis, and Far- 
 
 in the origi- r ar, and now by the author, in which the enumeration of articles and 
 
 the constitu- sec ^ ons appear; but there is none for the clauses. For convenience 
 
 tion? the enumeration of clauses is retained in [brackets]. The editor 
 
 does not partake of the belief that the habit of calling the following 
 
 powers enumerated has been a fruitful source of misconstruction ; 
 
 for without the figures every mind would number them for itself. 
 
 what are [2.] To lay and collect taxes, duties, imposts, and 
 
 and objects excises ; to pay the debts and provide for the common 
 
 defense and general welfare of the United States ; but 
 
 all duties, imposts, and excises shall be uniform through 
 
 out the United States. 
 
 Define tax- ] 72. * TAXES." Taxare. In the civil law. To rate or value. 
 es? Calv. Lex. To lay a tax or tribute. Spellman. In old English 
 
 22,23. practice, to assess; to rate or estimate; to moderate or lay an 
 
 assessment or rate. Burrill s Law Die., TAX. A rate or sum of 
 money assessed on the person or property of a citizen, by govern 
 ment, for the use of the nation or State. (Webster.) In a general 
 sense any contribution imposed by government upon individuals, 
 for the use and service of the State; whether under the name of 
 toll, tribute, tallage, gabel, impost, duty, custom, excise, subsidy, 
 aid, supply, or other name. (Story, Const. 472; 1 Kent s Com. 
 254-257. Burrill s Law Die., TAXES ; Tomlin s Law Die. TAX. 
 
 
01, 1.] TAXES, DUTIES, IMPOSTS, 73-76. 95 
 
 In a stricter sense a rate or sum imposed by government upon what in a 
 individuals (or polls), lands, houses, horses, cattle, possessions, and stricter 
 occupations; as distinguished from customs du.ies, imposts, and seus 
 excises. (Id. ; Webster.) This is the ordinary sense of the word. 
 In New York, the term tax has been held not to include a street 
 assessment. 1 Johns. 77, 80; Sharp v. Spear, 4 Hill, 76; People 
 v. Brooklyn, 4 Comst. 419.) Literally, or according to its del i- What liter- 
 vation an imp isition -laid by government upon individuals, accord- all y ? 
 ing to a certain order and proportion, (tribuium certo vrdine consti- 22. 
 tutum). (Spelrnan, voc. TAXA) Id. Distinguished from eminent 144 
 domain. People v. Brooklyn. 4 Comst. 422-425; s. C. 6 Barb. 214. 
 "Taxes" means burdens, charges, or impositions, put or set upon 
 persons or property for public uses ; and this is the definition 
 which the Code gives to tailage. 2 Inst. 522; Garth. 438 ; Matter 
 of the Mayor, &c. 11 John. 80. 
 
 73. THE POWER TO LAY AND COLLECT taxes, duties, imposts, and Over what 
 excises, is co-extensive with the territory of the United States, extent of 
 Loughborough v. Blake, 4 Wh. 317. C U 22/23. 
 
 The power of taxation, as a general rule, is a concurrent power. HOW far is 
 The qualifications of the rule are the exclusion of the States from the power 
 the taxation of the means and instruments employed in the exer . concurreilf * 
 cise of the functions of the federal government. Van Allen v. The 
 Assessors, 3 Wallace, 585. 
 
 74. The States possess the power to tax the whole of the inter- What power 
 est of the shareholder in the shares held by him in the national h , av tjl 
 banks. Van Allen v. The Assessors, 3 Wallace, 588 ; approved, j*^" to 
 Bradley v. Tiie People, 4 Wallace. 462. Chief- Justice Chase, in a 
 dissentient opinion for himself and Justices Wayne and Swayne, 
 reviewed McCulloch v. Maryland, 4 Wheat. 327, and Osborn v. 
 
 the Bank of the United States, 9 Wheat. 73, Weston v. The city of 
 Charleston, 2 Pet. 449, and questioned the power of Congress to 
 authorize State taxation of national securities, either directly or indi 
 rectly. Van Allen v. The Assessors, 3 Wallace, 593. 
 
 A city cannot tax United States property within its limits. 9th What limi- 
 Op. 291. -4 tation as to 
 
 The jurisdiction of the States for the purposes of State taxation is the 6tates ? 
 supreme, and Congress can have no power or control in this regard. 
 State Treasurer v. Wright, 28 111. 509; Gibbons v. Ogden, 9 Wh. 199. 
 
 The State has the right to collect taxes in gold or silver coin only; 82. 
 and Congress cannot control by its legal tender laws. State Treas 
 urer v. Wright, 28 111. 509. 
 
 The States cannot impose a tax upon the salaries of federal offi- 97, 99, 155. 
 cers. (Dobbins v. The Commissioners of Erie County, 16 Pet. 435.) 
 9th Op. 477. 
 
 75. DUTIES. Almost equivalent to taxes and perhaps synonym- What are 
 ous with the imposts. (Federalist Nos. 30,36. Madison s letter dlltius ? 
 to C abell. 18th Sept. 1828; 3 Elliot s Debates, 289.) Story s Const. 72, 76. 
 952; Hylton v. The United States, 3 Ball. 171, 177. 
 
 76. IMPOSTS. A custom or tax levied on articles brought into a Define im- 
 country. (United States v. Tappan, 11 Wheat. 419. A dutyonP 06ts? 
 
96 EXCISES, 76, 77. [Art. I., Sec. 8, 
 
 imported goods and merchandise. Story s Const. 952. Id. 75. 
 Abridgment, 472. Burrill s Law Die. IMPOST. In a large sense, 14-1. 
 any tax, duty or imposition. Id. 
 
 77. EXCISE. An inland imposition upon commodities, charged What are 
 in most cases on the manufacturer. 2 Steph. Com. 579. A duty, excises? 
 or tax on certain articles produced or consumed at home. 14 i. 
 "VYharton s Lex. EXCISE. 1 Bl. Com. 318. It includes also the 
 duties on licenses and auction sales. 2 Steph. Com. 581 ; 3 Id. 
 314. And see Story s Const. 953. Andrews Rev. Laws, 133; 
 Burrill s Law Die. EXCISE. 2 "Elliot s Debates, 209. Generally the 
 opposite of imposts. Story s Const. 953. 
 
 Licenses under the act of June 30, 1864, "to provide internal What 
 revenue to support the government, &c." (13 Stat. 223), and the authority 
 amendatory acts, conveyed to the licensee no authority to carry on ^nt/owi* 
 the licensed business within a State. License Tax Cases, 5 Wai- fart 
 lace, 462. The requirement of payment for such licenses is only a 
 mode of imposing taxes on the licensed business, and the prohibi 
 tion under penalties, against carrying on the business without license 
 is only a mode of enforcing the payment of such taxes. The pro 
 visions of the act of Congress requiring such licenses, and 
 imposing penalties for not taking out and paying for them, are not 
 contrary to the Constitution or to public policy. Id. 
 
 The provisions in the act of July 13, 1866, "to reduce internal 
 taxation, &c." (14 Stat. 93), for the imposing of special taxes, in 
 lieu of requiring payment for licenses, removes whatever ambiguity 
 existed in the previous laws, and are in harmony with the Consti 
 tution and public policy. Id. 
 
 The recognition by the acts of Congress of the power and right 73. 
 of the States to tax, control, or regulate any business carried on What is the 
 within its limits is entirely consistent with an intention on the part power of tho 
 of Congress to tax such business for national purposes. 
 
 A license from the Federal Government, under the internal rev 
 enue acts of Congress, is no bar to an indictment under a State law 267. 
 prohibiting the sale of intoxicating liquors. The License Tax 
 Cases, 5 Wallace, 462 ; Pervear v. Commonwealth ; 5 Wallace, 475. 
 
 But very different considerations apply to the internal commerce What are 
 or domestic trade of the States. Over this commerce and trade the t^l 1 ",.* 
 Congress has no power of regulation nor any direct control. This 
 power belongs exclusively to the States. No interference by Con 
 gress with the business of citizens transacted wiihin a State is 
 warranted by the Constitution, except such as is strictly incidental 
 to the exercise of powers clearly granted to the legislature. Per 
 vear v. Commonwealth, 470, 471. 
 
 The provisions in the act of July 13, 1866, " to reduce internal 
 taxation, &c." (14 Stat. 93), for the imposing of special taxes, in 
 lieu of requiring payment for licenses, removes whatever ambiguity 
 existed in the previous laws, and are in harmony with the consti- 
 tion and public policy. Id. 
 
 The recognition by the acts of Congress of the power and right 
 of the States to tax, control, or regulate any business carried on 
 within its limits is entirely consistent with an intention on the part 
 of Congress to tax such business for National purp: ses. 
 
Cl. 1.] PUBLIC DEBT, 77, 78. 97 
 
 A license from the Federal Government, under the internal 
 revenue acts of Congress, is no bar to an indictment under a State 26T. 
 law prohibiting the sale of intoxicating liquors. (The License Tax 
 Cases, 5 Wallace, 4G2 affirmed.) Pervear v. The Commonwealth, 
 5 Wallace, 475. 
 
 A law of a State taxing or prohibiting a business already taxed Of prohibit- 
 by Congress, as ex. gr n the keeping and sale of intoxicating OI T lllws ? 
 liquors, Congress having declared that its imposition of a tax 
 should not be taken to abridge the power of the State to tax or 
 prohibit the licensed business is not unconstitutional. Id. 
 
 78. " To PAY THE DEBTS." The arrangement and phraseology What moans 
 (connected with what follows) shows that the latter part of the to P a y tlie 
 clause (" To provide for the common defence and general welfare,") 79 o 
 was intended to enumerate the purposes for which the money thus 
 raised was intended to be appropriated. (President Monroe s Mes 
 sage of 4th Dec. 1822.) Story s Const. 978-981. 74-77. 
 
 This power to collect taxes, imposts, and excises, subjects to the 
 call of Congress every branch of the public revenue, internal and 
 external. (Monroe, Id.) Story s Const. 981. And these powers 
 give the right of appropriating to the purposes specified, according 
 to the proper construction of the terms. Id. 
 
 Statement of the public debt on the 1st day of January in each of the Examine the 
 years from 1 791 to 1842, inclusive, and at various dates in sub- statement of 
 sequent years to July 1, 1866. debt ? 
 
 On the 1st day of January 1791 $ 75,463,476 52 
 
 1792 77,227,92466 
 
 1793 80,352,63404 
 
 1794 78,427,40477 
 
 1795 80,747,58738 
 
 1796 83,762,17207 
 
 1797 82,064,47933 
 
 1798 79,228,52912 
 
 1799 78,408,66977 
 
 1800 82,976,29435 
 
 1801 83,038,05080 
 
 1802 80,712,63225 
 
 1803 77,054,68630 
 
 1804 86,427,120 88 
 
 1805 82,312,15050 
 
 1806 75,723,270 66 
 
 1807 69,218,39864 
 
 1808 65,196,31797 
 
 1809 57,023,19209 
 
 1810 53,173,217 52 
 
 1811 48.005,587 76 
 
 1812 45,209,73790 
 
 1813 55,962,827 57 
 
 1814 81,487,84624 
 
 1815 99.833,660 15 
 
 1816 127,334,933 74 
 
 1817 123,491,965 16 
 
98 
 
 PUBLIC DEBT, 78. 
 
 [Art. I., Sec. 
 
 On the 1st day of January 1818 103,466,693 83 
 
 1819 95,529,64823 
 
 1820 91,015,566 15 
 
 1821 89.987,427 66 
 
 1822 93 ,546,676 98 
 
 1823 90,875,877 28 
 
 1824 90,269,77777 
 
 1825 83,788,43271 
 
 1826 81,054,05999 
 
 1827 >. 73,987,357 20 
 
 1828 67,475,04387 
 
 1829 58,421,41367 
 
 1830 48,565,40650 
 
 1831 39,123,191 68 
 
 1832 24,322,235 18 
 
 1833 7,001,032 88 
 
 1834 4,760,081 08 
 
 1835 351,28905 
 
 1836 291,08905 
 
 1837 1,878,22355 
 
 1838 4,857,60046 
 
 1839 11,983.73753 
 
 1840 5,125,077 63 
 
 On the first day of January, . . . 1841 6,737,398 00 
 
 1842 15,028,48637 
 
 1843 27,203,45069 
 
 On the first day of July 1844 24.748,188 23 
 
 1845 17,093,79480 
 
 1846 16,750,92633 
 
 1847 38,956,62338 
 
 1848 48,526.37937 
 
 1849 64,704,69371 
 
 On the 1st day of December . . 1850 64,228,238 37 
 
 1851 62,560,395 26 
 
 On the 20th day of November .1852 65,131.692 13 
 
 On the 30th day of December .1853 67,340,628 78 
 
 On the first day of July 1854 47,242,206 05 
 
 1855 39,9(59,731 05 
 
 On the 17th day of November. 1856 30,963,909 64 
 
 On the 15th day of November. 1857 29,060,386 90 
 
 On the 1st day of July 1858 44,910,777 66 
 
 1859 58,754,699,33 
 
 1860 64,769,70308 
 
 1861 90,867,82868 
 
 1862 514.211,37192 
 
 On the 1st day of January 1863 1,098,793,181 37 
 
 1864 1,740,690,48949 
 
 1865 2,682,593,02653 
 
 1866 2,783,425,87921 
 
 S. B. COLBY, Registtr. 
 TREASURY DEPARTMENT, 
 
 Register s Office, November 22, 1866. 
 
[01. 1.] 
 
 PUBLIC DEBT, 78. 
 
 Report of Secretary of Treasury on the Finances, p. 304. 
 
 The following is a statement of the public debt, June 30, 1866, 
 exclusive of cash in the Treasury : 
 Bonds, 10-40 s, 5 per cent., due 
 
 in 1904 $171,219,100 00 
 
 Bonds, Pacific railroad, 6 per 
 
 cent., due in 1895 and 189G. .. 6,042,000 00 
 Bonds, 5-20 s, 6 per cent, duo 
 
 in 1882, 1884, and 1885 
 
 Bonds, 6 per cent, due in 1881 . . 
 Bonds, 6 per cent., due in 1 880 . . 
 Bonds, 5 per cent., due in 1784 
 Bonds, 5 percent., due in 1871. . 
 
 Bonds, 6 per cent., due in 1868. . 8,908,341 80 
 
 Bonds, 6 per cent., due in 1867. . 9,415,250 20 
 Compound-interest notes, due in 
 
 1867 and 1868 159,012,140 00 
 
 7-30 treasury notes, due in 1867 
 
 and 1868 806,251,550 00 
 
 722,205,500 00 
 265,317,700 00 
 18,415.000 00 
 20,000,000 00 
 7,022,000 00 
 
 $1,210,221,300 00 
 
 Bonds, Texas indemnity, past due, 
 
 not presented 559,000 00 
 
 Bonds, treasury notes, &c., past 
 
 due, not presented 3,815,675 80 
 
 Temporary loan, ten days notice 120,176,195 65 
 Certificates of indebtedness, past 
 
 due, not presented 26,391,000 00 
 
 United States notes 400.891,368 00 
 
 Fractional currency 27,070,876 96 
 
 Gold certificates of deposit 10,713,180 00 
 
 983,587,281 80 
 
 4,377,65 80 
 
 146,567,096 65 
 
 438,675,424 96 
 
 Total 2,783.425,879 21 
 
 The foregoing is a correct statement of the public debt, as 
 appears from the books and Treasurer s returns in the Department, 
 on the 1st of November, 1867. 
 
 THE PUBLIC DEBT STATEMENT. 
 
 WASHINGTON, Nov. 6, 1867, ) 
 11:30 o clock, P. M. j" 
 
 The following is the statement of the public debt of the United 
 States on the 1st of November, 1867 : 
 
 DEBT BEARING COIN INTEREST. 
 
 Five per cent, bonds $ 198,845,350 
 
 Six per cent, bonds of 1857 and 1868 14,690 940 
 
 Six percent, bonds of 1881 283,676,600 
 
 Six per cent, five-twenty bonds 1,267,898,100 
 
 Navy Pension fund 13,000,001 
 
 Total $1,778,110,991 
 
100 PUBLIC DEBT. 78. [Art. I., Sec. 8, 
 
 DEBT BEARING CURRENCY INTEREST. 
 
 Six per cent, bonds $ 18,042,000 
 
 Three-year compound-interest notes 62,558,940 
 
 Three-year seven-thirty notes 334,607,700 
 
 Three per cent, certificates 11,560,000 
 
 Total $426,768,640 
 
 MATURED DEBT NOT PRESENTED FOR PAYMENT. 
 
 Three-year seven-thirty notes, due August 15, 1867 $ 3,371,100 
 Compound-interest notes, matured June 10, July 15, 
 
 August 15, and Oct. 15, 1867 9,316,1 00 
 
 Bonds of Texas indemnity 262,000 
 
 Treasury notes, acts July 17, 1861, and prior thereto 163,661 
 
 Bonds, April 15, 1842 54,061 
 
 Treasury notes, March 3, 1863 868,240 
 
 Temporary loan 4,168,375 
 
 Certificates of indebtedness 34,000 
 
 Total $18,237,538 
 
 DEBT BEARING NO INTEREST. 
 
 United States Notes $357,164,844 
 
 Fractional Currency 30,706,433 
 
 Gold certificates of deposit 14,514,200 
 
 Total $402,385,677 
 
 Total debt $ 2,625,502,848 
 
 AMOUNT IN THE TREASURY. 
 
 In coin $111,540,317 
 
 In currency 22,458,080 
 
 Total $ 133,998,398 
 
 Amount of debt, less cash in the Treasury $ 2,491,504,450 
 
 HUGH McCULLOOH, 
 
 Secretary of the Treasury. 
 
 Report of the Secretary of the Treasury on the finances, p. 25. 
 There has been some diminution of the public debt since the 
 promulgation of this report. 
 
 Whatever may have been the theories and controversies about 
 the powers of Congress to levy taxes for other purposes than to 
 pay the debts of the United States, and as to whether indirect or 
 direct taxes are most equal and just, it is certain that the 
 enormous debt now existing, together with the necessarily increased 
 expenses of supporting the government, will afford a fair oppor 
 tunity of giving a trial to every mode of raising revenue. The 
 278. DEBTS have been contracted. The great future question is, how .shall 
 the power to levy TAXES, &c., be most wisely exercised in order 
 to pay them ? 
 
Cl. i.] COMMON DEFENCE; 7* 101 
 
 79. To PROVIDE FOE THE COMMON DEFENCE. See this sentence How is corn- 
 contained in connection with the conclusion, that all duties, imposts, mon defence 
 and excises shall be uniform throughout the United States. This io n f| rue(i ? 
 provision operates exclusively on the power granted in the first 
 part of the clause. (Monroe.) Story s Const., 982. 
 
 The object is to secure a just equality among the States in the 
 exercise of that power by Congress. (Monroe.) Id., 982. 
 
 The grant consists of two-fold power : to raise ; and to appro- What two 
 priate the money. (Monroe.) Id., 986. powers in 
 
 The power in this clause is limited by the nature of the govern 
 ment only. Id., and 991. 
 
 For a more limited doctrine, see President Jackson s veto mes 
 sage of the Maysville road bill, 27 May, 1830; 4 Elliot s Debates, 
 333-335; 4 Jefferson s Correspondence, 524; Jefferson s message, 72-77. 
 2d Dec., 1806; Wait s State papers, 457, 458. 
 
 The extent of the power has been very much debated, and 
 perhaps the subject was exhausted in Congress, as reported in 4th 80. 
 Elliot s Debates, 236, 240, 265, 278, 280, 284, 291, 292, 332, 334, 
 and in Hemphill s Report on Internal Improvements, 10th Feb., 
 1831 ; see also 1 Kent s Com., Lect. XII, 250, 251 ; Sergt s Const., 
 ch. 28, 311-314; Rawle on the Const., ch. 9, p. 104; 2 United 
 States Law Jour., April, 1826, p. 251, 264-280; Story s Const., 
 ch. xiv. 
 
 Every one will determine for himself the practice of the govern 
 ment from the appropriations for the Cumberland road in 1806, 
 down to the Pacific railroads, and judge the value of precedents, 
 according to his own theories. The speeches of Mr. Huger and 
 Grimke in the South Carolina legislature, in 1830, may well be 
 consulted by students. The term is necessarily connected with 
 the next, " the general welfare." 
 
 The Confederate States Constitution contained this limitation : 
 
 "To levy and collect taxes, duties, imposts, and excises, for what was 
 revenue necessary to pay the debts, provide for the common theConfede- 
 defence, and carry on the government of the Confederate States ; [rehell^CMi- 
 but no bounties shall be granted from the treasury, nor shall any stitution ? 
 duties or taxes on importations from foreign nations be laid to pro 
 mote or foster any branch of industry; and all duties, imposts, and 
 excises shall be uniform throughout the Confederate States." 
 Paschal s Annotated Dig., 88. 
 
 It will thus be seen that, as in the preamble of the Constitution 5, 11. 
 of this peculiarly indoctrinated school, they took " TO PROVIDE FOR 
 THE GENERAL WELFARE" out of their Constitution; while they left 
 the " COMMON DEFENCE " iVi, although it was not one of the objects 
 expressed in the preamble. 
 
 To leave no doubt of the intention to exclude the ideas which 80-89. 
 had divided the country upon the subject of internal improvements, 
 the same Constitution contained this clause: 
 
 " 3. To regulate commerce with foreign nations, and among the 82-89. 
 several States, and with the Indian tribes ; but neither this nor 
 any other clause contained in the Constitution, shall ever be con- 
 
102 DEFENCE, DUTIES, 79, 80, 81. [Art. L, Sec. 8 
 
 strued to delegate the power to Congress to appropriate money foi 
 any internal improvement, intended to facilitate commerce, except 
 for the purpose of furnishing lights, beacons, and buoys, and other 
 aids to navigation upon the coasts, and the improvement of harbors 
 and the removing of obstructions in river navigation : in all which 
 cases such duties shall be laid on the navigation facilitated thereby, 
 as may be necessary, to pay the costs and expenses thereof," 
 Paschal s Annotated Digest, p. 88. 
 
 The object of this was to prevent land internal improvements by 
 the National government; and yet we find the same men as eariy 
 as April 19th, 1862, appropriating a million and a half of dollars 
 to aid in the construction of a railroad from New Iberia in Louisi 
 ana to Houston in Texas. Acts of Confederate States at large, 34. 
 Like appropriations were made to complete the road from Danville 
 to Raleigh. The amendment was in accordance with the extreme 
 States rights or strict constructionists views. 
 
 Define the O. "AND GENERAL "WELFARE." Judge Story believed that the 
 
 g< elf!ire * rue ^ m P or ^ f t ^ ie whole clause could be thus expressed: "The 
 Congress shall have power to lay and collect taxes, duties, imposts, 
 and excises, in order to pay the debts, and to provide for the common 
 
 11, 79, 89. defence and general welfare of the United States." Story s Const. 
 79. 908. Thus limiting the power of the government to tax for pro 
 viding for the common defence and general welfare. Id. and 
 911-913. 
 
 What is the The laying taxes is the power, and the general welfare the pur- 
 ^ ose ^* r wn i n ^ ne P ower is to be exercised. Congress are not to 
 lay taxes ad libitum for any purpose they please ; but only to pay 
 the debts or provide for the general welfare of the Union. In like 
 manner they are not to do any thing they please, to provide for the 
 general welfare ; but only to lay taxes for that purpose. (Jeffer 
 son s Op. on the Bank of the United States 15 Feb. 1781 ; 4 Jeffer 
 son s Correspondence 524, 525.) Story s Const. 926. 927, note 3 ; 
 Elliot s Debates, 170, 183, 195, 328, 344; 3 Elliot s Debates, 262; 
 2 American Museum, 434 ; 2 Elliot s Debates, 81, 82, 311 ; 3 Elliot s 
 Debates, 262, 290 ; 2 American Museum, 544. 
 
 22, 74. The power does not interfere with the power of the states to tax 
 
 for the support of their own governments. Congress is not em 
 powered to tax for those purposes which are within the exclusive 
 province of the States. Gibbons v. Ogden, 9 Wheat. 199; 1 
 Kent s Com. 251 ; Sergeant s Const. Ch. 28, p. 311-315. Rawle a 
 Const. Ch. 9, p. 104; 2 United States L. L, April, 1826, 251-282. 
 
 What are the 81. " ALL DUTIES TO BE UNIFORM." Congress has plenary power 
 
 taxes ? >r over ever y species of taxable property, except exports. But there 
 
 are two rules prescribed for their government : Uniformity, and 
 
 apportionment. Duties, imposts and excises were to be laid by tho 
 
 22, 144, 145. first rule ; and capitation and other direct taxes by the second. 
 
 (Hylton v. The United States, 3 Dall. 171.) 1 Kent s Com. 255. 
 
 Define uni- Taxes under this clause must be uniform ; but need not bo 
 
 form? apportioned according to census. Idem. Yet "UNIFORM" must 
 
 mean that the same duties shall be paid at all the ports in tho 
 
 " States and Territories," throughout the United States ; and that 
 
01.1,2.] BORROW MONET, 82, 83, 84. 103 
 
 the same income taxes and excises should operate, alike including 91. 
 the District of Columbia. Loughborough v. Blake, 5 Wheat. 317. 
 
 The Indian tribes are not included in the excise law. 91, 92. 
 
 See " uniform " rule of naturalization. 93, 94. 
 
 [2.] To borrow money on the credit of the United TO borrow. 
 States. * .. 
 
 82. As first reported it read: "To borrow money [and emit 129 
 bills] on the credit of the United States." To "emit bills," waa 78. 
 stricken out, after debate, on the ground, that " on the credit," autho 
 rized the issuing of bills or notes by the government. Metropo 
 litan Bank v. Van Dyke, 27 N. Y. R. 420 ; 3 Madison papers, 1343. 
 
 3. MONET. [Moneta.~\ Cash; that is, gold and silver, or the What is 
 lawful circulating medium of the country, including bank notes, "M^y? 
 when they are known and approved of and used in the market as 97, 9S, 129. 
 cash. (Co. Litt. 207 a ;- Lord Ellenborough, 13 East 20 ; Kent, in 
 Mann v. Mann, 1 Johns. Ch. R. 236.) BurrilPs Law Die. MONET. 
 And money deposited in bank ; but not stocks. Hotham v. Sutton, 
 15 Ves. 319 ; Mann v. Mann, 1 Johns. Ch. p. 257. 
 
 For the necessity of this power, see the Federalist No. 41 ; 
 Story s Const. 1065. 
 
 Treasury notes have been issued under the acts of 25th Feb. Treasury 
 1813, 26th December, 1814, 12th October, 1837, 31 January, 1842, notes on 
 31 August 1842, 22 July, 1846, 28 July, 1847, 23 December, 1857, Authority 
 the 25th February, 1862, and the several subsequent acts. They issued? 
 are binding on the government. (Thorndyke v. The United States, 
 2 Mason, 1, 18.) Metropolitan Bank v. Van Dyck, 27 New York, 
 421. Some have drawn interest; others not; they all circulate as 
 money. And see the Pennsylvania Cases. 52 Penn. St. Rep. 
 15-100. 
 
 84. The United States bonds and indeed all the public securi- 78. 
 ties which have to be redeemed, and which circulate as currency 
 moy properly be classified as money borrowed, or rather securities 22. 
 given for money borrowed on the credit of the United States. The 
 bonds issued and sold in market are technically so. 
 
 The states have no power to tax the loan of the United States. Can the 
 Weston v. City Council of Charleston, 2 Pet. 449-65 ; Bank of ^J^S 
 Commerce v. New York, 2 Black, G29. The Constitutional Court 8ecur itics? 
 of South Carolina, in May, 1823, decided in favor of the power to 
 tax the loan. Judge Huger and two other judges, against four, 
 gave an opinion against the constitutionality of the law. 2 Pet. 22. 
 452. 
 
 The sovereignty of a state extends to every thing which exists 
 by its own authority, or is introduced by its permission, but not to 
 those means which are employed by Congress to carry into execu 
 tion powers conferred on that body by the people of the United 
 States. (Weston v. The City of Charleston, 2 Pet. 449.) Bank of 
 Commerce v. New York, 2 Black, 632. -^/ 
 
 This power is supreme within its scope and operation, and may 
 be exercised free and unobstructed by state legislation or authority. 
 
104 LEGAL TENDER, 84. [Art. I, Sec. 8, 
 
 (McCulloeh v. The State of Maryland, 4 Wh. 116; Osborn v. The 
 United States, 9 Wh. 732,) Bank of Commerce v. New York Citj, 
 2 Black. G32. 
 
 Arc treas- For the history of this section, see Metropolitan Bank v. Van 
 constitu eS a D . yck 27 N - Y - Re P- 419 > et s& i The Power to issue notes is thus 
 tiunrtl legal ven an( * * no convention declined to prohibit the making them a 
 tender? legal tender in payment of either public or private debts. (Thorn - 
 dyke v. United States, 2 Mas. 1, 18). Id. And after a full review 
 82, 83. of the question of po\ver, it was held that such notes may consti 
 
 tutionally be made a legal tender in payment of all debts between 
 97-100. individuals. Metropolitan Bank v. Van Dyck, 27 N. Y. 451. 
 
 Congress has constitutional power to issue treasury notes of the 
 United States, and make them lawful money, and a legal tender 
 for the payment of debts. Shollenberger v. Brinton, 52 Penn. St. 
 Kep. (2 P. F. Smith) 9,100; Brown v. Welch, 26 Ind. 116; Thayer 
 v. Hedges, 23 Ind. 141 ; Bank of Indiana v. Reynolds, Law Heg. 
 1865. (But Contra, Judge Cadwalader. Morrison v. Reading 
 Railroad.) Shollenberger v. Brinton, 52 Penn. 49. 
 
 The Act of Congress of Feb. 25, 1862, authorizing the issue of 
 such notes, is constitutional. Shollenberger v. Brinton, 52 Penn- 
 St. Rep. (2 P. F. Smith) 9^100 ; Carpenter v. Northfield Bank, 39 
 Vt. (4 Veasey) 49. 
 
 Give the ex- The principal sum which redeems a ground-rent, is a "debt" 
 ainples? w ithin the meaning of the act. Shollenberger v. Brinton, 52, 
 Penn, 9, 100. 
 
 A ground-rent payable in " * * * dollars, lawful silver money of 
 the United States of America," is redeemable by such notes. Id. 
 155. So the half-yearly instalment of a ground-rent, payable in " * * * 
 
 dollars lawful silver money of the United States, each dollar 
 weighing 16 dwt. 6 gr. at least." Mervin v. Sailor, 52 Penn. St. 
 Rep. (2 P. F. Smith), 18, 45, 102. 
 
 So a ground-rent payable in " lawful money." or "lawful money 
 of the United States." Davis v. Burton, 52 Penn. St. Rep. (2 P. 
 F. Smith) 22; Kroener v. Calhoun, 52 Penn. St. Rep. (2 P. F. 
 Smith) 24. 
 
 So a certificate of deposit of " * * * gold, payable in like funds 
 with interest." Sandford v. Hays, 52 Penn. St. Rep. (2 P. F. 
 Smith) 26: Warner v. Sank Co. Bank, 20 Wis. 494; Warnibold v. 
 Schlicting, 16 Iowa, 243; Breitenbach v. Turner, 18 Wis. 140. 
 
 So a note for a sum of money marked in margin, "$14,145 specie," 
 which by banker s rules, meant gold or silver coin. Graham v 
 Marshall, 52 Penn. St. Rep. (2 P. Smith) 28, 103 
 
 So a note for "* * * dollars in gold," Laughlin v. Harvey, 52 
 Penn. St. Rep. (2. P. F. Smith) 30; Wood v. Bullens, 6 Allen 
 (Mass.) 516, 518. 
 
 So, " or if paid in paper, the amount thereof necessary to pur 
 chase the gold, at the place of payment." (Logansport v. Indiana) 
 Brown v. Welch, 26 Ind. 1 16. 
 
 The condition of a bond for payment of $3,000 "in good coins of 
 United States, of a particular fineness, notwithstanding any laws 
 which may now, or hereafter shall make any thing else a tender in 
 
01. 3.] TENDER, COMMERCE 84-87. 105 
 
 payment of debt. Held, not payable in greenbacks. Dutton v. 
 Pailant, 52 Penn. St. Rep. (2 P. F. Smith) 109. 
 
 " When treasury notes were made a legal tender in payment of 97, 98. 
 debts, they were made the equivalent of coin as a means of pay- 99. 
 ment, in all but the cases excepted by law." Brown v. Welch, 26 
 lud. 117. 
 
 The outstanding debt of the United States for borrowed money 78. 
 usually called the loan, see note 78. 
 
 [3.] To regulate commerce with foreign nations, and what is the 
 among the several States, and with the Indian tribes, commence? 
 
 a 
 
 \J 85. "To REGULATE." That is, to prescribe the rule by which HOW to reg- 
 commerce is to be governed. (Gibbons v. Ogden, 9 Wheat. 196.) "late corn- 
 Story s Const. 1061. ""^i 
 
 The power is exclusive, and leaves no residuum. (Gibbons v. 79, 80. 
 Ogden, 9 Wheat. 209.) Story s Const. 1072. See the Passenger 
 Cases, 7 How. 283. 
 
 But a State may pass police laws for the protection of its inhabi 
 tants against paupers. This is not a regulation of commerce. The 
 city of New York v. Miller, 12 Pet. 102, 132; Story s Const. 
 1072 a. 
 
 It is denied that the power " to REGULATE " is exclusively in Con- 89. 
 gress. (The License Cases, 5 How. 504.) Id. 1072. And license 
 laws, the primary object of which is to secure the health of the com 
 munity. The License Cases, 5 How. 504; Story s Const. 1072. 
 
 86. "COMMERCE " is traffic, but it is something more ; it is inter- What is 
 course. Gibbons v. Ogden, 9 Wheat. 191, 209.) United States v. commerce? 
 Holliday, 3 Wallace. 417: Story s Const. 1061, note 2. 
 
 Buying, selling, and exchanging is the essence of commerce. 3 
 Wall, 417. It also includes navigation, as well as. traffic, yfn its / 
 ordinary signiiication ; and embraces ships and vessels as the instru-y 
 ments of intercourse and trade, as well as the officer^ and seamen 
 who navigate and control them. The power of Congress extends to 
 all these subjects. People v. Brooks, 4 Denio, 469. 
 
 For the necessity of this power see the Federalist, BTos. 4, 7, 11. 
 22. 37; Gibbons v. Ogden, 9 Wheat. 225; Brown v. Maryland, 12 
 Wheat. 445, 446; Story s Const. 1057, 1060. 
 
 To regulate the external commerce of the nation ^and the respec 
 tive states. People v. Huntington, 4 N. Y. Leg. Obs. 187. The 196. 
 whole subject fully discussed. Id. But not to declare the status Can Con- 
 which any person shall sustain while in any State of the Union. ? rt - ss <lc ( ^ro 
 The power can be exercised over persons as passengers, only peon s in " 
 while on the ocean, and until they come under State jurisdiction, the Suites? 
 It ceases when the voyage ends, and then the State laws control. 18, 196. 
 Lemmon v. People, 26" Barb. 270; affirmed, 20 M. Y. 562. 
 
 87. "COMMERCE WITH FOREIGN NATIONS" means commerce be- w th foreign 
 tween citizens of the United States and citizens or subjects of for- nations, 
 eign governments, as individuals. United States v. Holliday, 3 
 Wallace, 417 ; Flannagau v. Philadelphia, 22 Penn. 219. The ercc- 281. 
 tion of wharves is subservient to commerce. SteVens v. Walker, 
 
 15 La. Ann. 577. 
 
106 COMMERCE, 87, 88. [Art. I., Sec. 8, 
 
 The giving of a license by a municipal corporation is not a regu 
 lation of commerce. Childers v. People, 1 1 Mich. 43. 
 
 The violation of a local law requiring such licenses, by the use 
 of an unlicensed boat, though it be duly licensed for the coasting 
 and foreign trade under the laws of the United States, is a punish 
 able offense. Id. 
 
 A tax, the effect of which is to diminish personal intercourse, is 
 a tax upon commerce. Linsing v. Washburn, 30 Cal. 634. The 
 California tax-law upon Chinese is a violation of this section and 
 unconstitutional. Id. 
 
 "With foreign This power, like all others vested in Congress, is complete in itself, 
 "mon^tho^ ma ^ ^ e exercised to its utmost extent, and acknowledges no limita- 
 Beveral " tions other than are prescribed in the Constitution. Gibbons v. 
 States? Ogden, 9 Wh. 196. Commerce with foreign nations, and among the 
 several States, can mean nothing more than intercourse with those 
 nations, and among those States, for the purposes of trade, be the 
 object of trade what it may; and this intercourse must include all 
 the means by which it can be carried on, whether by the free navi 
 gation of the waters of the several States, or by a passage over land 
 through the States, where such passage becomes necessary to the 
 commercial intercourse between the States. Corlield v. Coryell, 4 
 Wash. C. C. 388 ; Pennsylvania v. Wheeling & Belmont Bridge Co. 
 18 How. 421; Columbus Ins. Co. v. Peoria Bridge Co. 6 McLean, 70; 
 Columbus Insurance Co. v. Curtenius, Id. 209; Jolly v. Terre Haute 
 Drawbridge Co. Id. 237 ; United States v. Railroad Bridge Co. Id. 
 518. This clause confers the power to impose embargoes. Gib 
 bons v. Ogden, 9 Wh. 191; United States v. The William, 2 Hall s 
 L. J. 255, 272. And to punish crimes upon stranded vessels. Uni 
 ted States v. Coombs, 12 Pet. 72. It does not, however, interfere 
 with the right of the several States to enact inspection, quarantine, 
 and health laws of every description, as well as laws for regulating 
 their internal commerce. Gibbous v. Ogden, 9 Wh. 203; New York 
 v. Miln, 11 Pet. 102; Conway v. Taylor, 1 Black. 633. Nor with 
 their power to regulate pilots. Cooley v. Board of Wardens, 12 
 How. 299. Or to protect their fisheries. Smith v. Maryland, 18 
 How. 71; Dunham v. Lamphere, 3 Conn. 268. 
 
 State laws 88. A State law which requires the masters of vessels engaged 
 \vnicii vii- i n foreign commerce to pay a certain sum to a State officer, on ac 
 count of every passenger brought from a foreign country into the 
 79. State, or before landing any alien passenger in the State, conflicts 
 with the Constitution and laws of the United States. Smith v. Tur 
 ner, 7 How. 263. (This decision was by a divided court, and is not 
 conclusive authority. Smith v. Marston, 5 Tex. 432.) So does a 
 state law, authorizing the seizure and imprisonment of free ne 
 groes brought into any port of the state, on board of any vessel, 
 from any state or foreign port. Elkison v. Deliesseline, 2 Wh. Cr. 
 Cas. 56; 1 Opin. 659. (But see 2 Opin. 426, contra.} And so does 
 a state law which requires an importer to take a license, and pay 
 fifty dollars before he should be permitted to sell a package of im 
 ported goods. Brown v. Maryland, 12 Wh. 419. Purvear v. Com 
 monwealth, 5 Wall. 478. But a State law which imposes a tax on 
 brokers dealing in foreign exchange, is not repugnant to this clause 
 
Cl. 3.] COMMERCE, 88, 89. 107 
 
 of the Constitution. Nathan v. Louisiana, 8 How. 73. Nor is one 
 imposing a tax on legacies payable to aliens, Mager v. Grima, Id. 490. 
 Nor are the license laws of certain States, forbidding the sale of 
 spirituous liquors under less than certain large quantities. Thurlow 
 v. Massachusetts, 5 How. 504: The State v. Allraond, 4 Am. D. R. 
 533; California v. Coleman, 4 CaL 467. 
 
 9. " AMONG THE SEVERAL STATES. This section quoted with What is 
 clause 18, and Art. VL, Sec. 2, and Art. X. of Amendments, commerce 
 Oilman v. Philadelphia, 3 Wallace, 724. JJ tl1 
 
 Commerce includes navigation ; and comprehends the control for States ? 
 that purpose, and to the extent necessary, of all navigable waters 138, 114, 274, 
 of the United States which are accessible from a State other than o- 3 8 T 
 those within which they lie. For this purpose they are the public " 
 property of the nation, and subject to all the requisite legislation of 
 Congress. (Gibbons v. Ogden, 9 Wheat. 191 ; Corneld v. Coryel, 4 
 Wash. C. C. R. 378.) Gihnan v. Philadelphia, 3 Wallace, 724, 725. 
 
 The right includes the power to remove all obstructions, and What docs 
 to provide for the punishment of offenders. The whole powers the ri ht ia ~ 
 which existed in the States before the adoption of the Federal 
 Constitution, and which have always existed in the Parliament in 208. 
 England. Id. 
 
 It is for Congress to determine when its full powers shall be 
 brought into activity, and as to the regulations and sanctions which 
 shall be provided. (United States v. New Bedford Bridge, 1 Wood- 
 bury & Minot, 420, 421; United States v. Coombs, 12 Peters. 72; 
 New York v. Milne, 11 Peters, 102, 155.) Gilman v. Phila 
 delphia, 3 Wallace, 725. 
 
 Wherever " commerce among the States " goes, the power of What is the 
 the nation, as represented in this Court, goes with it to protect and P wer <>f th 
 enforce its rights. (Gibbons v. Ogden, 9 Wheat. 191; Steamboat v. court to en- 
 Livingston, 3 Cowen. 713.) Gilman v. Philadelphia, 3 Wallace, force the 
 725. right? 
 
 The National Government possesses no powers but such as have What are tho 
 been delegated to it by the States, which retain all but such as they j^Tu^u d 
 have surrendered. The power to authorize the building of a states ? *" 
 bridge is not to be found in the Federal Constitution. It has not 7^ 13^ 269. 
 been taken from the States. Id. When the Revolution took place 
 the people of each State became themselves sovereign, and hi that 2, 6. 
 character hold the absolute right to all their navigable waters and 
 the soil under them for their own common use, subject only to the 
 rights since surrendered by the Constitution to the general govern 
 ment (Martin v. Waddell, 16 Peters. 410.) Gitmau v. Philadelphia, 
 3 Wallace, 726. Ante Preface, pp. viii , ix. The right of eminent Eminent do- 
 domain over the shores and the soil under the navigable waters, for tnain 
 all municipal purposes, belongs exclusively to the States within their 
 territorial jurisdiction, and they only have the power to ezercise 
 it. Id. 
 
 But this right can never be used to affect the exercise of any Can the 
 national right of eminent domain or jurisdiction with which the States use a 
 United States have been invested by the Constitution. (Pollard s jJS j 
 lessee v. Hogau, 3 Howard, 230.) Gilman v. Philadelphia, 3 Wai- " 
 lace, 726. 
 
108 COMMENCE, 89, 90. [Art. L, Sec. 8, 
 
 What sub- Inspection laws, quarantine laws, health laws of every descrip- 
 joc tsuiv. un- tion, as well as laws for regulating the internal commerce of a 
 control? Stale, arid those which respect turn-pike roads, ferries, &c., are 
 component parts of the powers of a State. (Gibbons v. Ogden, 
 9 Wheat. 192) Gilman v. Philadelphia, 3 Wallace, 726. And also 
 bridges. (People v. S. & R. K. R. Co., 15 Wend. 113.) Id. 
 Pilot lawa ? Pilot laws enacted in good faith are within the powers of the 
 States. (Cooly v. The Board of Wardens, 12 Howard, 319.) Gil 
 man v. Philadelphia, 3 Wallace, 727. Master v. "Ward, 14 La. A. 
 289 ; Master v. Morgan, 14 Ib. 595. 
 
 When is a But where Congress has acted the law is paramount. (Pennsyl- 
 ^LS?" 1 * v> Vil mia > 18 Howard, 430.) Gilman v. Philadelphia, 3 
 fiiouut? ira ~ Wallace, 727, 729. Until Congress has exercised the power, the 
 State may authorize obstructions which do not violate the Consti 
 tution. (Wilson v. Blackbird Creek Marsh Co. 2 Peters, 250.) Id. 
 727-729. 
 
 When may The States may exercise concurrent or independent power in all 
 the States cases but three : 1. Where the power is lodged exclusively in the 
 l-ul-renTpo ^ Federal Constitution. 2. Where it is given to the United States 
 era? and prohibited to the States. 3. Where from the nature and sub 
 
 jects of the power, it must be necessarily exercised by the National 
 Government exclusively. (Houston v. Moore, 12 Wheat. 419; 
 Federalist No. 32.) Gilman v. Philadelphia, 3 Wallace, 730. 
 What laws A State law requiring an importer to take out a license before he 
 or a State are a i la n ae n a b a i e o f gooc j g j g V oid. (Brown v. Maryland, 12 Wheat. 
 419.) Gilman v. Philadelphia, 3 Wallace, 730. Purvear v. Com 
 monwealth, 5 Wall. 478. So the passenger laws from foreign 
 countries. (Passenger s Cases, 7 Howard, 273.) Gilman v. Phila 
 delphia. 3 Wall. 730. Not so of the State liquor-license laws. 
 (License cases, 5 Howard, 504.) Gilman v. Philadelphia, 3 Wallace 
 730. Purvear v. Commonwealth, 5 Wall. 498. Congress may 
 Bridges ? regulate all bridges over navigable waters, remove offending bridges, 
 
 and punish those who shall thereafter erect them. Id. 731. 
 Where does The power to regulate commerce docs not stop at the jurisdiction 
 power of or ii m i tg of tne several States. (Gibbons v. Ogden, 9 Wheat. 190.) 
 it"")"? 8 l United States v. Holliday, 3 Wallace, 417. 
 
 What were 90. As to the power of Congress over the subject of commerce 
 the powers ^ amO ng the several States, see the Opinion of McLean, J., in Groves 
 Sl v. Slaughter, 15 Pet. 504; Taney, Ch. J., Id. 508; Baldwin, J., Id. 
 510. In Shelton v. Marshall, 16 Tex. :^52, Wheeler, J., said: As 
 respects the power of the States over the ; ubject of the Constitutional 
 inhibitions in question (the introduction of slaves as merchandise), 
 what we deem the sound and correct doctrine was stated by Chief- 
 Justice Taney, in Groves v. Slaughter, 15 Pet. 508, viz.: 
 
 "In my judgment, the power over this subject is exclusively 
 with the several States: and each of them has a right to decide for 
 itself, whether it will or will not allow persons of this description to 
 be brought within its limits, from another State, either for sale or 
 for any other purpose ; and also to prescribe the manner and rnodo 
 in which they may be introduced, and to determine their condition 
 and treatment within their respective territories ; and the action of 
 the several States upon this subject cannot be controlled by Con- 
 
01.3.] COMMERCE, 90, 91. 109 
 
 gress, either by virtue of its power to regulate commerce, or by 
 virtue of any other power conferred by the Constitution of the 
 United States." 
 
 Congress may have power to prevent the obstruction of any Navigable 
 navigable stream which is a means of commerce between any two streams? 
 or more States. Works v. Junction Railroad, 5 McLean, 526 ; 
 Jolly v. Terre Haute Drawbridge Co. 6 Id. 237 ; Devoe v. Penrose 
 Ferry Bridge Co. 3 Am. L. J. 19. But a State law granting the ex- 203. 
 elusive privilege of navigating a part of an unnavigable stream, 
 which is wholly within the State, on condition of rendering such 
 part navigable, is not repugnant to the Constitution. Veazie v. 
 Moore, 14 How. 568. And see Wilson v. Blackbird Creek Marsh 
 Co. 2 Pet. 251. 
 
 91. If commerce or traffic or intercourse be carried on with an With the In- 
 Indian tribe, or with a member of such tribe, it is subject to be dian tribes? 
 regulated by Congress, although within the limits of a State. The JJjJ^Jf $* 
 power is absolute, without reference to the locality of the tribe or tribe cause a 
 the member of the tribe. United States v. Holliday, 3 Wallace, (inference ? 
 418. This power is not claimed as to any other commerce 
 originated and ended within the limits of a single State. Id. 
 So long as the tribal relations exist, the Indians who are con 
 nected with their tribes and under the jurisdiction of an agent, are 
 under the protection of the laws to regulate trade and intercourse 
 with the Indians. Id. The States cannot control the subject. Id. 
 
 Under the power to regulate commerce with the Indian tribes, 
 Congress has power to prohibit all intercourse with them, except 
 under a license. United States v. Cisna, 1 McLean, 254. So Con 
 gress has power to punish all crimes committed within the Indian 
 country, which was a part of the Louisiana territory, dedicated to 
 the Indians. The United States v. Rogers, 4 How. 567. 
 
 The United States has adopted the principle originally estab- What is the 
 lished by European nations, namely, that the aboriginal tribes of Jj}jJJjL 
 Indians in North America are not regarded as the owners of the O f so u? 
 territories which they respectively occupied. Their country was 
 divided and parceled out, as if it had been vacant and unoccupied 
 land. Id. If the propriety of exercising this power were now an 
 open question, it would be one for the law-making and political 
 department of the government, and not the judicial Id. 
 
 The Indian tribes residing within the territorial limits of the 196. 
 United States, are subject to their authority ; and where the 
 country occupied by them is not within the limits of any one of the 
 States, Congress may by law, punish any offence committed there, 
 no matter whether the offender be a white man or an Indian. Id. ; 
 The United States v. Rogers, 4 How. 567. 
 
 The 25th section of the act of 30th June, 1834, extends the laws Intercourse 
 of the United States over the Indian country, with a proviso that luw ? 
 they shall not include punishment for crimes committed by one 
 Indian against the person or property of another Indian." Id. This 
 exception does not embrace the case of a white man who, at mature 
 age, is adopted into an Indian tribe. He is not an " Indian " within 
 the meaning of the law. Id. 4 St. 729; 1 Brightly s Dig, 430, 
 75 ; 4 Op. 72, United States v. Rogers, 4 How, 567. 
 
110 COMMERCE, 91. [Art. I., Sec. 8, 
 
 The treaty with the Cherokees, concluded at New Echota, in 
 1835 allows the Indian council to make laws for their own people, 
 or such persons as have connected themselves with them. But it 
 also provides that such laws shall not be inconsistent with acts of 
 Congress. The act of 1834, therefore, controls and explains the 
 treaty. It results from these principles, that a plea, set up by 
 a white man, alleging that he had been adopted by an Indian tribe, 
 and was not subject to the jurisdiction of the circuit court of the 
 United States, is not valid. Id. 
 
 What means Commerce with the Indian tribes, means commerce with the indi- 
 1 viduals composing those tribes. United States v. Holliday, 3 Wal 
 lace, 417. 
 
 The cotton grown in the Indian country and shipped to ports of 
 the United States for sale, is not subject to the Internal revenue 
 tax levied by the statutes of the 30th June, 1864, and the I3th 
 July, 1866. "The case of R. M. Jones. Attorney-General, II. Stari- 
 bery s opinion, of 24th July, 1867. The acts reviewed. Id. 
 
 All these provisions fortify the conclusion at which I have 
 arrived, that cotton produced in the Choctavv nation does not come 
 within their operation. A tax on cotton produced there or manu 
 factured there, or sold there, cannot be levied, assessed or collected 
 under the provisions of these acts. Nor is there any thing in these 
 acts to forbid its removal or sale" to any part of the United States. 
 Being a production of the Indian country by express statutory 
 enactment, it is not liable to any import or transit duty. There is 
 no lien upon it for any tax at the place of production, nor is any 
 permit for its removal necessary. "I am clearly satisfied that the 
 omission in the various Internal revenue laws, to provide for the 
 organization of collection districts over the Indian territory was not 
 fortuitous or accidental, and that it was the settled purpose of 
 Congress not to subject the persons or the productions of Indians 
 existing under their regular tribal associations, to liability for any 
 tax imposed by these acts. If the provisions as to the specific 
 article of cotton apply to Indian territory, I see no reason why all 
 the other forms of tax provided for in these acts are not equally 
 applicable to Indian territory. We must, consequently make them 
 subject to taxation in reference to stamps, income, and descents in 
 succession, as well as for other purposes. The intent of Congress 
 not to include them in any sort of taxation, I think is clear enough 
 from the language of the acts themselves. But all other considera 
 tions which apply to them, equally forbid this idea of Federal 
 taxation. Their rights are defined by independent treaties. They 
 arc in a state of tutelage and protection under the United States. 
 Laws in which they are not mentioned, are never understood to 
 apply to them. Even when these Indians and their territory are 
 situated within the bounds of a State of the Union, they are not 
 subject to State taxation. In recent cases before the supreme 
 court of the United States, at its December term, 18(56, speaking of 
 the condition of the Indian tribes under treaty with the United 
 States, it used this language: The object of the treaty was to 
 hedge the lands around with guards and restrictions, so as to 
 preserve them for the permanent homes of the Indians. In order 
 
01. 3.] INDIAN TRIBES, 91, 92. Ill 
 
 to accomplish this object they must be relieved from every species 
 of levy, sale, and forfeiture from a levy and sale for taxes, as well 
 as the ordinary judicial levy and sale. The Kansas Indians, 5 
 Wall. 760, 761. Again the Courts say, in reference to the 
 tribal association of the Shawnees, that T they are a people 
 distinct from others, capable of making treaties, separated 
 from the jurisdiction of Kansas, and to be governed exclusively by 
 the government of the Union. If under the control of Congress, 
 from necessity, there can be no divided authority. If they have 
 outlived manv things they have not outlived the protection afforded 
 by the Constitution, treaties, and laws of Congress. It may be 
 that they cannot exist much longer as a distinct people in the pre 
 sence of the civilization of Kansas ; but until they are clothed with 
 the rights and bound to all the duties of citizens, they enjoy the 
 privilege of total immunity from State taxation. (Id. 755, 750). 
 And again : As long as the United States recognizes their 
 national character they are under the protection of the treaties and 
 the laws of Congress, and their property is withdrawn from the 
 operation of State laws. (Id. 757.) Such is the well-established 
 policy of the United States with regard to the total exemption of 
 the Indian tribes from State taxation. The tenor of all the treaties 
 shows that the idea of subjecting them to taxation by the General 
 Government, was never entertained, and certainly hitherto it has 
 never been attempted. I am, therefore, clearly of opinion that the 
 particular cotton in question was not liable to taxation under our 
 Internal revenue laws, either while in the Indian country or in 
 transit through any collection district of the United States, or in the 
 collection district where it may have been found or may have been 
 sold. Until the Indians have sold their lands, and removed from 
 them in pursuance of the treaty stipulations, they are to be re 
 garded as still in their ancient possessions, and are in under their 
 original rights, and entitled to the undisturbed enjoyment of them. 
 (Fellows v. Blacksmith, 19 How. 366.) The New York Indians, 5 
 Wall, 770." 
 
 In the argument of the case of R. M. Jones before the Attorney- 
 General, the Editor, who prosecuted the claim to have the tax, 
 illegally collected, refunded, cited the following authorities : The 
 State v. Ross, 7 Yerg. 74; United States v. Cisna, 1 McLean, 254; 
 Cherokee Nation v. Georgia; Worcester v. Georgia; and Johnson v. 
 Mclntosh, cited elsewhere in this note. And the following cases 
 to show that while Indians reside within the States as portions 
 of tribes, they are not within State jurisdiction, as citizens subject 
 to the burdens and benefits of State laws: Danforth v. Wear. 9 
 Wheat. 673; Lee v. Glover, 8 Cow. 189; Strong v. Waterman, 11 
 Paige, 807; Harmon v. Partier, 12 Sin. & Marsh. 425; Marsh v. 
 Brooks, 8 How. 223; Fellows v. Lee, 3 Denio 628; Wall v. Wil 
 liams, 8 Ala. 48 and 11 Ala. 826; Brashear v. Williamson, 10 
 Ala. 630; Parks v. Ross, 11 How. 427 ; Jones v. Laney, 2 Tex. 342. 
 And as to the power of the United States over the Indian country, 
 See United States v. Rogers, 4 Howard, 567. Whatarethe 
 
 92. These various authorities settle the general propositions: [hlTl mi iaii 1 
 1. That the Indian tribes are dependent subordinate States, tribes? 
 
112 INDIANS-KATURALIZATION, 92, 93. [Art. I., Sec. 8, 
 
 whose political relations with the United States are defined by 
 treaties. 
 
 2. That " commerce with the Indian tribes " is subject to the 
 exclusive control of Congress, and it has only been regulated by 
 treaties and intercourse laws. 
 
 81. 3. That Indians are not embraced by acts of Congress, unless 
 
 they be named therein. Opinion of Judge Lewis, Commissioner of 
 Internal Revenue, 1863. 
 
 And see 9 Op. 27. The Indians owe no allegiance to the United 
 States. They may make war upon them without incurring the 
 guilt of treason. Op. of Judge Lewis, Commissioner of Internal 
 Revenue. " Though he holds his lands within the limits of the 
 United States, he is not politically within its limits, nor has it juris 
 diction over him." Judge Lewis. The stamp tax does not apply 
 to the Indian reservations, when sold by the tribe ; nor does any 
 part of the laws in relation to Internal Revenue. Id. The court 
 follows the executive as to the recognition of the tribal relations. 
 Id. Cites The Cherokee Nation v. Georgia, 5 Peters, 1, and Wor 
 cester v. Georgia, 6 Peters, 515. 
 
 what as to [4.] To establish a uniform rule of naturalization ; 
 itoaf and uniform laws on the subject of bankruptcies 
 Bankruptcy? throughout the United States. 
 
 What is nat- 93. NATURALIZATION. In its popular, etymological, and legal 
 unilizutiun ? sense, signifies the act of adopting a foreigner and clothing him 
 with all the privileges of a native citizen or subject. 9 Op. 359 ; 
 Coke Litt. 199a ; 1 Bl. Com. 374 ; 2 Kent s Com. 64-67. These laws 
 are based upon the acknowledged principle of expatriation. Bates 
 17, IS, 205, on Citizenship, 13. A naturalized citizen becomes a member of 
 2W. society, possessing all the rights of a native citizen, and standing 
 
 "What is ex- oa the footing of a native. The power is to prescribe a " uniform 
 ? rule," and the exercise of this power exhausts it, so far as respects 
 274 the individual. The Constitution then takes him up, &c. Osborn 
 v. Bank of United States, 9 "Wh. 827. Expatriation includes not 
 only emigration out of one s native country, but naturalization in 
 220, 221, 222. the country adopted as a future residence. 9 Op. 359 ; 8 Op. 125 ; 
 Paschal s Annotated Digest, p. 920, note 11G8, where the authori 
 ties are collected ; Halleck s International Law 696 ; Rawle s Const. 
 95-101 ; Sergeant s Const, ch. 28, 30 ; 2 Kent s Com. 35, 42. The 
 naturalized foreigner is protected against the conscript laws of his 
 native sovereign. Ernest s Case, 9th Op. 357-363. The power to 
 Is the power naturalize is exclusive in the Federal government. The Federalist, 
 exclusive? Xo. 32, 42; Chirac v. Chirac, 2 Wheat. 259, 269; Rawle s Const. 
 84-88 ; Houston v. Moore, 5 Wheat. 48, 49 ; Golden v. Prince, 3 
 Wash. C. C. R. 313, 332; 1 Kent s Com. 397.) Story s Const. 
 1104; Thurlow v. Massachusetts, 5 How. 505; Smithy. Turner, 
 7 How. 556. The power must be exclusive or there could be no 
 Where alone UNIFORM RULE." (Federalist, No. 32;) Story s Const. 1104. 
 !jnatufali er Wnile the Constitution gave to the citizens of each State the 
 zation ? privileges and immunities of citizens in the several States, it, at 
 120-123. the same time, took from the several States the power of naturali- 
 
1.4.] NATURALIZATION-BANKRUPTCY, 93, 94. 113 
 
 zation, and confined that power exclusively to the Federal govern 
 ment The right of naturalization was, therefore, with one accord, 
 surrendered by the States, and confined to the Federal government. 
 Golden v. Prince, 3 Wash. c. c. 314. Naturalization is confined to 90. 
 persons born in foreign countries. Scott v. Sandford, 19 How. 417- 
 419. The Constitution has conferred on Congress the right to 220, 17, 18. 
 establish uniform rules of naturalization, and this right is evidently 
 exclusive. Id. 405. Negroes cannot be naturalized. Id. And Negroes, 
 no law of a State, passed since the Constitution was adopted, can 274. 
 give any right of citizenship outside of its own territory. Id. The 209- 
 naturalization law of 1790, only extended the privilege "to aliens 
 being free white persons." Id. Citizenship at that time was per 
 fectly understood to be confined to the white race. Id. Congress 
 might have authorized the naturalization of Indians, because they Indians, 
 were aliens and foreigners. Id. 420. For the latest collection of 
 the naturalization laws and notes thereon, see Paschal s Anno- 91, 92, 220. 
 tated Digest, arts. 5392-5412; notes 1168-1172, and 148-150. 
 A free white person born in this country, of foreign parents, is 
 a citizen of the United States. (Lynch v. Clarke, 1 Sandford s Ch. 
 R. 583.) 9 Op. 374. This is a universal principle unless changed 
 by statute, as in our own statute to prevent the alienage of chil 
 dren born abroad. 10 St. 604. Bates on Citizenship, 13. 
 
 Allegiance on the one side, and protection on tho other, con- Who are cit- 
 stitute citizenship under the Constitution. Smith v. Moody, 26 izens? 
 Inda. 305. Allegiance and protection constitute the sum of the 220-223. 
 duties and rights of a " natural born citizen of the United States." Whataretho 
 Bates on Citizenship, 15. Citizenship cannot depend on color or 
 caste. Id. 14-17. Alienage is the only disability to citizenship 
 recognized in the Constitution. Id. 
 
 94. UNIFORM SYSTEM OF BANKRUPTCY. BANKRUPT [banJce- What is a 
 rout]. Literally from Law French banke, Lat. bancus, a bench, bankrupt? 
 table, or counter, and roupt or rout, Latin ruptus, broken. One 95 
 whose bench or counter (place of business) is broken up. In 
 English law, a trader who secretes himself, or does certain other 
 acts tending to defraud his creditors. 2 Bl. Com. 285, 471; Bur- 
 rill s Law Die. BANKRUPT; 4 Inst. Ch. 63 ; Story s Const. 1112; 
 Cooke s Bankrupt Laws, Intr. 1. It is derived from the Roman 
 law. Idem. See Ogden v. Saunders, 12 Wheat. 2G4-270; Sturgis 
 v. Crowninshield, 12 Wheat. 273, 275, 280, 306, 310, 314, 335, 369; 
 and same case 4 Wheat. 122. By the American law, bankrupts 
 and bankruptcies are not confined to traders. See Acts of April 
 4, 1800; December 19, 1803; Aug. 19, 1841; 2 March, 1867; 
 James s Bankrupt Law, 1867, and notes ; Taylor s Bankrupt Law ; 
 2 Kent s Com. 390; 2 Story s Const. 1111-1115; Stephens s 
 Com. 180, 189. The leading features of " a system established by 
 law, as distinguished from ordinary law are, (1), the summary and 
 immediate seizure of all the debtor s property (or the voluntary 
 surrender of it) ; (2), the distribution of it among the creditors in 
 general; and (3), the discharge of the debtor from future liability 
 from debts then existing." Arcbbold s Law and P. of Bankruptcy 
 (llth ecu b. 2, pp. 139, 235-237; 2 Burr. 829. The American 
 "SYSTEM" seems to have broken down the distinction between 
 
114 
 
 BAKKKUPTCY, 95, 96. [Art. I., Sec. 8, 
 
 " BANKRUPTCY " and insolvency. Burrill s Law Die., BANKRUPT. 
 Sturgis v. Crowninshield, 4 Wheat. 122, 194, 193, 203; 2 Kent s 
 Com. 321. 
 
 What is 95. BANKRUPTCY. The act, state, or condition of a bankrupt. 
 
 bankruptcy? j status or condition fixed by legislative provision. (2 Bell s Com. 
 94 214.) A condition following upon the commission of certain acts 
 
 defined by law. (2 Stephens s Com. 191, 192; Williamson v. 
 Barrett, 13 How. 111. "A breaking up of the bank." Spencer v. 
 Billing, 3 Camp. 312.) In a looser sense, the stopping and break 
 ing up of business, because a man is insolvent, and utterly incapa 
 ble of carrying it on. (Arnold v. Maynard, 2 Story s R. 354, 
 359. See Sturgis v. Crowninshield, 4 Wheat. 122, 195, 202). Bur- 
 rill s Law Die. BANKRUPTCY. The state of a man unable to pursue 
 his business, and meet his engagements, in consequence of the de 
 rangement of his affairs. Crabbe s Rep. 456, 465. See Paschal s 
 Annotated Digest, BANKRUPTCY, note 278, p. 141. 
 
 What right 
 have the 
 States to 
 puss bank 
 rupt laws ? 
 
 How far d- 
 state bank 
 rtipt laws 
 discharge 
 debts? 
 
 Money. 
 
 96. The States have authority to pass bankrupt laws, provided 
 they do not impair the obligation of contracts, and provided there be 
 no act of Congress in force to establish a uniform system of bank 
 ruptcy conflicting with such laws. Sturgis v. Crowninshield, 4 Wh. 
 132, 273, 275, 280, 306, 314, 335, 369; McMillan v. McNeil, Id. 209. 
 But an act of a State legislature which discharges a debtor from all 
 liability for debts contracted previous to his discharge, on his sur 
 rendering his property for the benefit of his creditors, is invalid, so 
 far as it attempts to discharge, on the contracts with his credit 
 ors in other States than his residence. Farmers & Mechanics Bank 
 v. Smith, 6 Wh. 131. A mere insolvent law, however, is not within 
 the prohibition. Ogden v. Saunders, 12 Wheat. 213, Mason v. 
 Haile, Id. 370 ; Boyle v. Zacharie, 6 Pet. 348, 635 ; Beers v. Hough- 
 ron, 8 Id. 329; Suydam v. Broadnax, 14 Id. 67; Cook v. Moffat, 5 
 low. 295. The State bankrupt laws do not discharge debts con 
 tracted to citizens of other States, unless the contract be payable 
 within the state of the bankrupt. Beers v. Rhea, 5 Tex. 354. This 
 opinion reviews the various decisions of the supreme court of the 
 United States upon the subject, and concurs with their judgments, 
 though it is urged that the opinions have been inconsistent. 
 See Story s Conflict of Laws, 338-423. The reason of this 
 power is to prevent frauds where the parties or their property 
 may be removed into different States. (The Federalist, No. 32.) 
 Story s Const. 1105. 
 
 The Bankrupt Law of 1841 was held to be constitutional. Klein s 
 Case, 1 How. 277. The power of Congress is not an exclusive grant; 
 it may, therefore, be exercised within constitutional limits by the 
 States. Sturgis v. Crowninshield, 4 Wheat. 122. See James s Bank 
 rupt Law, p. 8. This book gives the Bankrupt Law of 1S67, anno 
 tated. 
 
 [5.] To coin money, regulate the value thereof, and 
 of foreign coin; and fix the standard of weights and 
 measures. 
 
Cl. 5.] TO COIN MONEY, 97-99. 115 
 
 97. To COIN. To stamp and convert into money, as a piece of What is 
 metal ; to mint; in a more general sense, to form by stamping ; as, coin? 
 to coin a medal. 2. To make or fabricate ; to invent ; to originate ; 
 as, to coin a word. Webster s Die., COIN. 
 
 "To COIN MONET," clearly means to mould into form a metallic What to 
 substance of intrinsic value, and stamp on it its legal value. The 
 thing so coi ied is itself " money, ipxe loquiter ; but a treasury note 
 is only a promise to pay money, and at the utmost, can only be, 
 like a bank bill, or a bill of exchange, a representative of money. 155. 
 Griswold v. Hepburn, 2 Duvall s Ky. Rep. 29. The phrase means 
 " to coin metal as the money of the United States " "They intend 
 ed that nothing else than metallic coin should be money, or be a 
 legal tender, immutum, as money. Id. 33, 34. " Currency " is not 
 money. Id. 33, 46, 47. 
 
 The articles of confederation read "To coin money and emit 
 bills of credit." (Ante, Art. IX., p. 17.) The latter words were 
 stricken out of a draft of the present Constitution. Id. The debate 
 given in full. Id. 31,32; Madison papers, 1343-4-5-6; Daniel 
 Webster; United States v. Marigold, 9 How, 567 ; Craig v. Missouri 72. 
 quoted. Id. 37, 38. And see the dissentient opinions, in the 
 Pennsylvania legal tender cases. 52 Penn. State Reports, 1-100. 
 
 A contract may be satisfied by a payment of what is a legal 
 tender at the time the contract is to be performed or the debt 
 falls due, although in depreciated money. (Davies Reports, 48.) 99, 100. 
 Shollenberger v. Brinton, 52 Penn. (2 P. F. Smith), 46. The 
 constitutionality is maintained in the opinions of a majority of the 
 judges, from pages 57 to 100. 
 
 This clause itself would carry along the right to regulate the value 
 of money. (Madison s Letter to Cabell, 18th Sept., 1828.) Story s 
 Const. 1117. 
 
 9. MONEY. Is the universal medium or common standard, by What is 
 comparison with which the value of all merchandise may be ascer- money? 
 tained ; or it is a sign which represents the respective values of all %& 
 commodities. (1 Black. Com. 276.) Story s Const. 1118. 
 
 Our review of the legislation of Congress has shown us that What is a le- 
 Congress has uniformly declared the money so coined, and the S al tender ? 
 value of which has thus been regulated, should be received as a 
 legal tender in payment of debts equally, whether due to the 82-84. 
 government or to private individuals, &c. Metropolitan Bank v 99, 100. 
 Van Dyck, 27 N. Y. 426. 
 
 The coin has no pledge of redemption; the intrinsic value is not Has coin a 
 a question ; the treasury notes have a pledge for redemption ; and plwi?e_of re- 
 they may become a substitute for coin. (Madison s Message.) emp I0 
 Metropolitan Bank v. Van Dyck, 27 N. Y. R. 430. 431. 
 
 99. AND REGULATE THE VALUE. For a history of the acts How regu- 
 regulating the value of money and prescribing legal tenders, see late tne 
 Metropolitan Bank r. Van Dyck, 27 N. Y. Rep. 424. This power 
 is limited to the coining and stamping the standard of value upon 
 what the government creates or shall adopt, and to punishing the 
 offense of producing a false imitation of what may have been so 155 
 created or adopted. Fox v. Ohio, 5 How. 433. 
 
 This power is exclusively in Congress. Rawle s Const. 102. 
 
116 TENDER-WEIGHTS, 100-102. [Art. I., Sec. 8, 
 
 What are the 10O. There is no express grant of power to make gold and 
 
 restric ^ r " 3 silver, or any thing else, a legal tender. Metropolitan Bank v. 
 
 tender? ^ an D yck, 2T N. Y. Rep. 426. But the power has been uniformly 
 
 exercised ever since the foundation of the government, unqiu-s- 
 
 9T. tioned by any. department of the Federal and State governments. 
 
 g^ This contemporaneous construction is to be received as evidence of 
 
 the power. (Martin v. Hunter, 1 Wh. 421; Cohens v. Virginia, 
 
 71. 6 Wh. 421 ; Briscoe v. The Bank of Kentucky, 11 Pet. 527 ; Moors 
 
 v. The City of Reading, 21 Perm. 188; Norris v. Clymer, 2 Penn. 
 
 277 ; The People v. Green, 2 Wend. 274; The People v. Coutant, 
 
 11 Wend. 511.) Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 
 
 427-8. A discretionary power must exist somewhere in every 
 
 government. Story s Const. 425; Anderson v. Dunn, 6 Wh. 
 
 204, 220 ; Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 429. 
 
 Is intrinsic The intrinsic value of the metal on which money is coined is of no 
 
 value <>f con- consequence. Id. 430. 
 
 Where a party deposited money with his banker upon general 
 97. principles, it became a loan to the bank, which fact is not over 
 ruled by the word "gold," against the amount on the depositor s 
 bank book. In such cases a tender of United States legal tender 
 treasury notes is sufficient. The depositor cannot demand gold as 
 his special deposit. Thompson v. Riggs, 5 Wallace. 
 
 What is a 1O1. " TO FlX THE STANDARD OP WEIGHTS AND MEASURES." 
 
 standard? To Fix is to make permanent, to regulate. Webster s Die. Fix. 
 A STANDARD is that which is established by authority, as the rule to 
 measure a quantity, as a gallon, a pound, or a weight. Webster. 
 The States are not expressly inhibited from exercising this power ; 
 and in the absence of Congressional legislation, it has been tole 
 rated. Rawle s Const. 102 ; Story s Const. 1122. 
 
 What is a 1O2. " WEIGHTS AND MEASURES." A " ton" is twenty hundred 
 ton? weight; each hundred weight being 112 pounds. Act of 30th 
 
 101. Aug., 1842. 1 Brightly s Dig. 370, 218. 
 
 What is a The brass troy pound weight, procured by the Minister of tho 
 
 standard United States in London, in the year 1827, for the use of the mint, 
 
 pound o U. and now j n the custo dy O f the director thereof, shall be the 
 
 standard troy pound of the mint of the United States, conformably 
 
 to which the coin thereof shall be regulated. 
 
 ITowotenis It shall be the duty of the director of the mint to procure and 
 standard safely keep a series of standard weights corresponding to the 
 aforesaid troy pound, consisting of a one-pound weight, and 
 the requisite subdivisions and multiples thereof, from the hundredth 
 part of a grain to twenty-five pounds. And the troy weights 
 ordinarily employed in the transactions of the mint, shall be regu 
 lated, according to the above standards, at least once in every year, 
 under his inspection ; and their accuracy tested annually in the 
 presence of the assay commissioners, on the day of the annual 
 assay. Act of 19th May, 1838, 4 St. 278; 3, 4 ; 1 Brightly s 
 Dig. "p. 635, 46, 47. 
 
 What is the What proof spirit shall be held and taken to be that alcoholic 
 Spirit l^uor which contains one-half its volume of alcohol of a specific 
 
 weight? gravity of seven thousand nine hundred and thirty-nine ten thou- 
 
01. 5.] 
 
 WEIGHTS AND MEASURES, 102. 
 
 117 
 
 sandths (7,939) at sixty degrees Fahrenheit; and the Secretary of 
 the Treasury is hereby authorized to adopt, procure, and prescribe 
 for use such hydrometers, weighing and gauging instruments, 
 meters, and other means for ascertaining the strength and quality 
 of spirits subject to tax, &c., and to insure a uniform and correct 
 system of inspection, weighing and gauging spirits subject to tax 
 throughout the United States, &c. Act of 2d March, 1867, 14 St. 
 481. 
 
 The following is the first general act of Congress which I find 
 on the subject of weights and measures ; and certainly it is of suf 
 ficient importance to occupy a place in a Manual of this kind: 
 
 CHAP. CCCI. "An Act to authorize the use of the Metric System of Act of 2Sth 
 
 Wtights and Measures. J ul ^ ^ee, 
 
 14 ot.j ooy ? - 
 
 Be it enacted, &c., That from and after the passage of this 340 - 
 act it shall be lawful throughout the United States of America to What is the 
 employ the weights and measures of the metric system ; and no standard of 
 contract or dealing, or pleading in any court, shall be deemed measures? 
 invalid or liable to objection because the weights or measures ex 
 pressed or referred to therein are weights or measures of the 
 metric system. 
 
 2. The tables in the schedule hereto annexed shall be recognized The metric 
 in the construction of contracts, and in all legal proceedings, as system 
 establishing, in terms of the weights and measures now in use in 
 the United States, the equivalents of the weights and measures recognized ? 
 expressed therein in terms of the metric system ; and said tables 
 may be lawfully used for computing, determining, and expressing 
 in customary weights and measures the weights and measures of 
 the metric system. 
 
 MEASURES OF LENGTH. What for 
 meusuririi. 
 
 METRIC 
 
 DENOMINATIONS AND VALUES. 
 
 length ? 
 
 
 Myriameter 
 Kilometer 
 
 10 000 meters 
 
 6.2137 miles. 
 0.62137 miles, or 3280 feet und ten iuchea. 
 328 feet and 1 inch. 
 393.7 inches. 
 39.37 inches. 
 3.937 inches. 
 0.3937 inches. 
 0.0394 inches. (0.0393!) 
 
 
 Hectometer 
 Dekameter. 
 
 . . . 100 meters. 
 
 
 Meter 
 
 
 
 10 of a meter 
 
 
 
 
 Millimeter.. 
 
 
 
 MEASURES OF SURFACE. 
 
 Surface. 
 
 
 
 
 
 
 
 
 
 
 s tires of sur 
 
 Hectare 
 
 .. 10,000 squ 
 
 we meters. 
 
 2.471 acres. 
 
 face? 
 
 Are 
 
 100 squ 
 
 ire meters. . 
 
 119.6 square yards. 
 
 
 CenUre 
 
 1 squ 
 
 ire meter. 
 
 looO square inches. 
 
 
118 WEIGHTS AND MEASURES, 102, 103. [Art I., Sec. 8, 
 
 Capacity. MEASURES OF CAPACITY 
 
 For mea 
 sures of 
 capacity. 
 
 METRIC DENOMINATIONS AND TALUKS. 
 
 EQUIVALENTS IN DENOMINATIONS 
 IN USB. 
 
 Names. 
 
 Number of 
 liters. 
 
 Cubic measure. 
 
 Dry Measure. 
 
 Liquid or Wino 
 Measure. 
 
 Kiloliter, or store 
 Hectoliter 
 
 1,000 
 100 
 
 1 cubic meter 
 "| o of a cubic meter.... 
 
 1.308 cubic yards 
 2 bushels & 3.35 pecks 
 
 264.17 gallons. 
 26.417 gallons. 
 
 Dekaliter 
 
 10 
 
 10 cubic decimeters... 
 
 9.08 quarts 
 
 2.6417 gallons. 
 
 Liter 
 Deciliter 
 Centiliter 
 Milliliter 
 
 TV 
 ToU 
 TooTJ 
 
 1 cubic decimeter 
 
 1 of a cubic decline ter 
 "l 
 10 cubic centimeters. . 
 
 1 cubic centimeter.. . 
 
 0.908 quarts 
 0.1042 cubic inches... . 
 0.6102 cubic inches.... 
 0.061 cubic inches 
 
 1.0567 quarts. 
 0.845 gills. 
 0.388 fluid ozs. 
 0.27 fluid dr s. 
 
 Weights. 
 
 "What stand 
 ard of 
 weights 
 
 WEIGHTS. 
 
 METRIC DKNOMINATIONS AND VALUES. 
 
 Names. 
 
 No. of Grams. 
 
 Weight of what quantity 
 of water at maximum 
 density. 
 
 Avoirdupois weight. 
 
 Millier or Tonneau 
 
 
 
 
 Quintal 
 
 100 000 
 
 
 
 
 10 000 
 
 10 liters 
 
 
 Kilogram or kilo. . . . 
 
 1 000 
 
 1 liter .... 
 
 2 2046 pounds. 
 
 
 100 
 
 
 
 Dekagram 
 Gram 
 
 10 
 1 
 
 1 cubic centimeters 
 
 0.3527 ounces. 
 15432 grains. 
 
 Decigram 
 Centigram 
 Milligram 
 
 i 
 
 1 00 
 
 ToVo 
 
 _1_- of a cubic centimeter. 
 10 cubic millimeters 
 1 cubic millimeter 
 
 1.5432 grains. 
 0.1543 grains. 
 0.01 54 grains. 
 
 What power 
 
 [6.] To provide for the punishment of counterfeiting 
 e securities and current coin of the United States. 
 
 What is 1O8. COUNTERFEITING. [Law Latin, Contrafactum.] That which 
 
 counterfeit- j s made in imitation of something, but without lawful authority, or 
 
 DS contrary to law, and with a view to pass the false for the true. 
 
 (Wharton s Lex.) Burr-ill s Law Die., COUNTERFEITING. 
 
 The making in the semblance of true gold or silver coin any 
 coin having in its composition a less proportion of the precious 
 metal than is contained in the true coin, with intent to pass the 
 same; or the altering of coin of lesser value, so as to make it re 
 semble coin of the higher value. Paschal a Annotated Digest, 
 
01. 6, 7.] COUNTERFEITING, P. O., 103, 104. 119 
 
 Arts. 2113, 2114. See the Act to Punish, 1 Brightly s Dig., p. 215, 
 Art. VII, 73-79 
 
 Whether Congress has power to provide for the punishment of 
 passing counterfeit coin, has been doubted. This power is cer- Have the 
 tainly possessed by States. Metropolitan Bank v. Van Dyck, States power 
 "11 N. Y. 420. But Congress may, without doubt, provide for unterfeit- 
 punishing the offense of bringing into the United States, from a ing? 
 foreign place, false, forged, and counterfeit coins made in the 
 similitude of coins of the United States; and also for the punish 
 ment of the offense of uttering and passing the same. United 
 States v. Marigold, 9 How. 5UO ; Metropolitan Bank v. Van Dyck, 
 27 N. Y. Rep. 450. In Fox v. Ohio, 5 How. 435, Mr. Justice 
 McLean dissented ; and insisted that Congress has the right (and 
 has exercised it) to punish the uttering of counterfeit coin ; aud 
 therefore the States have not the same power. 
 
 The right to punish the counterfeiting of the public coin is vested 
 exclusively in Congress; and it cannot be concurrently exercised 
 by the States ; and such a State law is void. Mattison v. The State 
 of Missouri, 3 Mo., 421. 
 
 In Fox v. The State of Ohio, this court have taken care to point 
 out that the same Act might, as to its character, tendencies, and 
 consequences, constitute an ofleVise against botli the State and the 
 Federal governments, and might drSw to its commission the penal 
 ties denounced by either, as appropriate to its character in reference 
 to each. (Fox v. Ohio, 5 How. 433.) United States v. Marigold, 
 
 9 How. 560; Story s Const. 1123, note 4. 
 
 And see United States v. King, 5 McLean, 203; United States v. 
 Burns, Ibid. 23; United States v. Brown, 4 Ibid, 142; United 
 States v. Morrow, 4 W. C. C. R. 733 ; United States v. Gardner, 
 
 10 Pet. 618; Commonwealth v. Hutchinson, 2 Pars. 354; United 
 States v. Hutchinson, 7 Penn. Law J. 365. 
 
 [7.] To establish post-offices and post-roads. 
 
 1O4. " ESTABLISH " is the ruling term ; post-offices and post- What is trie 
 roads are the subjects on which it acts. The power is thereby J" sti P rt 
 given to fix on towns, court houses, and other places throughout ^ordsfand 
 our Union, at which there should be post-offices, the routes by the extent 
 which mails should be carried from one post-office to another, to fix of the grant? 
 the rate of postage, and to protect the post-offices and mails from 
 robbery. (President Monroe s Message, 4th May, 1822, pp. 24-27.) 
 Story s Const. 1129, note 2, of third edition. 
 
 The word " ESTABLISH," in other parts of the Constitution, is 8, _13, 93-95, 
 
 used in a general sense. Thus, " to establish justice ;" " and estaft- jj 
 lish this Constitution;" "to establish a uniform rule of natural- es t a bii 8 h. 
 ization and system of bankruptcies;" "such inferior courts as 
 Congress may ordain and establish ;" " the establishment of this 
 Constitution ;" "an establishment of religion." 
 
 The clear import of the word is, to create, form, and fix in a 101. 
 settled manner. Story s Const. 1131. 
 
 The controversy has been between the power to make the roads 
 and the power to fix on and declare them mail routes, after the ex- 
 
120 POST-OFFICES, 104, 105. [Art. I., Sec. 8, 
 
 tending settlements have opened, established, adopted, or built roads 
 and paths. See the subject fully discussed in Story s Const, chap. 
 XVIII. 1124-1150; and Notes to Third Edition; and 1 Kent s 
 Com. Lect. XII. 267-268. 
 
 The Confederate Constitution added this sentence: "But the 
 expenses of the Post-Office Department, after the first of March, in 
 the year of our Lord eighteen hundred and sixty-three, shall bo 
 paid out of its own revenues." Paschal s Annotated Digest, 88. 
 
 The first year s history of the insurgent government demon 
 strated the impracticability of the restriction. 
 
 What are 1O5. POST-OFFICES. As understood, under the Confederation, 
 post-offices ? and since carried out by statutes, and in practice, post-offices may 
 be defined to be the General Post-Office at Washington, presided over 
 by one of the President s advisers, called the Postmaster-General. 
 This office was first held by Dr. Franklin, in 1775. (Story s Const. 
 1126, note 1.) It is now an immense palace (with over a hundred 
 rooms), erected and owned by the government, wherein the whole 
 of the postal service of the United States is superintended and the 
 business directed, and where all contracts for mail service are let, 
 and the accounts therefor are settled. The Postmaster-General is 
 assisted by three Assistant Postmaster-Generals, an Auditor, and 
 several hundred clerks. Every postmaster in the United States is a 
 deputy to the Postmaster-General. There are numerous route agents 
 and detectives : and every line of post-roads is well known and care 
 fully watched. Every place in the United States, whether in office, 
 house, tent, booth, boat, vessel, car, wagon, or box, where the 
 mails are opened and the mail matter delivered, is called a " POST 
 OFFICE," and the sworn and bonded deputy who opens and delivers 
 19, 35, 169. the written and printed matter received, is called a " POSTMASTER ;" 
 although many of them might be called "POSTMISTRESSES," as 
 ladies are frequently appointed of late years. 
 
 Describe the The first post-office ever established in America seems to have 
 postal ser- been under an act of Parliament in 1710. (Dr. Lieber s Encyc. 
 Ylce< Amer., POSTS.) In England the first regular mode adopted was in 
 
 1642. (Malkin s Introductory Letter.) In 1790 there were 75 
 post-offices in the United States; 1,875 miles of post-roads; the 
 amount of postage was $37,935. In 1828 there were 7,530 post- 
 offices ; 115,176 miles of post-roads, and the amount of postage was 
 $1,659,915. (The American Almanac Repository, Boston, 1830. 
 p. 217; American Almanac for 1832, p. 134; Dr. Lieber s Encyc. 
 Americana, Article POSTS.) Story s Const. 1125 (3d ed., note 1.) 
 In 1866 there were 23,828 post-offices; 180,921 miles of post- 
 roads; amount of postage, $14,386,986.21. 
 
 For the rates of foreign postage, and monthly valuable statistics, 
 see " United States Mail and Post-Office Assistant," New York. 
 
 The rates for letters are three cents for every half ounce, in the 
 United States. All mail matter is charged by weight. 
 
 What im It is questionable whether the government could peaceably re- 
 
 provement turn to the unequal charges of our fathers. It can be hoped, that 
 fng suggS- some Public man ma 7 7 et develop the idea, that a system of carry - 
 ed? ing the mails by weight would be practicable ; more just to the car 
 
 riers ; more economical to the government ; and immensely bene- 
 
Cl. 7 8.] p. E. SCIENCE ARTS, 106, 107. 121 
 
 ficial to the people, as thereby the carrying need not to be profess 
 edly limited to paper; but (like our immense express companies, 
 which first forced upon the government the weight system of 
 tariffs,) every thing might be carried and charged for by the ounce, 
 with a direct responsibility upon the government for safe delivery. 
 To the " regulations " of rates may be added the volume of 
 laws and regulations sent out every year, which establish "post- 
 offices and post-roads," and regulate the service and punish infrac 
 tions of the law. 
 
 106. "POST ROADS." Every railroad, turnpike, wagon-road, What are 
 path, river, creek, ocean, sea, gulf, lake, and pond, over which post-roads ? 
 mails are transported, may be denominated post-roads. 
 
 Every person and corporation engaged in carrying and deliver- Who are 
 ing the mails, is called a mail carrier or contractor ; and they all "? ail car- 
 act under official responsibility. It may at once be deduced that ne 
 the books, maps, reports and information to be gathered from the 
 General Post-Office Department is the most valuable to the student 
 of geography in the United States. 
 
 Among the "REGULATIONS" are the rates for carrying mail- What are the 
 matter, which, in 1846, were changed from the senseless method rates^ of 
 of charging the "single letter" at 25 cents and the "double let- fhTcEu-ges ? 
 ter " in proportion, regardless of weight or value, to the common 
 sense tariff of weights. The present laws regulating post-offices 
 and post-roads, the rates of postage, the franking privilege, and the 
 whole mail service, will be found in books issued by the Postmas 
 ter-General, and in Brightly s Dig. pp. 363 to 383 ; see also 2 Bright- 
 ly s Dig. 750 to 800. 
 
 It is under this power that Congress has adopted the mail regula- What are 
 tions of the Union, and punishes all depredations on the mail. the powers 
 Sturtevants v. City of Alton, 3 McLean, 393. The power to estab- of 
 lish post-roads is restricted to such as are regularly laid out under 
 the laws of the several States. Cleveland, Painesville and Ashtabula 
 R. R. Co. v. Franklin Canal Co., Pittsburg L. J., 24th December, 
 1853; Pennsylvania v. Wheeling and Belmont Bridge Co., 18 How. 
 421 ; Dickey v. Turnpike Road Co., 7 Dana, 113; 1 Kent s Com. 281, 
 282. 
 
 But under this power Congress may make, repair, keep open, and 78-80. 
 improve post-roads. Dickey v. Turnpike Road Co. 7 Dana, 113. 
 For conflicting views, see 1 Kent s Com. llth ed. p. 268, note c. 
 
 Nothing which tends to facilitate the intercourse between the 
 States, can be deemed unworthy of the public care. Federalist, 
 No. 42. 
 
 [8.] To promote the progress of science and the what is tho 
 useful arts, by securing, for limited times, to authors author 
 
 and inventors the exclusive right to their respective 111 
 writings and discoveries. 
 
 1O7. To PROMOTE [Promovno, pro and moveo, to move] is here To promote, 
 used to advance, foster, and encourage, by all the liberal legislation 
 which can aid. Worcester s Die. PROMOTE. 
 6 
 
122 
 
 SCIENCE AUTHORS, 107. [Art. I., Sec, 8, 
 
 Progress. 
 
 Define 
 science. 
 
 Arts. 
 
 Distinguish 
 
 THE PROGRESS [Projresstis, Projredior, advancement], that is 
 the growth, advancement of, and constant progression. \Vorc. 
 Die. PROGRESS. 
 
 SCIENCE. [SCIENTIA, from Scio, Scire to know.] Knowledge. It 
 is used here in the sense of Abstract, Mental, Mathematical, 
 Natural, and Physical Science. (See the whole detinitions and 
 synonyms,) Webster s Die. SCIENCE. 
 
 As practically illustrated by our legislation, the word has no 
 limitation in the whole range of literature and knowledge, since all 
 authors have a right to obtain copy-rights for their books, maps, 
 pictures, and ever} r thing printed and first published as such in the 
 United States. Clayton v. Stone, 2 Paine. 383 ; Jollie v. Jaques, 
 1 Blatch. 618 ; Binns v. Woodruff, 4 W. C. C. 48 ; Wheaton v. 
 Peters, 8 Wheat. 591. 
 
 " AND USEFUL ARTS." ART [ Ars, Arlis]. The power of doing 
 something not taught by nature. Worcester s Die. ART. 
 
 This word is also intimately connected with science. 
 
 The distinction between Science and Art is, that Science is a 
 
 science and 
 art 
 
 Define se 
 cure. 
 
 between^ ^ body of principles and deductions, to explain the nature of 
 some matter. An Art is a body of precepts, with practical 
 skill for the completion of some work. Science teaches us 
 to know; an Art to do. In Art truth is means to an end; in 
 Science it is the only end. Hence the practical arts are not to 
 be classed among the sciences. (Whewell.) Wore. Die. SCIENCE. 
 Science never is engaged, as art is, in productive application. 
 (Kearslake) Worcester. 
 
 BY SECURING. [Securus, se and cura, or without care.] Here 
 used, by protecting in the exclusive use of; to make certain; to 
 put beyond hazard; to assure; to insure; to guaranty. Worces 
 ter s Die. SECURE. 
 
 Why a limit- " FOR A LIMITED TIME." Not perpetually ; but for a reasonable 
 edtime? time. The Acts of Congress have generally fixed the limit of 
 fourteen years, which was the period in England when the Consti 
 tution was adopted. 2 Bl. Com. 406, 407, Christian s notes, 5, 85 ; 
 Millar v. Taylor, 4 Burroughs, 2303 ; Rawle s Const, eh. 9, pp. 105, 
 106; 2 Kent s Com. Lect. 36, pp. 299-306. The case in Burroughs, 
 2303, exhausts the whole ancient learning on the subject of copy 
 rights. It is a grant by the government to tho author of a new 
 and useful invention, of the exclusive right for a term of years, tho 
 practising that invention. Curtis on Patents, p. LX. 
 
 " USEFUL," utility, has been long exploded as an unnecessary and 
 superfluous condition. Millar v. Taylor, 4 Bur., 2303 ; Hall s 
 New York edition, 182. Puffendorf, Lib. 4 c. 5, p. 378, note 1. 
 Who is an " To AUTHORS." [ylwcfor.] He to whom any tiling owes its 
 author? origin; originator; creator; maker; first cause. One who com 
 pletes a work of science or literature; the first writer of any thmg 
 distinct from a translator or compiler. Wore. Die. AUTHOR. 
 Flow are In the United States, an author has no exclusive property 
 
 copy-rights j n a published work, except under some act of Congress. Whea 
 ton v. Peters, 8 Pet. 591 ; Jefferys v. Booaey, 30 Eng. L. & Eq. 1 ; 
 Dudley v. Mayhew, 3 Comstock, 12. It had been decided in Great 
 
01. 8.] AUTHORS INVENTORS, 107, 108. 123 
 
 Britain before the revolution, to be a common law right. Sto 
 ry s Const. 1152. Overruled. Dudley v. Mayhew, 3 N. Y. (3 
 Const.) 12. 
 
 The power is confined to authors and inventors ; and cannot be 
 extended to the introducers of new works or inventions. Story s 
 Const 1153. See Federalist, No. 43; 1 Tuck. Black. Com. App. 
 2G5, 266; Hamilton s Report on Manufactures, 8, pp. 235, 230; 
 Livingston v. Van Ingen, 9 John. 507 ; Journal of Convention, 260, 
 261, 327-329. - 
 
 1O8. AND INVENTORS." [Invento; in, and venio, to come.] Who aro 
 
 To invent is to devise something new, not before made, or inventorsf 
 to modify and combine things before made or known, so as to form 
 a new whole. Wore. Die. INVENT. One who invents ; a con 
 triver. This right was saved out of the statute of monopolies in 
 the reign of Kin^ James the First, and has ever since been allowed 
 for a limited period, not exceeding fourteen years. 2 Black. Com. 
 406, 407 ; Christian s notes, 5, 8 ; 2 Kent s Com. Lect. 36. pp. 306- 
 315. 
 
 Patents are entitled to a liberal construction, since they are For what are 
 not granted as restrictions upon the rights of the community, 
 " to promote the progress of science and the useful arts." Blan- 
 chard v. Sprague, 3 Sumner, 535; Grant v. Raymond, 6 Pet. 218; 
 Hogg v. Emmerson 6 How. 486; Brooks v. Fisk, 15 Id. 223. 
 The power of Congress to legislate upon the subject of patents is 
 plenary, by the terms of the Constitution ; and as there are no re 
 straints on its exercise, there can be no limitation of its right to 
 modify them at its pleasure, so that they do not take away the 
 rights of property in existing patents. McClurg v. Kingsland, 1 
 Id. 206. Evans v. Eaton, 3 Wheat. 545; s. c. 7 Wheat. 356; 
 Evans v. Hettisli, 7 Wheat. 453 ; Blanchard v. Sprague, 3 Sumner, 
 541. Therefore, Congress has the power to grant the extension 
 of a patent which has been renewed under the act of 1836. 
 Bloomer v. Stolley. 5 McLean, 1 58. Its power to reserve rights 
 and privileges to assignees, on extending the term of a patent, i3 
 incidental to the general power conferred by the Constitution. 
 Blanchard s Gun-Stock Turning Factory v. Warner, 1 Blatch. 258. 
 
 Perhaps there is nothing which has tended more to the rapid 
 development of American genius, character, and improvement, than 
 the laws securing to authors and inventors their rights. The 
 Patent Office is, perhaps, the most commodious house in America. 
 There are collected the applications, specifications, drawings, 
 and models of the inventors, whose works have dispensed with 
 the hand-labor of more millions than the world now contains. 
 From this office issues annually a report of the current inven 
 tions. No lover of the development of his country should visit 
 Washington without giving himself a week to examine the won 
 derful mysteries of the Patent Office. 
 
 For a most able treatise upon the law of patents, the reader is 
 referred to the very able work of Curtis on Patents, 1867 ; to the 
 " PATENT LAWS," issued by the Patent Office ; 1 Brightly s Dig. 
 COPY RIGHT, p. 193; Patents, 721, and accurate notes: 2 Bright 
 ly, 353. 
 
124 TRIBUNALS PIEACY, 109-111. [Art. L, Sec. 3, 
 
 [9.] To constitute tribunals inferior to the Supreme 
 Court. 
 
 1O9. To CONSTITUTE here means to create and organize, defin 
 ing- the jurisdiction. 
 
 TRIBUNAL [Lat. TRIBUNAL] Bench of a judge; hence courts of 
 justice, subject to the superior jurisdiction of the Supreme Court. 
 Webster s Die., TRIBUNAL. 
 
 Do State de- See American Insurance Company v. Canter, 1 "Pet. 546. This 
 
 rSl nS ro b )ef * power affor(ls no P retext for abrogating any established law of 
 
 ty^oatrolT" P ro P ert 7j r f r removing any obligation of her citizens to submit 
 
 to the rule of the local sovereign. Suydam v. Williamson, 24 How. 
 
 433. Where any principle of real property has been settled in a 
 State court, the same rule will be applied by this court. (Jackson 
 v. Chew. 12 Wh. 162; Beauregard v. New Orleans, 18 How. 497); 
 Suydam v. Williamson, 24 How. 432, 434. Even to the over-ruling 
 of our decisions, which have not been followed by the State courts. 
 (Arguello v. The United States, 18 How. 539 ; League v. Egery, 24 
 Id. 265-6; Foote v. Egery, Id. 268); Suydam v. Williamson, Id. 
 
 434. In the last cases, we followed the interpretation of the 
 Supreme Court of Texas, rather than our own, upon the 4th article 
 of the National Colonization Law of Mexico. Suydam v. William 
 son, 24 How. 434. In a case of conflict of jurisdiction between the 
 court of a State and that of the United States, that which first 
 attaches should hold. Taylor v. Carryl, 20 How. 583. 
 
 What tribu- The tribunals which have been established under this power are 
 Leen^stab the Circuiti 9 urts and tne District Courts of the United States, 
 lished under between which have been divided the controversies between liti- 
 this power? gants. See Brightly s Digest, pp. 124 to 129, 228 to 23 L. 
 
 And to these may properly be added the court of claims, which 
 has a special limited jurisdiction in certain suits against the United 
 States, and the commissions and tribunals created at different 
 times for the trial of certain land claims arising under the treaties 
 with France, Spain, and Mexico. 
 
 Define the [io.] To define and punish piracies and felonies 
 power on committed on the high seas, and offenses against the 
 
 crimes. 
 
 law or nations. 
 What is to HO. To DEFINE is to give the limits or precise meaning of a 
 
 word or thing in being; to make, is to call into being. Congress 
 
 has power to define, not to make, the laws of nations; but Congress 
 129. has the power to make rules for the government of the army and 
 
 navy. James Speed, Attorney-General, upon the right to try by 
 111. Military Commission, the conspirators to murder President Lincoln, 
 
 July, 1865, p. 4. 
 
 How has 111. To PUNISH, in this sentence, is to inflict the penalty of 
 
 Conjrress-de- the law, which, in cases of piracy, is, by the law of nations, death. 
 
 Had Congress simply declared that piracy should be punished with 
 
 110. death, the offense would have been sufficiently defined. Congress 
 
 may as well define by using a word of known and determinate 
 
 meaning, as by an express enumeration of all the particulars in- 
 
01.9,10.] FELONY SEAS, 112-114. 125 
 
 eluded in that terra. But it was intended not merely to define 
 piracy as known to the law of nations, but to enumerate what. 
 crime in the national code should be deemed piracy. And so the 
 power has been practically expounded by Congress. (United States 
 v. Smith, 5 Wheat. 153-163.) Story s Const. 1159; 1 Stat. 113, 
 3 Stat. 600. 
 
 112. "PIRACY" is robbery or forcible depredation on the high What is pi- 
 seas, without lawful authority, and done, animo furandi, in the rac 7* 
 spirit and intention of universal hostility. 1 Kent s Com. 183 ; 
 
 Story s Const. 1160. The acts which, if committed upon land, 
 
 would have amounted to felony there. 7 East. PI. of the Crown, 796. 
 
 It is the same offense at sea with robbery on land. 1 Kent s Com. 
 
 183 ; Wharton s Am. Crim. Law, 2816-2855. The crime of piracy 
 
 is defined by the law of nations with reasonable certainty. United 
 
 States v. Smith, 5 Wh. 153. And see Story s Const. 1158, 1159; 
 
 The Federalist, No. 4; Rawle on the Const., ch. 9, p. 107; 2 A pirate? 
 
 Elliott s Debates, 389, 390. A PIRATE is a rover and robber upon 
 
 the sea, an enemy to the human race. Cowel ; Webster; 3 Inst. 
 
 113; Bun-ill s Law Die., PIRATE; 4 Bl. Com. 71-73. Piracy is 
 
 defined by Congress in the Acts 13 April, 1790. 1 Stat. 113; and 15 
 
 May, 1820, 3 Stat. 600. Brightly s Dig. 207, 208. 
 
 113. FELONY comprises every species of crime which occa- What is fel- 
 sioned, at common law, the forfeiture of lands and (or) goods. on y * 
 
 All offenses which are capital, and some which are not capital. 
 (Co. Litt. 391 ; 2 Black. Com. 93-98 ;) Story s Const. 192-194, 1 161. 
 Felony is a loose term, and needs to be defined. (Federalist, 
 No. 42; Elliott s Debates, 389, 390); Story s Const. 1160; 
 Bun-ill s Law Die., FELONY, where there are many learned cita 
 tions of original authors. Woodeson s Lee. 306. 
 
 Felony on the high seas seems not to be of a technical common What is fel- 
 law, but of civil law definition. (United States v. Smith, 5 Wheat. "y on tho 
 153, 159; 3 Inst. 112; Co. Litt. 391, a); Story s Const. 1162. 
 
 The Acts of 26 March, 1804, 2 Stat. 290 ; 3 March, 1825, 4 St. 
 115; 3 March, 1835, 4 St. 775; 8 Aug. 1846, 9 St. 73, all define 
 and punish felony. 1 Brightly s Dig. 208-211. 
 
 114. "HiGH SEAS" [Attum mare. ] Not only the waters of the What are tho 
 ocean, which are out of sight of land, but the waters on the sea-coast, h 8 11 seas 
 below low- water mark, whether within the territorial boundaries 
 
 of a nation or of a domestic State. (United States v. Pirates, 5 
 Wheat. 184, 200, 204, 206; United States v. Wilberger, 5 Wheat, 76, 
 94). Story s Const. 203, 1164. And see, 4 Black. Com. 110 : Con 
 stable s Case, 5 Co. Eep. 106; 3 Inst, 13 ; 2 East s P. C. 802, 803; 
 Hale in Harg. Law tracts, ch. 4, p. 10 ; 1 Hale s P. C., 423, 424. 
 
 As to the States of the Union, " High Seas " may here be taken 
 to mean that part of the ocean which washes the sea-coast, and is 
 within the body of any county, according to the common law ; and 
 as to foreign nations, any waters on their seacoast below low-water 
 mark. (Rawle s Const, ch. 9, p. 147 ; 3 Id. 439, 441 ; Sergt s. Const, 
 ch. 28, [ch. 30] ; 1 Kent s Com. Lect. 17, p. 342 ; United States v. 
 Grush, 5 Mason s R. 290); Story s Const. 1164; 1 Kent s Com. 
 
126 OFFENSES, 114, 115, 116. [Art. I, Sec. 8. 
 
 397; "Waring v. Clark, 5 How. 453, 462; Pyrodus v. Howard, 7 
 Pet. 342, 324; Howard v. Ingersol), 13 How." 421, 424; Schooner 
 Harriet, 1 Story s R. 259 Jones v. Root, G Mass. 435 ; The case 
 of Waring v. Clarke, 5 How. 451-504, exhausts the whole learning 
 on the subject. 13 How. 421-424; Angel on Tide-waters, ch. 3, 
 p. 53 ; Id. ch. 1, pp. 15-34. 
 
 "What are 115. "OFFENSES AGAINST THE LAW OF NATIONS." Many of the 
 
 offenses offenses against the law of nations, for which a man may, by the laws 
 ffwofua- 6 of war lose his life lu s l ibertv > or his property, are not crimes. It is 
 tions? an offense against the laws of nations and of war to break a lawful 
 
 192-124. blockade, to hold communication or intercourse with the enemy, to 
 act as spy (is an offense against the laws of war, and the pun 
 ishment for which, in all agos, has been death) ; to violate a flag of 
 truce, to unite with banditti, jayhawkers, guerillas, or any other 
 217-223. unauthorized marauders. And yet these are not crimes. 
 Some of the offenses against the laws of war are crimes, and 
 Arealloffen- some not. Because they are crimes, they do not cease to be 
 es crimes? o ff eases against those laws; nor because they are not crimes 
 or misdemeanors do they fail to be offenses against the laws of 
 252-255. war. Murder is a crime, and the murderer, as such, must be 
 proceeded against in the form and manner prescribed in the 
 Constitution ; in committing the murder an offense may also 
 have been committed against the laws of war. For that offense he 
 must answer to the laws of war, and the tribunals legalized by 
 that law. 
 
 255. There is, % then, an apparent but no real conflict in the constitu 
 
 tional provisions. Offenses against the laws of war must be dealt 
 with and punished under the Constitution as the laws of war, they 
 being a part of the law of nations, direct : crimes must be dealt 
 with and punished as the Constitution, and laws made in pursuance 
 thereof, may direct. (Speed on the Conspirators, July, 1 865.) 
 
 Define the 116. "LAW OF NATIONS." A code of public instruction, which 
 law of na- defines the rights and prescribes the duties of nations in their 
 tions. intercourse with each other. 1 Kent s Com. 1,2; Halleck s In 
 
 ternational Law, 1, and numerous citations. 
 
 Can Con- Mr. Randolph, then Attorney-General, said : " The law of 
 
 gress change nations, although not specifically adopted by the Constitution, is 
 
 nations? "* essentially a part of the law of the land. Its obligation commences 
 
 and runs with the existence of a nation, subject to modification on 
 
 some points of indifference." (See opinion Attorney-General, vol. 
 
 1, page 27.) Hence Congress may define those laws, but cannot 
 
 abrogate them ; or, as Mr. Randolph says, may " modify on some 
 
 points of indifference.* (Speed on the Conspirators), July, 1863. 
 
 That the laws of nations constitute a part of the laws of the 
 
 land is established from the face of the Constitution, upon principle 
 
 and by authority. Id. 
 
 117, 118. But the laws of war constitute much the greater part of the law 
 
 of nations. Like the other laws of nations, they exist and are of 
 binding force upon the departments and citizens of the govern 
 ment, though not defined by any law of Congress. Id. 
 
OL10.ll.] WAR, 117, 118. 127 
 
 Congress can declare war. When war is declared, it must be, When war 
 under the Constitution, carried on according to the known laws js declared 
 and usages of war amongst civilized nations. Id. wTwIgldt 
 
 [11.] To declare war, grant letters of marque and W1 j t l ^ g th(5 
 reprisal, and make rules concerning captures on land war power? 
 and water. 
 
 117. " To DECLARE WAR." See Confederation, Art. IX. p. U. 
 
 "To DECLARE," may be as well by a formal recognition, as by a How is war 
 declaration in advance. Thus in our war with Great Britain in declared? 
 1812 : " That war be, and is hereby declared to exist, between the 
 United Kingdom of Great Britain and Ireland and the dependencies 
 thereof, and the United States of America and their territories." 
 Act of 1812, ch. 102; 2 St. 755 ; Story s Const. 1174; Talbot v. 
 Seaman, 1 Cranch, 28; Bas v. Tingey, 4 Dall. 37. 
 
 And in the war with Mexico, in 1846, after the commencement 
 of hostilities : " Whereas war exists, with Mexico, by the act of 
 Mexico." 9 St. 9. 
 
 So in the qualified war with France, in 1798, which was regulated 
 by sundry acts confining the war within certain limits. Rawle s 
 Const, ch. 9, p. 109. 
 
 During the rebellion, the existence of the civil war was recognized 
 in a number of acts of Congress, but there was no formal recogni 
 tion of the war. 
 
 To declare war in Great Britain is the exclusive prerogative of 
 the Crown; and in other countries, it is usually, if not universally, 
 confided to the executive department. (I Tucker s Black. App. 
 271; 4 Black. Com. 257, 258.) Story s Const. 1170. See Federal 
 ist, No. 41. See Halleck s International Law, ch. 20-24. pp. 289- 
 992. 
 
 WAR is " that state in which a nation prosecutes its right by what is 
 force." The Prize Cases, 2 Black, G6G. (A state of forcible conten- war? 
 tion; of armed hostility between nations. Grotius de jure bell. lib. 116. 
 1. c. 1.) Civil war exists when the regular course of justice is What is 
 interrupted by revolt, rebellion, or insurrection, so that courts of clv ^ wur ? 
 justice cannot be kept open. The Prize Cases, 2 Black, 6G7. 132. 
 Congress alone has the power to declare a national or foreign war ; 234, 235. 
 but not against a State, or any number of States, under the Consti 
 tution. But the President may resist the insurrection without a 
 declaration of war. The Priae Cases, 2 Black s Rep. 668, 669. 
 
 A civil war is waged because the laws cannot be peaceably Why is civil 
 enforced by the ordinary tribunals of the country through civil pro- war wagedf 
 cess and by civil officers. Speed on the power to execute the 
 assassins of the President, p. 5. 
 
 11. As a consequence of the power of declaring war, and What can 
 making treaties, the government possesses the power of acquiring th< ; i- overn - 
 territory, either by conquest or by treaty. American Ins. Co. v. "^ ^ ^der 
 Canter, 1 Pet. 542 ; Scott v. Sandford, 19 How. 393. In this case, this power? 
 the power to acquire territory is not rested upon any particular 
 power in the Constitution, but is unqualifiedly asserted to exist. Id. 231, 232. 
 
128 WAtt, 118. [Art, I., Sec. 8 
 
 229-232. 440-7. It would seem to be rested upon the power to admit new 
 
 States. Id. All contracts made by the citizens of one country with 
 
 "What is the the citizens or subjects of another, which countries are at war with 
 
 effect of war each other, are void. Griswold v. Edrington, 16 Johns. 444. In 
 
 Sous? Ol1 ~ tnis case > Chancellor Kent exhausts the whole learning upon the 
 
 subject down to 1819. He says: "The law has put the sting of 
 
 disability into every kind of voluntary communication and contract 
 
 250, 254. with an enemy which is made without the special permission of the 
 
 government." (16 Johns. 483); Jackson v. Johnson, 11 Johns. 418 ; 
 
 1 Kent s Com. 66 ; The Ann Dodson, 2 Wh. 27 ; The Mary & 
 
 Susan, 1 Wh. 57 ; 2 Cond. 599; The Julia, 8 Or. 181-203 ; 3 Cond. 
 
 152. When one nation is at war with another nation, all the sub 
 
 jects or citizens of the one are deemed in hostility to the subjects or 
 
 citizens of the other ; they are personally at war with each other, 
 
 and have no capacity to contract. White et al. v. Burnley, 20 How. 
 
 249; Ogden v. Lund, 11 Tex. 690. The court is bound judicially 
 
 to know when war existed. Id. ; The Prize Cases. 2 Black, 666~. 
 
 The inhabitants are not permitted to pass from the one country to 
 
 the other. Ogden v. Lund, 11 Tex. 690. The military upon the 
 
 frontier, from the necessity of the case, must be charged with the 
 
 duty of preventing such intercourse. Id. To prevent the running 
 
 of a ferry between Texas and Mexico, while the United States arid 
 
 "What was Mexico were at war, was lawful, and affords no ground of action 
 
 the effect of a g a i as t the officer. Id. 692. See Constitution of the Confederate 
 
 bellion? **" States, same section. Paschal s Annotated Dig., note 217. Those 
 
 general rules of law are applicable alike to civil and international 
 
 wars: that all people, of each State or district, in insurrection 
 
 against the United States, must be regarded as enemies, until, by 
 
 the action of the legislature and the executive, or otherwise, that 
 
 relation is permanently changed. (The Prize Cases, 2 Black, 687.) 
 
 Mrs. Alexander s Cotton, 2 Wall. 419; The Venice, 2 Wall. 274; 
 
 The Prize Cases, 2 Black, 666. 
 
 This power necessarily extends to all legislation necessary to the 
 prosecution of war with vigor and success, except such as interferes 
 with the command of the forces and the conduct of the campaign. 
 Ex parte Milligan, 4 Wallace, 139. 
 
 When two governments, foreign to each other, are at war, 
 or when a civil war becomes territorial, all of the people of the 
 respective belligerents become, by the law of nations, the enemies 
 of each other. Speed. 
 
 Ooes this But this only authorizes hostility by those who are empowered 
 justify ma- ^y fa e ex p ress O r implied command of the State, &c. 
 
 Hence it is that, in land ivars, irregular bands of marauders are 
 
 " liable to be treated as lawless banditti, not entitled to the protection of 
 
 the mitigated usages of war as practiced by civilized nations. (Whea- 
 
 ton s Elements of International Law, page 406, 3d edition ; Speed 
 
 on the Assassins, p. 9.) 
 
 " A pirate, an outlaw, or a common enemy to all mankind may be 
 
 112. put to death at any time. It is justified by the law of nature and 
 
 nations. 11 (Patrick Henry ; 3 Elliott s Debates on Federal Constitu- 
 
 tried? The assassins were tried by military commission and convicted, 
 
Cl.11.1 WAR, 118. 129 
 
 and a part of the conspirators executed, and a part of them sen 
 tenced to imprisonment for life. See the volumes containing the 
 trial of the conspirators ; and see the trial of Surratt. 
 
 Until Congress passes laws upon the subject of war and reprisals Define the 
 no private citizen can enforce such rights; and the judiciary is r ] ela . ti ) r n t 8 h 
 ii:ca[-able of giving them any legitimate operation. (Brown v. i^e ^ebel^ 
 United States, 8 Or. 1.) Story s Const. 1177. And although lion. 
 Mrs. Alexander had taken the oath of amnesty, while she 
 remained in rebel territory she had no standing in court. Mrs. 
 Alexander s Cotton, 2 Wall. 421. The cotton captured on the 
 land by the naval forces, in a rebellious State, was not the subject 
 of prize. See 9 Op. 524, 525; (Speed, 4-10). The Queen of Eng 
 land recognized the Confederates as neutrals, on the 13th May, 
 1861. Id. 669. The President must determine when insurrection 
 exists. The Prize Cases, 670. His proclamation of blockade, of 
 19th April, 18G1, is conclusive upon the courts ; and neutrals 
 were bound by it. Id. Under this very peculiar Constitution, 
 although the citizens owe a supreme allegiance to the Federal To whom is 
 Government, they owe also a qualified allegiance to the State in allerfwioe 
 which they are domiciled. Their persons and property are sub 
 ject to its laws, and they are liable to be treated as enemies. Id. 17, 220. 
 673. When the legislative authority has declared war, tlfe execu 
 tive authority, to whom its execution is confided, is bound to carry What are tho 
 it into effect ; he has a discretion vested in him, as to the manner P 1 "^^ 1 8 
 and extent ; but he cannot lawfully transcend the rules of warfare IK> 
 established among civilized nations. Brown v. United States, 8 
 Cr. 153. The Supreme Court of the State of Pennsylvania has de 
 cided that the United States conscription is unconstitutional. Judge What as to 
 Woodward gave the decision. The following is an abstract: cpnscrip- 
 He starts with the idea that the conscription levies upon, takes, 
 and destroys the militia of the States, and in spite of the States. 
 He shows that in 1706 and 1707 a conscription was attempted in 
 the British Parliament, but laid aside as unconstitutional ; and he 
 reasons that our fathers, in making the Federal Constitution, never 
 intended to give a central government power over life and liberty 
 not found even in the British constitution. Standing armies are 
 the jealousies of Britons. Our fathers never intended to raise them 
 by force, independent of the States. General Washington, in sup 
 pressing the whisky rebellion of Pennsylvania, paid the most 
 scrupulous attention to the rights, and interests, and laws of Penn 
 sylvania. Citizens cannot be made deserters of before they have 
 been soldiers, as the conscription act declares. 
 
 " There are other features of the conscript law that deserve 
 criticism; but not to extend my opinion further, I rest my objection 
 to its constitutionality upon these grounds: 
 
 " 1st. That the power of Congress to raise and support armies does 124. 
 not include the powor to draft the militia of the States. 2d. That 
 the power of Congress to call forth the militia cannot be exercised ISO. 
 in the forms of this enactment. 3d. That a citizen of Pennsylvania 
 cannot be subjected to the rules and articles of war until he is in 
 actual military service. 4th. That he is not placed in such actual 
 service when his name has been drawu from a wheel, and ten days 
 
130 WAR REPRISAL, 118-123. [Art. 1, See. 8. 
 
 notice thereof has been served upon him." Kneedler v. Lane, 
 9 Wright, 331 ; 48 Penn. 331. 
 
 130-133. The conscript laws of the Confederacy, which declared every 
 
 man from seventeen to fifty years of age a soldier, were held, by a 
 majority of the Supreme Court of Texas (under this same power) 
 to be constitutional, Mr. Justice Bell dissenting. Paschal s Anno 
 tated Digest, notes 217-219; Ex parte Coupland; 26 Tex. 394. 
 
 What of 119. "GRANT LETTERS OF MARQUE AND REPRISAL." This 
 
 marque and p Ower W0 uld be incident to the power to declare war. (See Mr. 
 
 Madison s Letter to Mr. Cabell, 18th Sept., 1828.) Story s Const. 
 
 1175. 
 
 Define 12O. MARQUE is, in public law, the frontier boundary of a 
 
 marque. country. And "to grant" is permission to pass the frontier 
 of a country in order to make reprisals. (See March s Letters of 
 Marque ; 1 JB1. Com. 258.) .Burrili s Law Die., MARQUE. Generally 
 used as synonymous with "reprisal." 1 Black, Com. 258. See 
 Halleck s International Law, 391-398; Wheaton s International 
 Law, part 4, chap. 2, sec. 10. 
 
 121. "REPRISAL." [ReprisaliaJ] A retaking; taking back; 
 recaption. The repossessing one s self of a thing unjustly taken 
 by another. 3 Bl. Com. 4. A taking of one thing in satisfaction 
 for another (captio rei uniiis in alterius salifactionem) frequently 
 used in the plural reprisatia. Spelman ; Loccende Jur. Mar. lib. 3, 
 C. 5 ; 1 Kent s Corn s 61. 
 
 "What is the A taking in return; a taking by way of retaliation. Burrili s 
 meaning of Law Die. REPRISAL. In this case, letters of " marque and reprisal " 
 reprisal? (words used as synonymous, the latter [reprisal] signifying a 
 taking in return, the former [" letters of marque "J, the passing the 
 frontiers in order to such taking) contain an authority (grant) to 
 seize the bodies or goods of the subjects of the offending State 
 wherever they may be found, until satisfaction is made for the 
 injury. (1 Black. Com. 258, 259 : Bynkershock on War, ch. 24, p 
 182, by Duponceau ; Vulin. TraitS de s Prises, pp. 223, 321 ; 1 Tuck 
 Black. Com., App. 271; 4 Elliot s Debates, 251.) Story s Const. $ 
 1176. Halleck, 391, 393. 
 
 What is th [12.] To raise and support armies; but no apprc- 
 priation of money to that use shall be for a longer 
 term than two years. 
 
 tO 
 
 . This power did not exist under the Articles of Confede 
 ration. For discussions of the limitation and necessities of this 
 power, see 4 Elliot s Debates, 220, 221 ; 1 American Museum, 270, 
 273, 283; 5 Marshall s Life of Washington, App., note 1; Id. ch. 3, 
 p. 125, 123; ch. 5, p. 212-220; ch. 6, p. 238-248; 2 Elliot s 
 Debate?, 95, 285. 286, 307. 308, 309. 319, 320, 430, 438; Federal 
 ist, Nos. 23, 24-29, 41; Story s Const. 11G8-1198, 3d ed. and 
 notes. 
 
 " To RAISE AND SUPPORT," in practice, means to edu- 
 cate, commission, enlist, draft, conscript, feed, clothe, transport and 
 
01.12.] ARMIES, 123, 124, 125. 131 
 
 pay officers and men. See Brightly s Digest, 55-90 and notes; 
 2 Id. 9-50. During peace as well as war. Story s Const. 1186- 
 1198. 
 
 124. "ARMIES." Collections or bodies of men, armed for war, Define 
 and organized in companies, battalions, regiments, brigades and armies. 
 divisions, under their proper officers. Webster s Die. Army. All 
 the military in the service of the United States are called the ARMY 
 of the United States. The power to raise large bodies of men and 
 divide them into " ARMIES " has only been exercised three times since 
 the formation of the government, viz. : In the war with Great 117, us. 
 Britain, 1812, with Mexico, 1846. and during the late rebellion. 
 
 The Army of the United States consists of five regiments of What is the 
 artillery, ten regiments of cavalry, forty-five regiments infantry, presmt 
 the Professors and Corps of Cadets of the United States Military army 
 Academy, and the officers and men of the different departments 
 and corps, under the control of the War Department. The ranks 
 of the commissioned officers of this army are : General (Ulysses S. 
 Grant); Lieutenant-General (William T. Sherman); Major-General 
 (five); Brigadier-General (ten); Colonel; Lieutenant-Colonel; 
 Major; Captain; Lieutenant, first and second. 14 Stat. 332 ; and 
 see the Reports of Sec. of War, 1866 and 1867; and the Army 
 Register. At the close of the rebellion, the army consisted of over 
 a million of men, rank and file, which had been raised by enlist 
 ment, drafts, and bounties. The power is unlimited, being an indis 
 pensable incident to the power to declare war. See Story s Const. 123. 
 1178-1192, and the references; 2 Elliot s Debates, 285, 286. 307, 
 308, 430 ; Federalist, Nos. 23, 24, 25, 28. See 1 Brightly s Dig. 
 55-90; 2 Id. 9-50. 
 
 . Congress has a constitutional power to enlist minors, in what is the 
 the navy or army, without the consent of their parents. United power of 
 States v. Bainbridge, 1 Mass. 71; Case of Emanuel Roberts, 2 enlistment? 
 Hall s L. J. 192 ; United States v. Stewart, Crabbe, 205 ; Common 
 wealth v. Murray, 4 Binn. 487 ; Commonwealth v. Barker, 5 Id., 
 423; Commonwealth v. Morris, Phil. R 381; Ex parte Brown, 5 118. 
 Cr. C. C. 554. Public policy requires that a minor shall be at lib 
 erty to enter into a contract to serve the State, whenever such 
 contract is not positively forbidden by the State itself. Common 
 wealth v. Gamble, 11 S. & R. 94; The King v. Rutherford Grays, 
 1 Barn and Cress, 345. The act of 21st June, 1862, 2, 12 Stat. 140, 141. 
 620, repealed the act of 28th September, 1850, which required the 
 consent of parents or guardians for the enlistment of minors, since 
 which repeal minors, between the ages of eighteen and twenty-one, 
 may be enlisted without the consent of the parent or guardian. 
 Follis s Case, 10 Leg. 276. But see United States v. Wright, 2 
 Leg. Int. 21, and Commonwealth v. Carter, Id.; Henderson s Case, 
 Id. 187, where it is held that the act of 1802 is still in force, and 
 that such enlistment is void. In Shirk s Case, however, a discharge 
 under similar circumstances was refused 20 Log. Int. 260. The 
 oath of enlistment, though conclusive upon the recruiting officer, is 
 not so upon the courts. Webb s Case, 10 Pittsburg, L. J. 106. 
 Contra, United States v. Taylor, 29 Leg. Int. 284; Jordan s case, 
 
132 ARMIES NAVY, 125, 126, 127. [Art. I., Sec. 8, 
 
 11 Am. L. R. 749. A prisoner of war, paroled by the enemy, is 
 not entitled to his discharge, although a minor, until exchanged. 
 Henderson s Case, 20 Leg. Int. 181 ; 2 Brightly s Dig. p. 24, note. 
 
 Each individual in a republic, as in a monarchy, can be required 
 to perform military duty without his consent, if the demand is 
 made by a proper exercise of the national will. Ex parte Coupland, 
 What right 26 Tex., 394. This follows from the unrestricted power to declare 
 dws war wan 1,3. (Cites Hurd. on Habeas Corpus, 8; United States v. Bain- 
 bridge; Mass. 71; Federalist, 187.) "Militia" is not synonymous 
 with " arms-bearing men ;" arid it was held that when the citizens 
 130. were conscripted into the "Confederate States" service (under 
 the same clauses), they had no right to choose their officers. Id. 39G, 
 397. When a citizen goes into the army raised by Congress, either 
 voluntarily, or in obedience to the law requiring him to do so, he 
 does this as a citizen, and not a militia-man. Id. 397. Paschal s 
 Annotated Digest, 217-220, p. 88-91. 
 
 For the time being, the right of the State government over him 
 ceases. The opinion endeavors to reconcile this view with the doc 
 trines of States Rights, and held the Confederate conscript law to 
 be constitutional during the necessity. Id. 397-405. Mr. Justice 
 Bell reviewed the 41st, 29th, 45th and 4th numbers of the Feder 
 alist, and denied the constitutionality of the law. Id. 405-430. 
 Define the This power has led to the establishment of the War Depart- 
 war depart- m ent, presided over by a Secretary and Assistant Secretary of War, 
 ent * to which are attached the following departments, the heads of 
 
 which have the rank of Brigadier-General, viz. : Adjutant- General, 
 Quartermaster, Subsistence, Pay, Medical, Ordnance, and Bureau 
 of Military Justice ; there are four Inspectors-General, with the 
 rank of Colonel, and also an Engineer and Signal Corps. The Chief 
 of Engineers has the rank of Brigadier-General, and the chief signal 
 officer ranks as Colonel of cavalry. 
 
 For how 120. BUT NO APPROPRIATION TO THAT USES HALL BE FOR A 
 
 long may LONGER TERM THAN TWO YEARS. Congress may vote the supplies 
 prLtunTbe ? ^ or ^ u * one F ear or a snorter period, but, imperatively, no appro 
 priation shall be for a longer period than two years. (Federalist, 
 Nos. 26, 41 ; 2 Elliot s Debates, 93, 308, 309.) Story s Const. 
 1188, 1189. 1100. 
 
 The English Parliament is not thus restricted. 1 Black. Com. 
 414,415; Tucker s Appendix, 271, 272, 379; Federalist, No. 41; 
 Story s Const. 1190. 
 
 Navy? [13.] To provide and maintain a navy. 
 
 Define to 127. " To PROVIDE AND MAiXTAiN," in this clause, is about 
 provide and equivalent " to raise and support" in the preceding clause. The pres 
 ent splendid navy of the United States, with its immortal history, is 
 122, 123. the best refutation of the arguments which were urged against this 
 necessary branch of the service. See Articles of Confederation, 
 Art. IX. ante p. 14. See Federalist, Nos. 11, 24, 29, 41 ; 2 Elliot s 
 Debates, 319-324; Virginia Resolutions and Report, 7th and llth 
 128. Jan., 1800, pp. 57-59; 5 Marshall s Life of Washington, 523-531 ., 
 Story s Const. 1193-1198. 
 
01.14, 15.] NAVY MILITIA, 128, 129, 130. 133 
 
 128. "NAVY;" [Navigation from Navis, a ship.] " To build Define navy, 
 and equip a navy." Articles of Confederation, ante Art. IX. p. 
 
 14. The present words are more broad and appropriate. Story s 
 Const. 1194. It practically means not only to build and 
 equip, but to organize, provide, and maintain a naval department, 127. 
 naval school, coast survey, naval armament, merchant marine; and 
 it is the strongest arm of our harbor defenses, as well as a pow 
 erful engine of attack and offensive warfare. 1 Erightly s Digest, 
 657-680; 2 Id., 315-387. 
 
 It is the natural result of the sovereignty over the navy of the 
 United States, that it should be exclusive. Whatever crimes, 
 therefore, are committed on board of public ships of war of the 110, 116. 
 United States, whether they are iu port or at sea, are 
 exclusively cognizable and punishable by the government of the 
 [Jnited States. The public ships of sovereigns, wherever they may 
 be, are deemed to be extra-territorial, and enjoy the immunities 
 from the local jurisdictions belonging to their sovereign. (See 
 United States v. Bevans, 3 Wheat. 336, 390. The Schooner 
 Exchange, 7 Or. 116.) Story s Const. 1168. 
 
 This grant of power has been developed in the organization of a 
 Navy Department, over which presides a Secretary of the Navy 
 (at present GIDEON J.WELLES), an Assistant Secretary of the Navy, 
 and other appropriate officers of the bureau. 
 
 The ranks of the Naval officers are : Admiral, Vice-Admiral, 
 Commodore, Captain, Commander, Lieut.-Commander, Lieutenant, 
 Master, Ensign, Midshipman. 2 Brightly s Digest, 315, 316, 318; 
 UStat, 515, 516. 
 
 [14.1 To make rules for the government andregula- HOW to 
 
 .113 i i .r g vern the 
 
 tion or the land and naval iorces. forces? 
 
 129. " To MAKE RULES," in this connection, means to pre- Define to 
 scribe the rules of conduct ; that is, to enact the necessary laws make rule8 ? 
 " for the government and regulation of the land and naval forces." 133, 238, 240. 
 This Congress has done by the enactment of the rules and articles 
 
 of war, which are always in the hands of military and naval offi- 120-12T. 
 cers, and have become exceedingly familiar to our volunteer 
 civilians during the late war. 
 
 For these " Rules " see 1 Brightly s Dig. pp. 73-83, ch. XVI. 
 Arts. I-CL; 2 Brightly, 24-27 ; 2 St. 359; 12 St. 316, 330, 339, 354, 
 589, 595, 598, 735, 754; 13 St. 145, 356, 489. 
 
 [15.] To provide for calling forth the militia to exe- What power 
 cute the laws of the Union, suppress insurrections, militia ? 
 and repel invasions. 
 
 130. MILITIA. The national soldiery of a country, as distin- Define mili- 
 guished from a standing military force, consisting of the able-bodied tia ? 
 
 male inhabitants of a prescribed age, who are enrolled, officered, mus 
 tered, and trained according to law, but are called into active service 234,235. 
 only on emergent occasions, such as to suppress insurrections and 
 repel invasions, for the public defense. (Act of Congress, 8 May, 
 
134 
 
 NAVY MILITIA, 130, 131, 132. [Art. I., Sec. 8, 
 
 1792; 1 Kent s Com. 262, 266.) Burrill s Law Die., MILITIA; 1 
 Brightly s Dig., 619, 624, and notes; 2 Id., 299 ; 525-597. 
 189. The act of 1795, which confers power on the President to call 
 
 forth the militia in certain exigencies, is constitutional ; and the 
 President is the exclusive and final judge whether the exigency has 
 arisen. Martin v. Mott, 12 Wh. 19; Vanderheyden v. Young, 11 
 Johns. 150. The power to repel invasion includes the power to 
 provide against the attempt or danger of invasion. Martin v. Mott, 
 
 234,235. 12 Wh. 19; 6 Cond. 417. Those called out according to law are 
 subject to court-martial. (Houston v. Moore, 3 Wh. 433.) Marun 
 v. Mott, 6 Cond. 421; Moore v. Houston, 3 Serg. and R. 167; 1 
 Kent s Com. 267 : Bates on Habeas Corpus, 5th July, 1861. The Presi 
 dent cannot exercise this power. Bates, 18th April, 1861. 
 
 What arc the It belongs exclusively to the President to judge when he has the 
 
 president s 
 powers ? 
 
 235. 
 
 "When do 
 the militia 
 become 
 national ? 
 
 authority to call forth the militia, and his decision is conclusive 
 upon all others. Martin v. Mott, 12 Wheat. 19; 1 Kent s Com. 
 279; and see the same, 244-250; Story s Const. 1210-1215; Bates 
 on Habeas Corpus, 5th July,. 1861. 
 
 And also upon the Courts of the United States. Luther v. 
 Borden, 7 How. 1. 
 
 The power is to be exercised upon sudden emergencies, upon 
 great occasions of State, and under circumstances which may be 
 vital to the existence of the Union. Luther v. Borden, How. 18, 
 19, 31, 32; Story s Const. 1211. 
 
 The President may make his requisitions directly upon the ex 
 ecutives of the States, or by orders directed to any subordinate 
 officers of the militia. Houston v. Moore, 5 Wheat. 15-16; see 1 
 Kent s Com. 277-279. 
 
 The militia is the militia of the States, respectively, and not of the 
 United States. When called into the service of the General Gov 
 ernment, they become national militia after they are mustered at 
 the place of rendezvous designated by national authority, and not 
 until then. (Houston v. Moore, 5 Wheat; Martin v. Mott, 12 
 Wheat. 19.) 
 
 Define laws 131. LAWS OF THE UNION. This Constitution, and the laws 
 
 of the Union. o f the United States which shall be made in pursuance thereof, and 
 
 all treaties made, or which shall be made, under the authority of 
 
 233-240. the United States, shall be the supreme law of the land. Art. 6, 
 
 cl. 2. The laws of the Union are of course this supreme law; and 
 
 the execution of this power is coextensive with the whole subject 
 
 of constitutional legislation. But the exigency can only arise when 
 
 there is an actual or threatened resistance to the laws of the 
 
 United States. See Bates on Habeas Corpus, 5th July, 1861. 
 
 132. INSURRECTIONS. It has often been contended that insur 
 rection here only means that " domestic violence " mentioned in 
 the fourth section of the fourth article, and hence that the power 
 can only be exercised when the legislature or executive of a State 
 demands it. 
 
 But insurrection seems to have been treated as resistance to 
 law by a force too strong for the ordinary posse comilatus. (2 
 Elliot s Debates, 292-309; Federalist, No. 29.) Story s Coast. 
 
 Define in- 
 eurrfction. 
 
 234, 235. 
 
01. 15, 1C.] MILITIA, 133, 134. 135 
 
 8 1201. It doubtless has reference to the violences of a domestic 
 faction, or sedition, as contradistinguished from invasion by a 235. 
 foreign enemy. Id. And the insurrection may as well be against 
 United States &a State authority. 
 
 In the Southern States, the word " insurrection " was almost 
 exclusively confined to " risings " by the slave population. 
 
 Insurrection is synonymous with sedition, rebellion, revolt. 
 Webster s Die. REBELLION. 
 
 . INVASIONS " is here doubtless coupled with the guaranty Define inva- 
 of the United States " to protect every State against invasion." sicm ? 
 (Art. IV. sec 4.) But the " invasion " would be none the less so 2 H ^ 5 > 
 if invited by State authorities, or if no call should be made by the 
 legislature or governor of an invaded State. The act of 1795 
 seemed to restrict the idea to invasions by a foreign enemy, as in 
 the wars of 1812 and 1846. 1 St. 424; 1 Brightly s Dig. 440 and 
 notes. 
 
 [16.] To provide for organizing, arming, and disci- What is th 
 
 plinino- the militia, and for governing such part of them organizing 
 
 . . / TT j the militia? 
 
 as may be employed in the service or the United 
 States ; reserving to the States, respectively, the ap 
 pointment of the officers and the authority of training 
 the militia according to the discipline prescribed by 
 Congress. 
 
 134. This "ORGANIZING, ARMING, AND DISCIPLINING THE MILITIA," What does 
 would include the whole legislation upon the subject. But prac- organizing 
 tically the power has not been fully exercised in time of peace. It &c - indutle? 
 has indeed generally been left to the States, except as to the tactics 
 and the distribution of arms, by quotas among the States. See Act 
 of 8th May, 1792, ch. 33, 1 St. 271 ; Act of 12th May, 1820, ch. 97 ; 
 Act of LS21, ch. 68, 3 St. 577 ; Story s Const. 1208 ; 1 Brightly s 
 Dig. 619-624. 2 Id 299 and notes. MILITIA here means the body Define mili- 
 of arms-bearing citizens, as contradistinguished from the regular tia ? 
 army. Webster s Die. MILITIA. See Coupland, ex parte, 26 Tex. 
 411, 412. For the discussions upon this subject, see 2 Elliot s 
 Debates, 301-318 ; Luther Martin, 4 Elliot s Debates, 34, 35. If 
 Congress neglect to exercise this power, the States have a con 
 current right to do so. Houston v. Moore, 3 Sergt. and Rawle, 369. 
 See Houston v. Moore, 5 Wheat. 1-56. And see Luther v. Borden, 
 7 Hov\r. 1 ; Story s Const. 1 207. 
 
 The militia of the several States are not subject to martial law is conscrip- 
 unless they are in the actual service of the United States. Mills ti n consti- 
 v. Martin, 19 Johns. 7. And this does not commence until their tution " 1? 
 arrival at the place of rendezvous. Houston v. Moore. 5 \Vh. 20. us, 1-24. 
 So far as Congress has provided for organizing the militia, the 
 legislative powers of the States are excluded. Id. 51; Houston v. 
 Moore, 3 S. & R. IG9. But a State legislature may lawfully pro 
 vide for the trial, by courts-martial, of drafted militia who shall ro- 
 
136 MILITIA DISTRICT, 134, 135. [Art. I., Sec. 8, 
 
 fuse or neglect to march to the place of rendezvous, agreeably to the 
 orders of the Governor, founded on the requisition of the President 
 of the United States. Id. The act of the Congress of the United 
 States, of the 3d March, 1863, 12 Stat. at Large, 172, declared, 
 that all citizens of the United States, &c., " are hereby declared 
 to constitute the national forces, and shall be liable to perform mili 
 tary duty in the service of the United States, when called out by 
 the President for that purpose." In New York, it has been de 
 termined, that this act is unconstitutional, on the ground that ic 
 attempted to create a national militia, a power not granted to the 
 Federal Government, which is only empowered to raise an army and 
 navy; whilst the militia is but a State force, though liable to be 
 called into the service of the United States, by the President, in 
 case of emergency. The People v. Stephens, before McCuun, J., 
 at Chambers, 14th July, 1863. In Pennsylvania, however, Cad- 
 wallader, J., decided that the act was constitutional. Antrim s 
 Case, 20 Leg. Int. 200 ; 2 Brightly s Dig. 40, note a; Kneedler v. 
 Lane, 9 Wright, 238. See ex parte Coupland, 26 Tex. 394, where 
 it was held that a conscript law, which declared all men between 
 the ages of 17 and 50 years, was constitutional. 
 
 What Is the 135. When called out, they are subject to the rules and articles 
 power over O f war? save on ]y t na ^ w hen tried by court-martial, the court 
 li shall be composed of militia officers. (1 Brightly s Dig. p. 622, sec. 
 4; p. 82, sec. 270.) Atty. General Bates, 18th April, 1861. 
 
 The obvious theory of the Constitution and law is, that whilst 
 Congress shall prescribe, by general rules, an uniform militia sys 
 tem for the States, securing the enrollment of all the able-bodied 
 white male citizens, and maintaining the system of discipline and 
 field exercise observed in the regular army (1 Brightly, 621), yet 
 that the details, militia organization, and management shall be left 
 to the State governments, requiring that only an annual report of 
 the condition of the service shall be left to the President. Idem. 
 
 This power was first exercised to suppress the insurrection in 
 Pennsylvania, in 1794. (5 Marshall s Life of Washington, ch. 8, 
 pp. 576-592 ; 2 Pitk. His. ch. 23, pp. 421-592 ; the next, during 
 the war of 1812, with Great Britain ; and the last was the memorable 
 occasion, to suppress the rebellion, on the 13th of April, 1861, and 
 during its continuance. See the Act of 1795, 1 St. 424; 
 Houston v. Moore, 3 Sergt. & R. 169; and S. C. 5 Wheat. 60; 
 Martin v. Mott, 12 Wheat. 19; Duffield v. Smith, 3 Sergt. & li. 590; 
 Yanderheyden v. Young, 11 Johns. 150. 
 
 Where has [l^-] To exercise exclusive legislation in all cases 
 
 congress , IT./ 
 
 exclusive whatsoever over such district (not exceeding ten mdes 
 
 ^ f ^ \ O 
 
 square), as may, by cession of particular States and the 
 acceptance of Congress, become the seat of the Gov 
 ernment of the United State*, and to exerciso like 
 authority over all places purchased by the consent of 
 the legislature of the State in which the sune slnll be, 
 
01. 16, 17.] DISTRICT, FORTS, 136, 137. 137 
 
 for the erection of forts, magazines, arsenals, dock 
 yards, and other needful buildings. And, 
 
 135. "EXCLUSIVE LEGISLATION OVER THE DISTRICT." This By what 
 provision was executed by che cession of the District of Columbia states was 
 by Maryland and Virginia ; and the legislation by Congress over 
 the inhabitants and public property there ever since. . See 1 Bright 
 ly s Dig. p. 233-252. Congress retroceded to Virginia, Alexandria 
 and the surroundings, so that the District is, in fact, only about 
 seven miles square. For the reasons for this exclusive government, 
 see the Federalist, No. 43; 2 Elliot s Debates, 92, 321, 322, 326; 
 Rawle s Const, ch. 9, p. 112, 113. See 2 Brightly s Dig. 233-252. 
 
 The site was selected by President WASHINGTON, after whom 
 the capital was named. The inhabitants are citizens of the United 
 States ; and might constitutionally have a local legislature. See 
 the Federalist, No. 43 ; United States v. Bevans, 3 Wheat. 336, 388. 
 
 In its exercise, Congress acts as the legislature of the Union. 
 Cohens v. Virginia, 6 Wheat. 424. The elective franchise allows 
 no distinction on account of race or color. 14 Stat. 375. 
 
 This includes the power of taxation. Loughborough v. Define the 
 Blake, 5 Wh. 317. The charter of the City of Washington did not powers? 
 authorize the corporation to force the sale of lottery tickets in 136 13<f 
 States whose laws prohibited such sales. Cohens v. Virginia, 6 
 Wh. 264. 
 
 The right of exclusive legislation carries with it the right of 
 exclusive jurisdiction. United States v. Coryell, 2 Mas. 60 91 ; 
 6 Opin. 577. Even to recapture by military force. 9 Op. 521. This 
 second clause binds all the United States. (Cohens v. Virginia, 
 
 6 Wheat. 224.) Story s Const. 1229. 
 
 Congress has the right to punish murder in a fort, or other Define the 
 place within its exclusive jurisdiction ; but no general right to pun- jurisdiction 
 isli murder committed within any of the States. Idem. The power over 
 to legislate in these places, ceded by a State, carries with it, as an 
 incident, the right to make that power effectual. Cohens v. Vir 
 ginia, 6 Wheat. 428. Congress does not act as a local legislature, 
 but exercises this particular power, like all other powers, in its 
 h h character as the legislature of the Union. Id. ; Story s 
 Const. 1234. But the purchase of lands by the United States for 
 public purposes, within the territorial limits of a State, does not of 
 itself oust the jurisdiction or sovereignty of such State, over the 
 lands so purchased. United States v. Coryell, 2 Mas. 60. The 
 Constitution prescribes the only mode by which they can acquire 
 land as a sovereign power ; and, therefore, they hold only as an 
 individual when they obtain it in any other manner. Common 
 wealth v. Young, Brightly, 302 ; People v. Godfrey, 17 Johns. 225 ; 
 United States v. Traver, 2 Wh. Cr. Gas. 490 ; People v. Lent, Id. 
 548. It seems, however, that the States have not the right to 
 tax lands purchased by the United States for public purposes, 
 although the consent of the legislature may not have been given 
 to the purchase. United States v. Weise, 2 Wall. Jr. 72. And see 
 
 7 Opin. 628. And see Commonwealth v. Cleay, 8 Mass. 72; 
 
138 GENERAL POWERS, 138. [Art. I., Sec. 2. 
 
 Rawle s Const, ch. 27, p. 238 ; Sergeant s Const, ch. 28 [ch. 30] ; 
 1 Kent s Com. Lect. 19, pp. 402-404; Story s Const. 1222-1224. 
 
 After a cession by a State, it cannot take cognizance of any acts 
 done in the ceded places after the cession. And the inhabitants 
 of those places cease to be inhabitants of the State, and can no 
 longer exercise any civil or political rights under the laws of the 
 State. But if there has been no cession, the State jurisdiction still 
 remains. (The People v. Godfrey, 17 Johns. 225; Commonwealth 
 v. Young, 1 Hall s Journal of Jurisprudence, p. 47 ; 1 Kent s Com. 
 Lect. 19, p. 403. 404 ; ch. 28 [ch. 30] ; Rawle s (Const, ch. 27, p. 238- 
 240;) Story s Const. 1127. 
 
 Whatarethe [18-] To make all laws which shall be necessary and 
 
 general pow- . 
 
 em of (jon- proper for carrying into execution the foregoing 
 "*. powers, and all other powers vested by this Constitu 
 tion in the Government of the United States, or in any 
 department or office thereof. 
 
 Define nee- 13. This does not mean absolutely necessary, nor does it 
 essary ? imply the use of only the most direct and simple means calculated 
 2G9, 253, 259. to produce the end. Commonwealth v. Lewis, 6 Binn. 270-1 ; 
 McCulloch v. Maryland, 4 Wh. 413; Metropolitan Bank v. Van 
 Dyck, 27 N. Y. Rep. 438-9. And, therefore, Congress had power 
 to charter the Bank of the United States, as a necessary and useful 
 instrument of the fiscal operations of the government. Id. 3U>, 
 422. So, also, Congress has power, under this general authority, to 
 provide for the punishment of any offenses which interfere with, 
 obstruct, or prevent commerce and navigation with foreign States 
 and among the several States, although such offenses may be done 
 on land. United States v. Coombs, 12 Pet. 78. Necessary and 
 proper are to be considered synonymous terms. Metropolitan Batik 
 v. Van Dyck, 27 N. Y. Rep. 439. There is no warrant for saying 
 that the powers shall be construed strictly. A reasonable import 
 of terms should be given. (Martin v. Hunter, 1 Wh. 304. 326-7.) 
 Metropolitan B;nk v. Van Dyck, 27 N. Y. Rep. 413, 415. See 
 Federalist, 33, 44. 
 
 Is this a This section is among the powers of Congress, not the limita- 
 
 ]>O\VIT <.r a tions; it enlarges arid adds to, but does not diminish or lessen the 
 limitation? powers> (McCulloch v. Maryland, 4 Wh. 413.) Metropolitan Bank 
 9J, 94. v. Van Dyck, 27 N. Y. Kep. 443. Under this power, Congress 
 
 may exempt the national securities from taxation. (The People v. 
 The Tax Commissioners, 2 Black, 620.) Metropolitan Bank v. Van 
 Dyck, 27 N. Y. Rep. 444. Where the power is given to Congress, 
 it must judge of the means necessary to effect the end. The end 
 must be legitimate. Metropolitan Bank v. Van Dyck, 27 N". Y. 
 Rep. 445, 450 ; The United States v. Marigold, 9 How. 5GO. Under 
 clause 4. and the power to coin money, Congress has the power to 
 82 83 make the notes of the Government a legal tender. Metropolitan. 
 
 Bank v. Van Dyck, 27 N. Y. Rep. 454. 
 
 This power was greatly assailed. See Federalist, 42, 43, 44; 1 
 Elliot s Debates, 293, 294, 300; 2 Id. 196, 342; Tuck. Black. 
 
Cl. 18.] IMPLIED POWERS, 138. 139 
 
 Com. Appendix, 286, 287 ; Hamilton on Banks, 1 Hamilton s Works, 
 121; McCulloch v. Maryland, 4 Wheat. 406, 407, 419; Cal- 
 houn s Essay on the Constitution; Story s Const. Ch. XXIV. 
 1236-1258. 
 
 POWER" is the ability or faculty of doing a thing ; and employ- Define 
 ing the means necessary to its execution; the right to make laws; P wer ? 
 Story s Const. 1237, 1241. 71,93. 
 
 Powers given by the Constitution, imply the ordinary means of 
 execution. (McCulloch v. Maryland, 4 Wheat. 409 ; 4 Elliot s De 
 bates, 217-221.) Story s Const. 1237. 
 
 "Expressly delegated," was in the Articles of Confederation. 269. 
 (Ante p. 9, Art. II). Story s Const. 1238. 
 
 The plain import of the clause is, that Congress shall have all the What is the 
 incidental and instrumental powers necessary and proper to carry import of 
 into execution all the express powers. It neither enlarges any 
 power specifically granted, nor is it a grant of any new power to 
 Congress. Story s Const. 124 ?. Some have gone further than 
 this. Governor Randolph, 2 Elliot s Debates, 342 ; Mr. Gerry in 
 1791, 4 Elliot s Debates, 225, 227. Ex parte Coupland, 26 Tex. 
 415, 416. 
 
 The power must be expressed, or be an incident. Virginia Report 
 and Resolutions, Jan. 1800, p. 33, 34; 1 Tuck. Black. Com. App. 
 287, 288; President Munroe s Exposition and Message, 4th May, 
 1822, p. 47. 
 
 The degree of necessity cannot control. 1 Hamilton s works, 
 118. 120. 
 
 "NECESSARY " often means no more than needful, requisite, inci- Define nee 
 dental, useful or conducive to. Story s Const. 1248. cssury? 
 
 The word " necessary " has no fixed character peculiar to itself, 146-149, 162- 
 as in " ab*outeltj necessary for executing its inspection laws," as ltji 
 contrasted with this necessary and proper, proves." Story s Const. 
 1248-1250. See McCulloch v. Maryland, 4 Wheat, 413-418. 
 
 "PROPER" has a sense, admonitory and directory. It requires Define 
 that the means should be bona fide appropriate to the end. proper? 
 McCulloch v. Maryland, 4 Wheat. 419, 420; Story s Const. 1253. 
 
 Among the necessarily incidental powers may be classed the right What may 
 to acquire and govern territory; the right to contract and sue ; to ) )c ^ la ^ sc , d i 
 punish offenders on board ships; to protect collectors of revenue, fSuHual 8 
 men in the postal service, and army contractors. (Dugan v. The powers ? 
 United States, 3 Wheat. 173, 179, 180; United States v. Tin gey, 23-2-4. 
 5 Peters, 115; United States v. Bevans, 3 Wheat. 388; The 
 Exchange, 7 Cranch, 116; S. C., 2 Peters, 439; Osborn v. Bank 
 of United States, 9 Wheat, 365, 366); Story s Const. 1256-1258, 
 and note 2. 
 
 The law must be necessary and proper. As to necessary, it 269. 
 must be borne in mind that no power can execute itself. * * 
 The means are auxiliary powers * * ; that is implied 
 powers. ******** 
 
 But the law must also be proper as well as necessary. * * 
 That is, even implied powers are subject to important conditions, 
 when used as means to carry powers or rights into execution. * 
 They must be carried into execution so as not to injure others; and 
 
140 AFRICAN SLAVE-TRADE, 139. [Art. I., Sec. 9, 
 
 as connected with and subordinate to this, that where the implied 
 powers or means used come in contact with the implied powers or 
 means used by another, in the execution of the powers or rights 
 vested in it, the less important should yield to the more important, 
 the convenient to the useful, and both to health and safety ; because 
 it is proper they should do so. (Calhoun s Discourse on the Const.) 
 124. Ex parte Coupland, 26th Tex. 416, 417. The learned Judge also 
 quotes to the same effect from McCulloch v. Maryland. 
 
 The question is not, whether or not the power to raise armies is 
 granted ; but whether to raise them by conscription is implied. 
 (Mr. Munroe s plan in 1814 contrasted.) Id. 
 
 what is the SEC. IX. [l.] The migration or importation of such 
 
 Inhibition as ., , ~ i -n i i 
 
 to the AM- persons as any of the States now existing shall think 
 trade? proper to admit, shall not be prohibited by the con 
 gress prior to the year one thousand eight hundred 
 and eight ; but a tax or duty may be imposed on such 
 importation, not exceeding ten dollars for each person. 
 
 Define mi- 139. MIGRATION OR IMPORTATION OF PERSONS. "Migration" 
 
 gration? here, doubtless, means immigration; but as connected with "im 
 portation," it is used nearly synonymously with that term ; and 
 98. both have reference to the " PERSONS " who formed the basis of the 
 African slave-trade. This trade was abolished 011 the 2d of March, 
 1807. 2 St. 428; 1 Brightly s Dig. 837. Those who wish to 
 24. consult the statutes on this subject, and the luminous decisions 
 upon a question now mostly obsolete in the United States, are 
 
 85-92. referred to Brightly s Dig., chapter " SLAVE-TRADE," vol. 1, p. 835, 
 
 and notes thereon ; Scott v. Sandford, 19 How. 397 ; 1 Kent s 
 Com. Lect. 9, pp. 192-203 ; Cobb on Slavery ; Story s Const. 1331, 
 1334; 2 Pitk. History, ch. 20, pp. 261, 262; 2 Elliot s Debates, 
 335, 336 ; 3 Id. 97, 98, 250, 251 ; Federalist, 42. 
 
 This section has no application to the State governments. But 
 ler v. Hopper, 1 Wash. c.c. 499. 
 
 Define per- The word "PERSON " may fairly be said to refer to an imported 
 
 son ? African, and bears some analogy to the same word in Art. I., sec. 
 
 24, 35, 46. 2, clause 3. 
 
 Migration seems appropriately to apply to voluntary arrivals, as 
 importation does to involuntary arrivals ; and so far as an excep 
 tion from a power proves its existence, this proves that the power 
 to regulate commerce applies equally to the regulation of vessels 
 employed in transporting men, who pass from place to place volun- 
 
 85-92. tarily, as to those who pass involuntarily. (Gibbons v. Ogden, 9 
 
 Wheat. 206-230.) Story s Const. 1387. 
 
 when mny [2.] The privilege of the writ of habeas corpus shall 
 or /K!/ ge not be suspended, unless when in cases of rebellion or 
 invasion the public safety may require it. 
 
Cl. 1, 2.] HABEAS COKPTJS, 140, 141. 141 
 
 140. The PRIVILEGE of the writ must here mean the right to Define priv- 
 the writ. See Burrill s Law Die., PRIVILEGE. ile s ? 
 
 The power to issue the writ is not the privilege ; to ask for it. is 141. 
 Attorney-General Bates on Habeas Corpus, 5th July, 1861. 
 
 This privilege the President may suspend in time of such a ISO. 
 rebellion. Id. Only in the cases contemplated by the act of Con 
 gress relative to rebellion. Id. 
 
 It results that the President is not obliged to answer a writ of Can the 
 habeas corpus. Id. He is not answerable to the judiciary as Presi- Pre ** < ^?iLj 
 dent. Id. The courts cannot revise his political actions. Id. USP 204. 1 
 
 141. HABEAS CORPUS No doubt it means here to have the Define 
 body ; or the writ then known as the habeas corpus, ad faciendum, Ifabeax 
 subjiciendum, et recepiendum, to do, submit to, and receive whatso- Corpus? 
 ever the judge or court awarding the writ shall adjudge in that 140. 
 behalf. 3 Bl. Com. 131 ; 2 Kent s Com. 22 ; Steph. Com. 135; Bur- 
 rill s Law Die., HABEAS CORPUS; Story s Const. 1339. These 
 authors give the several writs. 
 
 As a co-ordinate power of the government, the President could 
 not be made amenable to this writ, for military arrests made dur 
 ing the rebellion. Id. 
 
 For the meaning of the term Habeas Corpus resort must be had where must 
 to the common law ; but the power to award the writ, by any of we lo k ( or 
 the courts of the United States, must be given by written law. Jfont 
 (Bollman, Swartwout s Case. 4 Cr. 93) ; Bates on Habeas Corpus ; 
 Story s Const. 1339. And the writ means the writ ad subjicien- 
 dum. (Luther v. Borden, 7 Howard, 1; Fleming v. Page, 9 How. 
 615; Cross v. Harrison, 10 How. 189; Santissima Trinidad, 7 
 Wheat. 305 ; Martin v. Mott, 12 Wheat. 29. Id. 
 
 It matters little whether it be called the peace or war 
 power. Id. 
 
 It is a writ of right, which every person is entitled to, ex merito 
 justitia. (4 Inst. 290.) 2 Kent s Com. Lect. XXIV. p. 26. This 
 lecture fully discusses the subject. And see Yates v. Lansing, 5 
 Johns. 282. and 6. Id. 387 ; Story s Const. 
 
 The writ was never suspended except by the act of 12th March, When was it 
 1803, 12 St. 755; 2 Brightly s Dig. 196; Story s Const. 1342 ; first sus- 
 2 Jeff. Cor. 274, 291, 344. pended? 
 
 It would seem, as the power is given to Congress to suspend the 
 writ in cases of rebellion or invasion, that the right to judge, 140. 
 whether the exigency had arisen, must exclusively belong to that 
 body. (Martin v. Mott, 12 Wh. 19.) Story s Const. 1342. This 
 is denied in the opinion of Attorney-General Bates to President 
 Lincoln. 
 
 The federal courts have power to issue the writ of habeas corpus when may 
 only when necessary in aid of their jurisdiction, in a case pending, the Federal 
 Ex parte Everts, 7 Am. L. R. 79; overruling United States v. J e u ^f 116 
 Williamson, 4 Id. 11. The case of a father claiming the custody of 
 an infant child, is not one in which a habeas corpus can issue, by a 
 court of the United States, as ancillary to the exercise of its juris 
 diction. Id. Nor can a circuit court issue such a writ, although 
 the father be a citizen of another State, as the matter in dispute is 
 incapable of a pecuniary estimation. Id. A habeas corpus issued 
 
142 HABEAS COEPUS, 141. [Art. L, Sec. 9. 
 
 by a State court has no authority within the limits of the sove 
 reignty of the United States. If served on a marshal having a 
 What is the prisoner in custody, under authority of the United States, lie 
 power of the should, by a proper return, make known the authority by which 
 Cinirts? ^ e holds him ; but, at the same time, it is his duty not to obey the 
 State process, but to execute that of the United States. Ableman 
 v. Booth, 21 How. 506. The federal courts have power to apply 
 the writ of habeas corpus to all cases which it would reach at com 
 mon law ; provided it be not issued to any person in jail, unless 
 confined under and by color of the authority of the United States. 
 Exparte Des Rochers, 1 McAllister, 68. A State court, on a writ 
 of habeas corpus issued at the relation of one committed on process 
 from a federal court, cannot go behind the commitment and inquire 
 into the grounds of it. Williamson v. Lewis, 18 Leg. Int. 172. 
 What de- The privilege of the writ of habeas corpus can only be suspended 
 nartmentof by act of Congress. Ex part e Merryman, 24 Law Rep. 78; 9 Am. 
 mcnUHiTy L - R - 524 5 Jones v - Seward, 3 Gr. 431. But see McQuillan s Case, 
 can suspend 9 Pittsburgh Leg. I. 27 ; 27 Law Rep. 129 ; and Bates on Hob MS 
 the writ? Corpus. The federal judges have exclusive jurisdiction on habeas 
 corpus, whenever the applicant is illegally restrained of his liberty, 
 under or by color of the authority of the United States, whether 
 by virtue of a formal commitment or otherwise. 
 
 What is the Ex parte McDonald, 9 Am. L. R. 662. Much diversity of opinion 
 K . W ! r c f the a PP ears to exist as fco tlie power of the State courts to discharge, 
 ovei-VerCons on ^ iaoeas corpus, a person illegally held in the military service of 
 held in mil- the United States. Some judges hold that the State courts have 
 itary serv- jurisdiction to discharge one enlisted contrary to the acts of Con 
 gress. Wilson s case, 18 Leg. Int. 316; Dobb s Case, 9 Am. L. 
 R. 565; Commonwealth v. Carter, 20 Leg. Int. 21; Henderson s 
 Case, Id. 181 ; Webb s Case, 10 Pittsburgh Leg. I. 106 ; contra, 
 Phelan s Case, 9 Abbott, 286. And in Carney s Case, Chief-Justice 
 Lowrie discharged a person from military arrest, who, after 
 having been exempted from the conscription by the board of 
 enrolment, was arrested on the pretext that they had recon 
 sidered their decision. 14th August, 1863, MS. On the con 
 trary, it has been held that the State courts have no jurisdic 
 tion to inquire into the validity of the draft on habeas corpus. 
 Spangler s Case, 11 Am. L. R. 596: Jordan s Case, Id. 749. And 
 that they have no power to discharge from the custody of the provost 
 marshal one held for desertion, though enlisted contrary to law. 
 Shirk s Case, 3 Gr. 460. This, however, was said by Leonard, J., in 
 the Supreme Court of Xew York, to be founded on a misconception 
 of the case of Ableman v. Booth ; and Barrett, having been illegally 
 enlisted, was discharged, notwithstanding a charge of desertion. 
 Barrett s Case, 12 Pittsburgh Leg. 1. 90. See also Follis s Case, 
 19 Leg. Int. 276; United States v. Wright, 20 Id. 21; McCall s 
 Case, Id. 108; Commonwealth v. Rogers, 10 Pittsburgh Leg. I. 
 178; Stevens s Case, 24 Law Rep. 205 ; Ex parte McDonald, 9 Am. 
 L. R. 662; United States v. Taylor, 20 Leg. Int. 284; In re Hicks 
 and Archibald, 1 1 Pittsburgh Leg. I. 25 ; Com. v. Wright, 3 Gr. 437. 
 In Vallandigham s Case, Judge Leavitt refused an applica 
 tion for a writ of habeas corpus, on the ground that the imprison- 
 
01. 2.] HABEAS COPvPUS, 141. 143 
 
 ment was under military authority, and that, although a civilian, he An>l when 
 was held for trial before a military commission, for disloyal prac- b * . 1( . 1 ^y lhe 
 tices; the country being engaged in war, and the military necessi- 
 ties requiring that the power to arrest parties under such circum 
 stances should be exercised by the President, as commander-in- 
 chief. Vallandigham s Trial, 259. Where a prisoner is held on 
 original federal (not judicial) process, the State courts have concur 
 rent jurisdiction with those of the United States, to inquire into 
 the legality of the detention on habeas co-pus. Bressler s Case, 3 
 G-r. 447; citing 10 Johns. 328; 7 Cow. 471; 5 Hill, 16: 2 South, 
 555; 12 N. 11. 194; 11 Mass. 63 ; 24 Pick. 267; 7 Gush. 285; 7 
 Barr. 336. The State judges have no power, on habeas corpus, 
 to inquire into cases of commitment or detainer, under the 
 authority of the federal government. Hopson s Case, 12 Am. L. 
 R. 189. A return to a habeas corpus, by a provost marshal, that the 
 prisoner is held as a deserter from the army, under the authority 
 of the United States, is sufficient, without the production of the 
 body ; the State courts having no jurisdiction to inquire into the 
 truth of the fact alleged in the return. Id. The proceedings on a 
 writ of habeas corpus in the federal courts, are governed by the 
 common la\v of England as it stood at the adoption of the Consti 
 tution, subject to such alterations as Congress may prescribe. Ex 
 parte Kaine, 3 Blatch. 1. See Ex parte Aernam, Id. 160. 
 
 By the act of 3d March, 1863, 1, 12 Stat. 755 (2 Brightly, 196), Give the 
 it is declared : During the present rebellion, the President of jjj*,^ ^ 
 the United States, whenever, in his judgment, the public safety may t^act to 
 require it, is authorized to suspend th.3 writ of h ibeas corpus in any suspend the 
 case throughout the United States, or any part thereof." writ ? 
 
 Upon a return to a writ of habeas corpus, that the relator was 
 held by virtue of an order issued by the Secretary of War, by 
 direction of the President, for endeavoring to prevent, and dis 
 couraging enlistments in the army, and that the privilege of the 
 writ of habeas corpus had been suspended by the President, the 
 writ was dismissed without inquiry into the validity of the arrest, 
 or the legality of the cause of complaint. Kulp v. Ricketts, 3 Or. 
 420. And see Vallandigham s Trial, 259. 
 
 On the 15th September, 1863, the President, by proclamation, And the 
 suspended the privilege of the writ of habeas corpus, during President s 
 the rebellion, throughout the United States, in all "cases when, jjjjj f 
 by the authority of the President of the United States, the mili 
 tary, naval, and civil officers of the United States, or any of them, 
 hold persons under their command or in their custody, 
 either as prisoners of war, spies, or aiders or abettors of the 
 enemy, or officers, soldiers, or seamen, enrolled, drafted, or 
 mustered or enlisted in or belonging to the land or naval forces 
 of tlie United States, or as deserters therefrom, or otherwise 
 amenable to military law, or the rules and articles of war, or 
 the rules or regulations prescribed for the military or naval 
 service by authority of the President of the United States, or for 
 resisting a draft, or for any other offense against the military or 
 nuval service." In Commonwealth ex. rei. Cozzens v. Frink, on 
 habeas corpus, before Judge Thompson of the Supreme Court of 
 
144 HABEAS COKPUS, 141. [Art. L, See 9, 
 
 Pennsylvania, it was decided, that the courts will take judicial 
 notice that the rebellion no longer continues, and with it ends the 
 power of the President to suspend the habeas corpus, and to order 
 the arrest of a citizen, without warrant, if any he ever possessed, 
 by virtue of this act. In that case, a provost-marshal made 
 return to a writ of habeas corpus, that the relator was detained by 
 him as a prisoner, under the authority of the President of the 
 United States; this return, however, was adjudged insufficient. 
 and the prisoner w4s discharged from military arrest. Phla- 
 delphia "Ledger," 6th July, 18G5. 13 Am. L. R. 700. 
 Mrs. Sur- In Mrs. Surratt s Case, Judge Wylie, of the Supreme Court of 
 ratt\scase? the District of Columbia, issued a writ of habeas corpus to inquire 
 into the legality of her conviction by a military commission ; but 
 was compelled to acknowledge himself powerless to enforce 
 obedience to the writ, and the prisoner was executed in pur 
 suance of the sentence. 7th July, 1865. 
 
 See 2 Brightly s Dig. title Habeas Corpus, 140, 141. Mr. Bright 
 ly also refers to the pamphlet of Horace Binney, against the con 
 stitutionality of the act. 
 
 But see Attorney-General Bates on Habeas Corpus, 5th July, 
 1861. 
 
 What is the The circuit court may certify a proceeding for a habeas corpus, 
 jurisdiction upon a division of opinion, as in other causes" or "suits." 
 m eme 611 (Bollman s Case, 4 Cranch, 75; case of Tobias Watkins, 3 Pet. 
 Court of the 193 ; The United States v. Dauiel, 6 Wheat. 562 ; Weston v. The 
 United City Council of Charleston, 2 Pet. 449 ; Cohens v. Virginia, 6 
 Wheat. 264; Holmes v. Jeunison, 14 Pet. 540.) Ex parte Milligan, 
 199-201. 4 Wallace, 110-113, 117. 
 
 If a party is unlawfully imprisoned, the writ of habeas corpus is 
 his appropriate legal remedy. It is his suit in a court to recover 
 his liberty. (Holmes r. Jennison, 4 Pet. 540.) Ex parte Milligau, 
 4 Wallace, 113, 132. 
 
 The act of Congress "relating to habeas corpus and regulating 
 proceedings in certain cases," was approved March 3d, 1863. (12 
 St. 755.) Ex parte Milligan, 4 Wallace, 114. This act was consti 
 tutional. .Id. 133. 
 
 The President suspended the writ by proclamation, dated 15th 
 September, 1863. Id. 
 
 Does the The suspension of the writ does not authorize the arrest of any 
 
 suspension person, but simply denies to one arrested the privilege of this writ 
 in or(ier to obtain his liberty. Exparte Milligan, 4 Wallace, 115. 
 The act recited. Id. The Chief- Justice and Justices Wayne, 
 Swayne and Miller dissented from this. Id. 137. 
 
 The suspension of the privilege of the writ of habeas corpus does 
 
 not suspend the writ itself. It issues as a matter of course, and on 
 
 the return made to it, the court decides whether the party applying 
 
 is denied. the right of proceeding any further with it. Id. 131. 
 
 When will it The supreme court will not grant the writ to bring up a party 
 
 live in con- ^ imprisoned for contempt, except on a certilicate of division of 
 
 tempt cuoes . O pj n j OUj because such a commitment is a criminal proceeding. Ex 
 
 parte Kearney, 7 Wheat. 38; Anderson v. Dunn, 6 Wheat. 204; 
 
 Sergeant s Constitutional Law, 66, 67; James Buchanan, Peck s 
 
 Trial, 435. 
 
Cl. 2.] HABEAS CORPUS, 141. 145 
 
 The laws of Pennsylvania in relation to the writ of Habeas When for 
 Corpus reviewed. Opinion of Attorney-Genera], Henry Staubery persons en- 
 in Gormley s case, 6th Oct., 1867. And also life several acts of 
 
 Congress of 1789, 1833, 1842, and 1863, upon the subject of Habeas 
 Corpus. None of these acts declare the jurisdiction of the courts 
 of the United States to be exclusive of the State courts. Id. 
 
 From an examination of the acts of 1789, 1806, 1809, 1820, 
 1837, 1845, and July 1, 1864, it appears that minors between 
 the ages of thirteen and eighteen may be enlisted in the 
 navy with the consent of their parents or guardians, to serve 
 until the age of twenty-one years ; and that minors above eighteen 
 years may be enlisted without such consent. Id. 
 
 The weight of authority is in favor of the power of the State 
 courts to hear the application of enlisted persons or persons held by 
 United States authority, and to discharge or remand them. Id. 
 The production of the body is the life of the writ. Id. 
 
 But judicial convictions and sentences by the United States 
 courts are exceptions to the rule. 
 
 IS either the regularity nor validity of the proceedings can be 
 called in question by any other court, State or Federal, by habeas 
 corpus. (Able man v. Booth, 21 How. 506, 526.) Stanbery s opin 
 ion in Gorm .ey s Case. 
 
 " We do not question the authority of a State court or judge, who Define the 
 is authorized by the laws of the State to issue the writ of habeas demarcation 
 corpus, to issue it in any case where the party is imprisoned within poSersof the 
 its territorial limits, provided it does not appear when the applica- United 
 tion is made, that the person imprisoned is in custody under States and 
 authority of the United States. The court or judge has a right to c 
 inquire into this mode of proceeding for what cause and by what 
 authority the prisoner is confined within the territorial limits of the 
 State sovereignty. And it is the duty of the marshal or other per 
 son having the custody of the prisoner, to make known to the 
 judge or court, by a proper return, the authority by which he 
 holds him in custody. This right to inquire, by means of habeas 
 corpus, and the duty of the officer to make a return, grows neces 
 sarily out of the complex character of our government, and the 
 existence of two distinct and separate sovereignties within the 
 same territorial space, each of them restricted in its power, and 
 each, within its own sphere of action, prescribed by the Constitu 
 tion of the United States, independent of the other. But after the 
 return is made, and the State judge or court judicially apprised 
 that the party is in custody under the authority of the United 
 States, they can proceed no further. They then know that the 
 prisoner is within the dominion and under the jurisdiction of 
 another government, and that neither the writ of habeas corpus or 
 any other process issued under State authority can pass over the 
 line of division between the two sovereignties. He is then within 
 the dominion and exclusive jurisdiction of the United States. If 
 he has committed an offense against their laws, they alone can 
 punish him. If he is wrongfully imprisoned, their tribunals can 
 release him and afford him redress. And although, as we have said, 
 it is the duty of the marshal, or other person holding him, to make 
 known by a proper return the authority under which he detains 
 7 
 
146 HABEAS COEPUS, ATTAINDER, 142. Art. I., Sec. 9, 
 
 him, it is at the same time imperatively his duty to obey the pro 
 cess of the United States, to hold the person in custody under it, 
 and to refuse obedience to the marshal or process of any other govern 
 ment. And, consequently, it is his duty not to take the prisoner, 
 or suffer him to be taken, before a State judge, or court, upon a 
 habeas corpus under State authority. No State judge or court, 
 after they are judicially informed that the party is imprisoned 
 under the authority of the United States, has any authority to 
 interfere with him or to require him to be brought before them. 
 And if the authority of a State, under form of judicial process 
 or otherwise, should attempt to control the marshal or other 
 authorized officer or agent of the United States in any respect, in 
 the custody of his prisoner, it would be his duty to resist it and 
 call to his aid any force that might be necessary to maintain the 
 authority of the law against illegal interference. No judicial pro 
 cess, whatever form it may assume, can have any authority out 
 side of the limits of the jurisdiction of the court or judge by whom 
 it is issued ; and an attempt to enforce it beyond these boundaries 
 is nothing less than lawless violation. (United States v. Booth, 21 
 How. 526?") Stanbery in Gormley s Case ; 1 Kent s Com. 32, llth 
 Edition, note 1. 
 
 This general language is to be confined to process issued by the 
 United States courts, not to any other kind of imprisonment, (tiurd 
 on Habeas Corpus, 284.) Stanbery. 
 
 It was the duty of Commodore Selfridge to produce the body of 
 the marine. Id. The decision of the Secretary of the Navy was 
 revoked, and the Commodore ordered to obey the writ of the Court 
 of Quarter Sessions of Pennsylvania. New York Herald of 7th 
 Oct., 1867. 
 
 Attainder [3.] No bill of attainder or ex post facto law shall 
 
 and ex post , -. 
 
 facto T be passed. 
 
 Define Bill 142. A BILL OP ATTAINDER is a legislative act which inflicts 
 of Attain- punishment without a legal trial And it includes bills of pains 
 and penalties. (Story s Const. 1344.) Cummings v. The State 
 of Missouri, 4 Wallace, 323. They may be directed against indi 
 viduals or a whole class. Id. And inflict punishment absolutely 
 or conditionally. Id. Gaines v. Buford, 1 Dana, 510. 
 
 Give exam- The Constitution of Missouri, which required an expurgatory 
 pie of such? oath of all priests, teachers, &c., was in effect, a bill of attainder. 
 19. Cummings v. State of Missouri, 4 Wall 323, 325. 
 
 The test oath required of Attorneys (note 242) of the courts of 
 the United States, partakes of the nature of a bill of pains and 
 penalties, and it is subject to the constitutional inhibition against 
 the passage of bills of attainder, under which general designation 
 they are included. Ex parte Garland, 4 Wallace, 377 ; II. Stan 
 bery s Opinion of 24th May, 1867, p. 14. 
 
 In Cummings v. The State, (4 Wallace, 326), we considered the 
 meaning of a bill of attainder and of an ex post facto law in the 
 Clause of the Constitution forbidding their passage by the States, 
 and it is unnecessary to repeat here what we there said. A like 
 
01. 3.] ATTAINDER EX POST FACTO, 142, 143. 147 
 
 prohibition is contained in the Constitution against enactments of 
 this kind by Congress. Ex parte Garland, 4 Wallace, 378. 
 
 Attorneys and counsellors are not officers of the United States. Are attor- 
 Id. They are officers of the court, and hold during good behavior. ne y s offl " 
 and can only be deprived of their offices for misconduct ascertained cers? 
 and declared by the judgment of the court, after opportunity to be 
 heard has been afforded. (Ex parte Heyfron, 7 Howard, Mississippi, 
 127 ; Fletcher v. Dangerfield, 20 California, 430.) Id. 
 
 Their appointments and removal are judicial acts, and they can 
 only be deprived of the right for moral and professional delinquency. 
 (In the matter of the application of Henry W. Cooper, 22 New 
 York (8 Smith), 81; Ex parte Secombe, 19 How. 9.) Ex parte 
 Garland, 4 Wallace, 379. The removal cannot be effected by an 
 act of Congress requiring new qualifications. (Cummings v. Mis 
 souri, 4 Wallace, 329.) Ex parte Garland, 4 Wallace, 380. Such 
 laws are forbidden both to Congress and the States. Id. 386. 
 
 In the opinion by Mr. Justice Miller, expressing the dissent of What was 
 Chief-Justice Chase, Justices Davis, Swayne, and himself, he the dissent? 
 defines " ATTAINDER," in the language of Sir Thomas Tomlins, as 
 "the stain or corruption of blood of a criminal capitally con 
 demned ; the immediate and inseparable consequence of the com 
 mon law, on the pronouncing the sentence of death." Ex parte 
 Garland, 4 Wallace, 387. 
 
 Bills or acts of attainder were laws which declared certain persons 
 attainted, and their blood corrupted, so that it had lost all heritable 
 quality. Ex parte Garland, 4 Wall. 387. 
 
 The power to pass attainders is forbidden in this section to Con- Is the power 
 gress, in section nine to the States, and in section three of artfcle forbidden to 
 III., it is declared that no attainder of treason shall work corrup- 
 tion of blood or forfeiture, except during the life of the person 159. 
 attainted. Ex parte Garland, 4 Wallace, 387, 388. 
 
 Attainders were convictions and sentences pronounced by the Define at- 
 legislative department, instead of the judicial ; the sentence pro- tenders at 
 nounced and the punishment inflicted were determined by 
 previous law or fixed rule; the investigation into the guilt of the 
 accused, if any were made, was not necessarily or generally con 
 ducted in his presence, or that of the counsel, and no recognized 
 rule of evidence governed the inquiry. (Story s Const. 1344.) 
 Ex parte Garland, 4 Wallace, 389. (A bill of attainder may affect 
 the life of an individual, or may confiscate his property, or both. 
 Fletcher v. reck, 6 Cr. 138 ; 1 Kent s Com. Lect. 19, p. 382.) 
 
 The act of Congress and the Constitution of Missouri, requiring 13. 
 expurgatory oaths, do not come within the definitions, and are 143. 
 not bills of attainder. Ex parte Garland, 4 Wallace, 388. 
 
 They designate no criminal, either by name or description, de 
 clare no guilt, pronounce no sentence and inflict no punishment, 
 and can, in no sense, be bills of attainder. Justice Miller in ex 
 parte Garland, 4 "Wallace, 390. See 2 Woodeson s Lectures, 622- 
 t>24. 
 
 143. Ex post facto laws are such as create or aggravate crime, Define ex 
 or increase the punishment, or change the rules of evidence for theP 8t fo^tof 
 purpose of conviction. Calder v. Bull, 3 Dall. 390 ; Cummings v. 
 
148 EX POST FACTO LAW, 143. [Art. L, Sec. 9. 
 
 Missouri, 4 Wallace, 326; Shepherd v. People, 25 N. T. 406. The 
 phrase only applies to penal and criminal laws, which inflict for- 
 156. t eitures or punishment, and not to civil proceedings which affect 
 private rights retrospectively. Watson v. Mercer, 8 Pet. 110; 
 Carpenter v. Pennsylvania, 17 How. 463 ; Fletcher v. Peck, 6 Cr. 
 138 ; Society for the Propagation of the Gospel v. Wheeler, 2 Gall. 
 138; United States v. Hall, 2 Wash. C. C. 366; Commonwealth v. 
 Lewis, 6 Binn. 271 ; Locke v. New Orleans, 4 Wallace, 173. There 
 is nothing in the Constitution which forbids Congress to pass laws 
 violating the obligation of contracts, though such a power is denied 
 to the States. Evans v. Eaton, Pet. C. C. 323 ; Mayer v. Knight, 
 27 Tex. 719; Paschal s Annotated Digest, note 220, p. 91, and note 
 157, p. 42. 
 
 An ex post facto law renders an act punishable in a manner it was 
 
 not punishable when committed. (Fletcher v. Peck, 6 Cranch, 138.) 
 
 Give an Cummings v. Missouri, 4 Wallace, 326. An act repealing a law on 
 
 example? wn j cn a g ran t re sts and annulling the title, is, in effect, an ex post 
 
 18. facto law. Idem. The Constitution of Missouri, which disqualified 
 
 122. all persons who had aided in the rebellion or sympathized with 
 
 the rebels, unless they took an expurgatory oath, was in effect an 
 
 ex post facto law. Cummings v. Missouri, 4 Wallace, 327. 
 
 Some of the things enumerated in the oath were not offenses 
 when committed; and therefore are within the definition of an ex 
 post facto law. "They impose a punishment for an act not pun 
 ishable at the time it was committed." Id. So the clauses 
 which imposed a further penalty was ex post facto, because "they 
 impose additional punishment to that prescribed when the act was 
 committed." (Fletcher v. Peck, 6 Cranch, 138.) Cummings v. 
 Missouri, 4 Wallace, 328. (For the Missouri oath, see Constitution 
 of Missouri, Article II., 1 New York Convention Manual, p. 348.) 
 
 This provision to secure the liberty of the citizen, cannot be 
 * evaded by the form in which the power of the State is exerted. Id. 
 To what In the cases of Cummings and Garland, Mr. Justice Miller de- 
 
 class of cases livered the dissentient opinion for Chief- Justice Chase, Justices 
 facfo^ify Davis, Swayne, and himself. He held that all the cases agree, that 
 apply? the term ex post facto is to be applied to criminal and penal cases 
 alone, and not to civil proceedings. (Watson v. Mercer, 8 Pet. 88 ; 
 159. Calder v. Bull, 3 Dall. 386 ; Fletcher v. Peck, 6 Cr. 87 ; Ogden v. 
 Saunders, 12 Wheat. 266; Satterlee v. Matthewson, 2 Pet. 380.) 
 Exparte Garland, 4 Wallace, 390, 391. 
 
 233. They make acts done before the passage of the law, and which 
 
 were innocent when done, criminal, and punish such actions; or 
 change the punishment and inflict greater punishment than the 
 law annexes to the crime when committed ; or they alter the rules 
 of evidence and receive less or different testimony than the law 
 required at the time of the commission of the offense. (Caldcr v. 
 Bull, 3 Dall. 386.) Ex parte Garland, 4 Wall. 391 ; Cummings v. 
 Missouri, 4 Wall. 325, 326; Shepherd v. People, 25 N. Y. (11 
 Smith) 406. 
 
 158. The true distinction, is between ex post facto laws and retrospec 
 
 tive laws. (Calder v. Bull.) Exparte Garland, 4 Wallace, 391. 
 The minority held that the test oath to attorneys in the act of 
 
Cl. 4.] CAPITATION DIKECT TAX, 143, 144. 149 
 
 Congress, and the expurgatory oath in the Constitution of Missouri 
 are not within the definition of an ex post facto law. Id. 
 
 And for further learning: on the subject, see Carpenter v. Penn 
 sylvania, 17 How. 456; Baugher v. Nelson, 9 Gill. 299; The 
 Federalist, Nos. 44, 49 ; Journal of Convention, Supp. 431 ; 2 Am. 
 Museum, 556; 2 Elliot s Debates, 343-354; Ogden v. Saunders, 
 12 Wheat. 266, 303, 329, 330, 335; 1 Kent s Com. Lect. 19, pp. 
 381, 382. 
 
 [4.] No capitation, or other direct tax, shall be laid, what is the 
 
 -I . , . , , Inhibition as 
 
 unless in proportion to the census or enumeration here- to direct 
 inbefore directed to be taken. 
 
 144. " CAPITATION," [Lat. caput, the head] or, as they are more Define capi- 
 commonly called, poll-taxes, that is taxes upon the polls, heads, or tation ? 
 persons, of the contributors, are direct taxes. (See Smith s "Wealth 
 of Nations, B. 5, ch. 2, art. 4; The Federalist, No. 36; 2 Elliot s 
 Debates, 209.) Story s Const. 954; Hylton v. United States 3 
 Dall. 171; Loughborough v. Blake, 5 Wh. 320-1. This section, 
 compared with the 8th and 9th, and the 2d section of the 1st 22, 81, 85. 
 art. Hylton v. United States, 1 Cond. 84. A tax on. carriages, 
 expenses, or income is not a direct tax. Id. 
 
 Taxes on lands, houses, &c., are direct taxes. (1 Tucker s Black. 
 Com. App. 232, 233; Hylton v. United States, 3 Dall, 171; The 
 Federalist, No. 21 ; Loughborough v. Blake, 5 Wheat. 317-325.) 
 Story s Const. 954. The poll-tax was to be considered direct on 
 account of the slaves. Id. 
 
 In a general sense, all contributions imposed by the government What are all 
 upon individuals for the service of the State, are called taxes, by contribu- 
 whatever name they may be known, whether by the name of p ^Vby" 
 tribute, tithe, tailage, impost, duty, gabel, custom, subsidy, aid, government 
 supply, excise, or other name. They are divided into direct and called? 
 indirect taxes. Under the former are included taxes on land, or 72 77 
 other real property; under the latter, taxes on articles of con 
 sumption. (Federalist, Nos. 21, 36; Smith s Wealth of Nations; 
 B. 5, ch. 2, Pt. 2, Arts. 1 and 2 and App. ; Loughborough v. Blake, 5 
 Wheat. 317-319.) Story s Const. 950. 
 
 If South Carolina considers the revenue laws unconstitutional, What -was 
 and has a right to prevent their execution in the port of Charles- , of 
 
 ton, there would be a clear constitutional objection to their collec- 
 tion in every port, and no revenue could be collected anywhere ; 
 for all imposts must be equal. President Jackson s Proclamation, 
 10th December, 1832 ; Story s Const. 1053a, note 1. It will also 
 be found in Bentou s Thirty Years in the Senate. No document 
 has ever more strongly stated the principles upon which the gov 
 ernment suppressed the rebellion. 
 
 For an exhaustive treatise on " TAXES," see Story s Const. 3 ed. 
 book 3, ch. IV. 
 
 Direct taxes must be by the rule of apportionment. The License 22, 81. 
 Cases, 5 Wall. 471. 
 
150 
 
 CENSUS TAXES, 145, 146. [Art. I., Sec. 9. 
 
 Define 
 census ? 
 
 21, 
 
 24. 
 
 275, 285. 
 
 How many 
 census re 
 ports? 
 
 145. " CENSUS." Lat. in the Roman law. A numbering or 
 enrollment of the people, with a valuation of their fortunes (per- 
 sonarum et bonorum de*criptio). (Brissonius.) The right of being 
 enrolled in the census books. (Butler s Corpus Jur. 27.) [Law 
 Lat] In old European law, a tax or tribute (tributum); a toil 
 (Esprit des lois, liv. 30, c. 14). Burrill s Law Die., CENSUS. 
 
 In this clause it doubtless has reference to Article 1, clause 3, 
 which declares that " Representatives and direct taxes shall be ap 
 portioned among the several States which may be included in the 
 Union according to their respective numbers," the basis of which, 
 as has been seen, was to number every soul, but to exclude two- 
 fifths of the slaves from the ratio of representation. But since 
 the destruction of slavery, all the "numbers" found i:y the future 
 censuses must be counted, unless the new basis proposed by the 
 fourteenth amendment shall have been adopted. This has natur 
 ally been one of the great points of controversy upon the recon 
 struction question. It is a legitimate fruit of the revolution. 
 
 To the philosophical statesman there has been nothing in the 
 execution of the Constitution so valuable as the Census Reports and 
 the Compendiums thereof, running through eight decades. The 
 information and the classification have improved eveiy year, until 
 the present able head of the bureau has almost reduced the tables 
 to perfection. Nothing is hazarded in saying that, had these reports 
 been carefully studied, the Union never would have encountered 
 its severe struggle. 
 
 [5.] Xo tax or duty shall be laid on articles exported 
 from any State. [6.] No preference shall be given by 
 any regulation of commerce or revenue to the ports of 
 one State over those of another ; nor shall vessels 
 bound to, or from, one State, be obliged to enter, 
 clear, or pay duties in another. 
 
 Can there be 146. " No TAX OR DUTY." The power is thus wholly taken 
 
 any duty on awa y to interfere with the subject of exports. Story s Const. 
 
 exports} 1014; Sergeant s Const, ch. 28, p. 346; Rawle s Const, ch. 10, p. 
 
 115, 116; United States v. Brig William, 2 Hall s Law Jour. 255, 
 
 259, 2 GO. The subject was well considered in the Convention. 
 
 Journals of Convention, 222, 275, 301, 318, 377; 2 Curtis s Hist. 
 
 Const. 290, 304. 
 
 The clause was stricken out of the Constitution of the Confed 
 erate States. This clause read: No preference shall be given 
 by any regulation of commerce to the ports of one State over those 
 of another." 
 
 And very heavy export duties were levied upon cotton, first by 
 military orders, and afterward by statute. Paschal s Annotated 
 Digest, p. 90, 7. 
 
 The omission in regard to vessels was to correspond with their 
 amendment in regard to commerce. 
 
 * 147. "No PREFERENCE." [Lat. prefero, the act of preferring.] 
 
 "What are the 
 inhibitions 
 as to com 
 merce ? 
 
 144 
 61. 
 
Cl. 5, 6.] PREFERENCE MONET, 147-149. 151 
 
 This means, that " all duties, imports and excises, shall be uniform "What means 
 throughout the United States." See Story s Const. 1016-1031, preference? 
 3d edition and notes; Journals of the Convention, 227, 303, 304; 81 - 
 Federalist, No. 44. 
 
 An " IMPOST," or duty on imports, is a custom or tax levied on Define iin- 
 articies brought into a country. "IMPORTS," are the articles l )ost ? 
 themselves which are brought into the country. " A DUTY ON Import! 
 IMPORTS " is not merely a duty on the act of importation, but it is 75 ~ 7 ^ 
 a duty on the thing imported. (Brown v. Maryland, 12 Wheat. 
 449.) Story s Const. 1013-1031, 1072a-1072*. note 3. 
 
 The power of the State inspection laws is retained, subject to Where is 
 the revision and control of Congress. (Gibbons v. Ogden, 9 Wheat. tht : l ovver 
 203-206, 210, 235, 236, 311; Brown v. Maryland, 12 AVheat. 419, 
 438, 439, 440.) Story s Const. 1016, 1017; Curtis s Hist. Const. 
 189, 281, 282, 285, 290-297. 
 
 Inspection laws form a portion of the immense mass of legisla 
 tion, which embraces every thing in the territory of a State not 77-81. 
 surrendered to the general government. Inspection laws, quaran 
 tine laws, and health laws, as well as laws for regulating the inter- 269. 
 nal commerce of a State, and others, which respect roads, fences, 
 &c., are component parts of State legislation, resulting from the 
 residuary powers of State sovereignty. No direct power over these 
 is given to Congress, and, consequently, they remain subject to 
 State legislation, though they may be controlled by Congress when 
 they interfere with their acknowledged powers. (See the authori 
 ties above cited; Federalist, Nos. 7, 22 ; Gibbons v. Ogden, 9 Wheat. 
 199-201.) 
 
 148. "VESSELS BOUND." This clause has reference to the Define res- 
 coasting trade, and the intercommunication by lakes, bays, rivers, sels bound ? 
 and creeks a trade, the tonnage of which exceeds all our foreign 
 tonnage by over a thousand per cent. The vastness of this com 
 merce and its total exemption from taxation, show the immense 
 value of the Union. 
 
 A State law requiring the payment of pilotage fees, does not 
 infringe this clause. Cooley v. Board of Wardens, 1 2 How. 314-15 ; 
 Pennsylvania v. Wheeling & Belmont Bridge Co. 18 Id. 421. 
 
 [7.] No money shall be drawn from the treasury, what are the 
 
 , . ,, . . -it-i restrictions 
 
 but in consequence of appropriations made by law ; over the 
 and a regular statement and account of the receipts trc 
 and expenditures of all public money, shall be pub 
 lished from time to time. 
 
 14?). "No MONEY," &c. The definition of money here, is suffi- What means 
 ciently comprehensive to embrace every kind of currency received money here? 
 and expended by the government. 82-84, 98, y9. 
 
 The Confederate States Constitution contained this further IIow did the 
 restriction : " Congress shall appropriate no money from the Treas- Confederate 
 ury, except by a vote of two- thirds of both houses, taken by yeas station " 
 and nays, unless it be asked and estimated for by some one of the vary? 
 heads of departments, and submitted to Congress by the President; 
 
152 NOBILITY OFFICE, 149-151. [Art. I., Sec. 9. 
 
 or for the purpose of paying its own expenses and contingencies ; or 
 for the payment of claims against the Confederate States, the justice 
 of which shall have been judicially declared by a tribunal for the 
 investigation of claims against the government, which it is hereby 
 made the duty of Congress to establish." Paschal s Annotated 
 Digest, pp. 90, 91. As it was contemplated that the cabinet officers 
 should have seats upon the floor, with the privilege of discussion ; 
 and as " the President may approve any appropriation, and disap 
 prove any other appropriation in the same bill," this was certainly 
 a great increase of executive power. A bill not estimated for had 
 to receive a two-thirds vote, then encounter opposition by the head 
 of department on the floor ; and finally pass by a two-thirds vote 
 over the President s veto. Paschal s Annotated Digest, pp. 87, 88, 
 Art. I., 6, 7, Clauses, 2, 2. 
 
 A court of claims was created by the act of 24th Feb., 1855 ; but 
 the final power to allow or disallow the judgment of the court, 
 still remains. 9 St. 612 ; 1 Brightly s Digest, 198. 
 
 What is tho Whether the public moneys at the disposal of the postmaster- 
 creditor s general, are technically in the treasury or not, the spirit of this 
 remedy? provision applies to them, and ought to be faithfully observed in. 
 their expenditure. 3 Opin. 13. No other remedy exists for a 
 creditor to the government, than an application to Congress for 
 payment ; he cannot have a lien on the public property in his pos 
 session or custody. United States v. Barney, 3 Hall s L. J. 130 ; 
 2 Wh. Cr. Gas. 513. 
 
 The reports of the receipts and expenditures are made to Con 
 gress annually, by the Secretary of the Treasury ; and they form 
 an important part of the executive documents of the nation. 
 
 what are the [8.] No title of nobility shall be granted by the 
 
 as to nibi- s United States ; and no person holding any office of 
 
 lentB? d pre " profit or trust under them, shall, without the consent 
 
 of the Congress, accept of any present, emolument, 
 
 office, or title of any kind whatever, from any king, 
 
 prince, or foreign state. 
 
 Define no- 15O. "No TITLE OF NOBILITY." [Lat. Nolilitas.~] Being noble, 
 bility? whether by antiquity of family, or letters patent by the sovereign. 
 Worcester s Die., NOBILITY. Here, the collective body of titled 
 and privileged persons in a State ; the aristocratic and patrician 
 class ; the peerage ; as the English nobility, the French, German, 
 Russian nobility. Webster s Die., NOBILITY; 1 Black. Com. 156- 
 157. 
 
 Perfect equality is the basis of all our institutions. Story s 
 Const. 1351. A privileged order would certainly destroy our 
 152. republican form of government. (See sec. X). The same restric 
 tion is upon the States. Id. 
 
 Define 151. " No PERSON HOLDING ANY OFFICE." OFFICE. [Lat. Ojfi- 
 
 office ? cium, or opificium ; from opus, work, and facto, to do.] Here a public 
 
 charge or employment. Worcester s Die., OFFICE. Thus a mar- 
 
Cl. 7, 1.] INHIBITIONS STATES, 152, 153, 154. 153 
 
 elial of the United States, cannot at the same time, hold the office 
 of commercial agent of France. 6 Op. 409. 
 
 As to the object, see the Federalist (No. 84 ; 1 Tuck. Black) Com. 
 App. 295-296; Rawle on the Const, ch. 10, p. 120; Story s Const. 
 1352. An amendment was proposed in 1803, extending the 
 prohibition to all private citizens. But it has never yet been rati 
 fied. Story s Const. 1352. 
 
 SEC. X. [1.] No State shall enter into any treaty, what are the 
 alliance, or confederation ; grant letters of marque and Bwtiona 
 reprisal; coin money; emit bills of credit; make any state? 
 thing but gold and silver coin a tender in payment of 
 debts; pass any bill of attainder, ex post facto la\v, or 
 law impairing the obligation of contracts, or grant any 
 title of nobility. 
 
 152. REMARK. It will be observed that to Congress is either Which of 
 given or denied all the powers herein inhibited to the States except these powers 
 " to make any thing but gold and silver coin a legal tender," "emit ^j^i^" r 
 bills of credit," or " pass any law impairing the obligation of con- the United 
 tracts." Thus to the President, by and with the advice of the States ? 
 Senate, is given the right to enter into treaties, alliances, or confed- 178. 
 orations. To Congress is given the right to coin money and grant 97, 9S. 
 letters of marque and reprisal ; and from Congress is denied the 99, 178. 
 power to create a title of nobility or pass ex post facto laws. About 150. 
 the power of Congress to emit bills of credit, make tenders in pay- 153. 
 ment of debts, or to pass laws impairing the obligation of contracts, 
 the Constitution is silent. Neither of these powers is reserved to 
 the States under the tenth amendment ; for they are expressly pro 
 hibited. Those who deny them to Congress do so upon the ground, ^^* 
 that because they are denied to the States and not granted to Con 
 gress, they do not exist in either government. But on the other 
 hand, it is answered, that the right to borrow money on the credit 
 of the United States carries the right to emit bills of credit and to 78, 82. 
 make them lawful tenders; and, as ex post facto laws relate to 143, 156. 
 crimes, the power to pass bankrupt laws carries along the power 
 to impair the obligation of contracts by the Federal Government. 94-96. 
 The whole ground is narrow ; and hence we have to be controlled 
 by the precedents of the past and what is necessary and proper. 
 None deny the concurrent power of Congress to make gold and 
 silver coin a tender in payment of debts. But the argument is 
 that it can make nothing else a lawful tender. 
 
 153. TO EXTER INTO ANY TREATY, &C., TO "COIN" MONTEY." Why fire 
 
 These powers being national cannot exist in the States. Federal- national 
 ist, No. 44; Rawle s Const, ch. 10, p. 136. They belonged to the Con- j^T* 
 federation, ante, p. 11, Art. G. The same remark is true as to letters ^ 195< 
 of marque and reprisal and coining money. Story s Const. 
 1354-1357. 
 
 154. EMIT BILLS OF CREDIT. To constitute a bill of credit, Define a b-;:i 
 within the Constitution, it must bo issued by a State, involve the of credit? 
 
 7* 
 
154 BILL OF CREDIT- TENDERS, 154, 155. [Art. L, Sec. 10, 
 
 faith of the State, and be designed to circulate as money, on the 
 credit of the State, in the ordinary uses of business. Briscoe v. 
 Bank of Kentucky, 11 Pet. 257, 311; Woodruff v. Trapnall, 10 
 How. 204. As to what are such bills of credit, see Craig v. Mis- 
 88. souri, 4 Pet. 410, 434-448 ; same case, 8 Pet. 40 ; Woodruff v. 
 Trapnall. 10 How. 205; McFarland v. The Bank of Arkansas, 4 
 Ark. 410; Darrington v. State Bank of Alabama, 13 How. 12; 
 Curran v. Arkansas, 15 How. 317-18. The loan certificates of 
 Missouri were bills of credit, and formed no valid consideration for 
 a contract. Mankster v. The State, 1 Mo. 321 ; Lopez v. The State, 
 1 Mo. 451; Craig v. Missouri, 4 Pet. 410, 435. Arid see State of 
 Indiana v. Warm, 6 Hill, 33 ; Delafield v. State of Illinois, 26 Wend., 
 192; Sturges v. Cro win shield, 4 Wheat. 204-205; Madison s Let 
 ter to C. J. Ingersol, 2d Feb. 1811. Story s Const. 1358-1373. 
 
 Bills of credit in the colonies were understood to apply to all 
 paper money, whether funds were provided for their repayment or 
 not. (See 2 Hutch. Hist. 208, 381.) Story s Const. 1368. This 
 author and the cases cited exhaust the whole learning upon the 
 subject. 
 
 "Emit bills of credit," was omitted in the Constitution of tho 
 Confederate States. The result was that many of the States 
 issued large amounts of bills intended to circulate as money. 
 Paschal s Annotated Digest, p. 91, Arts. 806-811. 
 
 Where does 155. " MAKE ANY THING BUT GOLD AND SILVER COIN A TENDER 
 
 the power as IS - PAYMENT OF DEBTS." The things in this article, not also pro- 
 dors reside? hibited to Congress, are allowed to be exercised by it, if the power 
 come within the purview of either of the express or implied 
 269. powers granted. Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 
 
 418, 423, 442. 
 
 63,97,98. "The interpretation which I give to this clause is, that the 
 
 United States possess power to make any thing besides gold and 
 silver a legal tender. * * They have a right to make bank 
 paper a legal tender. Much more then, have they the power of 
 causing it to be received by themselves in payment of taxes." (4 
 Elliot s Debate?, 367, 368; Mr. Alston of South Carolina.) Metro 
 politan Bank v. Van Dyck, 27 N. Y. R. 418 ; The Pennsylvania 
 Cases, 52 Penn. St. R. (2 Smith) 1-100. 
 
 What may There is no express delegation of power to Congress to legislate 
 tender I* 1 on ^ ie su ^J ec * ^ legal tenders, neither is there any prohibition in 
 the Constitution, upon Congress forbidding such legislation, or 
 declaring what shall or shall not make a legal tender ; the omission 
 vras not accidental. Metropolitan Bank v. Van Dyck, 27 N. Y. 
 422. 
 
 It was the opinion of Mr. Madison, that Congress would have 
 the power to declare bills or notes issued on the credit of the 
 United States, a legal tender, unless prohibited bv the Constitu 
 tion. Metropolitan Bank v. Van Dyck, 27 JS T . Y.* 419, 420, 422, 
 42:*, 426. 
 
 The first legal tender act was in favor of foreign coin. (Act 1st 
 88. July, 1793.) Metropolitan Bank v. Van Dyck, 27 N Y. 424, where 
 are cited all the acts on the subject. 
 
 A contract dated 16th December, 1851, payable "in gold or silver 
 
Cl.1.] CONTRACTS, 155, 156, 157. 155 
 
 coin, lawful money of the United States," may be paid in United 
 States legal tender notes, as lawful money of the United States. 
 Rodes v. Bronson, 34 N. Y. R. 649. When the contract matured, it 
 was payable in the only lawful money of the country. The power S3, 97-99. 
 of Congress to declare treasury notes legal tenders for debts con 
 tracted previously to its passage, as well as those contracted sub 
 sequently, has been affirmed by this court. (Metropolitan Bank 
 v. Van Dyck, 34 N. Y. R. 654.) Rodes v. Brouson, 34 N. Y. 
 654. 
 
 A law of Congress to change the currency in which a contract Docs a law 
 may be discharged, does not impair the obligation of the contract. of Congress 
 (Faw v. Marsfceller, 2 Cr. 20 ; Dowmans v. Dowmans, 1 Wash. theVum-ncy 
 Virg. 26 ; Pong v. Lindsay, Dyer, 82 ; Barrington v. Potter, Dyer, impair the 
 81 B. fol. 67 ; United States v. Robertson, 6 Pet. 644; Conkey v. contracts? 
 Hart, 4 Kern. 22; Mason v. Haile, 12 Wh. 370.) Metropolitan 
 Bank v. Van Dyck, 27 N. Y. Rep. 455-8. 
 
 The above authorities also settle, that if a contract be made 
 payable in a particular currency, and that currency ceases to exist 
 before it is due, it must be discharged in the lawful currency at 
 the date of maturity. See, particularly, Faw v. Marsteller, 2 Cr. 
 20, and Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 
 
 A law will not be held to be unconstitutional, unless it is clearly TThen will a 
 and plainly so. (Morris v. The People, 3 Den. 381; Ex parte law be hel( i 
 McCollom, 1 Cow. 564 ; Fletcher v. Peck, 6 Cr. 87 ; Ogden v. San- 
 ders, 12 Wh. 29; Adams v. Howe, 14 Mass. 345.) Metropolitan 
 Bank v. Van Dyck, 27 N. Y. Rep. 460. 
 
 156. "PASS ANY BILL OF ATTAINDER OR Ex POST FACTO LAW." Define e& 
 These terms relate to criminal law only ; but as the words " ex post facto 
 post facto law, or law impairing the obligation of contracts," are 
 
 only separated by a comma, many of the judges treat the words in 142-143. 
 this connection as synonymous; and thus seem to make ex post 
 facto apply to contracts. 
 
 The critical reader is referred to the phrase in Burrill s law dic 
 tionary, for the civil law origin of the term, wherein will be found 
 its exact application. Quoe ab initio inutilis fuit instiiuiio, ex post 
 facto -non convalescere non potent. Translated: An institution or 
 act which was of no effect at the beginning (when made or done), 
 cannot acquire force or validity from after matter. Nunquam 
 credit ex post facto prceteriti delicti cestimatio. The estimate of the 
 character of a past offense is never enhanced by after matter. 
 See 1 Kent s Com. 409. Here follows an instance where it is 
 used in reference to contracts. 
 
 Ex post facto, literally construed, operating upon a previous 
 fact, yet the restricted sense stated, is the one in which it has 
 always been held. It was the sense in which it was understood 
 at the time the Constitution was adopted, both in this country and 
 in England. (1 Blackstone s Com. 46; Calder v. Bull, 3 Dallas, 
 390.) Locke v. New Orleans, 4 Wallace. 173, 174. 
 
 157. THE OBLIGATION OF THE CONTRACT. The laws which what laws 
 exist at the time and place of the making of the contract, enter enter into 
 into and form a part of it; and they embrace alike those which Jj^ ^!*" 
 affect its validity, construction, discharge and enforcement, contract? 
 
156 CONTRACTS, 157. [Art. I., Sec. 10, 
 
 (Green v. Biddlo, 8 Wheat. 92; Bronson v. Kinzie. 1 How. 319; 
 McCrackeu v. Hay ward, 2 How. 612; People v. Bond, 10 Cali- 
 155-159. fornia, 570; Ogden v. Sanders, 12 Wheat. 231.) Von Hoffman v. 
 City of Quincy, 4 Wallace, 550. (This principle has been denied. 
 Farnsworth v. Vance, 2 Cold well (Tenn.) Rep. 111.) 
 
 160-161. As, if the acts so change the remedies as materially to impair the 
 
 rights and interests of the owner, they are just as much a violation 
 of the compact as if they overturned his rights and interests. 
 (Green v. Biddle, 8 Wheat. 92.) Von Hoffman v. City of Quincy, 
 4 Wallace, 551. Or the Illinois two-thirds twelve months stay 
 law. (1 Howard, 297.) Id. Or the State bankrupt insolvent 
 laws, as to anterior contracts. Sturges v. Crowinshield, 4 Wheat. 
 122.) Id. But not as to subsequent contracts. Ogden v. 
 Sanders, 1 Wheat. 213.) Id. 
 
 How are The ideas of validity and remedy are inseparable, and both are 
 
 the validity p ar {; S o f the obligation, which is guarantied by the Constitution 
 connected f against invasion. The obligation of the contract "is the law 
 which binds the parties to perform their agreement." (Sturges v. 
 Crowninshield, 12 Wheat. 257.) Von Hoffman v. City of Quincy, 
 155. 4 Wallace, 552; Story v. Furnam, 25 N. Y. (11 Smith), 223. 
 Where the State incorporated a bank, with no other stockholder 
 than the State, which issued bills, for which all the bank assets 
 were legally bound (and which provided that the issues were re 
 ceivable for all public dues), laws which withdrew the funds from 
 the bank, and appropriated them to various other purposes than 
 paying the notes of the bank, impaired the obligation of the con 
 tract, and were unconstitutional. (Bronson v. Kinzie, 1 How. 
 311; McCracken v. Hayward, 2 How. 608.) Curran v. The State 
 of Arkansas, 15 Mow. 310. The guaranty that the bills were 
 receivable for all public dues, was a contract with the bill-holders ; 
 and to repeal the guaranty, impaired the contract as to bills then 
 in circulation. Woodruff v. Trapnall, 10 How. 205 ; affirmed. 
 What of the Hawthorn v. Caleff, 2 Wall. 23. A law repealing a bank charter, 
 repeal of does no ^ i m p a i r the obligation of a contract, because the property 
 charters? bona fide held, is still a fund for the creditors. (Muma v. The 
 Potomac Co. 8 Pet. 281.) Curran v. Arkausas, 15 How. 310, 331 ; 
 157. This seems not to be so, as to creditors, where the corporators are 
 liable personally for the issues. Corning v. McCulloch, 1 Comst. 
 47, 49 ; Conant v. Van Schaick. 24 Barb. 87 ; Bronson v. Kinzie, 1 
 How. 311 ; Hawthorne v. Caleff, Id. 311. The legislature may 
 repeal the guaranty that the bills shall be received for all public 
 dues ; but the repeal only operates upon future issues, the guar 
 anty remaining as to those outstanding. Woodruff v. Trapnall, 10 
 How. 206. 
 
 What is tho A bridge charter, which declared that no other bridge should be 
 * built within the designated limits, is a contract, within the mean 
 ing of the Constitution. Bridge Proprietors v. Hoboken Co. 1 
 Wall. 146-7. But a railroad bridge is not a bridge, within the 
 meaning of a statute of New Jersey of 1790. Bridge Proprietors 
 v. llobokeu Co. 1 Wall. 147. A railroad bridge does not neces 
 sarily impair the right of an ordinary toll-bridge. (Mohawk 
 Bridge Co. v. Utica & S. R. R. Co. 6 Paige, 564 ; Thompson v. 
 
Cl. 1.] CONTRACTS, 157. 157 
 
 New York & Harlem R. R. Co. 3 Sandf. 625 ; McRae v. Wilming 
 ton Raleigh R. R. Co. 17 Conn. 56; Enfleld Toll-bridge v. The 
 Hartford & New Haven R. R. Co. 17 Conn. 56;) Bridge Pro 
 prietors v. Hoboken, 1 "Wall. 150-1. As to what a ferry privi 
 lege is, see Conway v. Taylor, 1 Black. 603 ; Hartford Bridge Co. 
 v. Union Ferry Co. 29 Conn. 210. It may be granted by Ken 
 tucky without the concurrent assent of Ohio. Id. (Cites Trustees 
 of Newport v. Taylor, 6 J. J. Marsh, 134.) 
 
 A contract is an agreement to do or not to do a particular Define A 
 tiling. (Sturges v. Crowinshield, 4 Wheat. 197 ; Green v. Biddle, contract ? 
 8 Wheat. 92; Ogden v. Saunders, 12 Wheat. 256, 297, 302, 316, 160. 
 335; Gordon v. Prince, 3 Wash. C. C. Rep. 319.) Story s Const. 
 1376. 
 
 This provision has never been understood to embrace other con- To what 
 tracts than those which respect property, or some object of value, ( ^" tr ^ ) t l f 9 
 and confer rights which may be asserted in a court of justice, the iablbl- 
 Dartmouth College v. Woodward, 4 Wh. 629. A private charter tion apply ? 
 is such a contract. Id. 518. So also an act incorporating a bank 
 ing institution. Providence Bank v. Billings, 4 Pet. 514 ; Gordon 
 v. Appeal Tax Court, 3 How. 1 33 ; Planter s Bank v. Sharp, 6 Id. 
 301 ; Curran v. Arkansas, 15 Id. 304. And a grant of land by the 
 legislature of a State. Fletcher v. Peck, 6 Cr. 87 ; Terrett v. Tay 
 lor, 9 Id. 43. And so is a compact between two States. Green v. 
 Biddle, 8 Wh. 1; Allen v. McKean, 1 Sumn. 276. And see 2 
 Pars, on Cont. 509. An appointment to a salaried office, however, 
 is not a contract, within the meaning of the Constitution. Butler 
 v. Pennsylvania, 10 How. 402; Commonwealth v. Mann, 5 W. & 
 S. 418 ; Commonwealth v. Bacon, 6 S. & R. 322 ; Barker v. Pitts 
 burgh, 4 Barr, 49; Jones v. Shaw, 15 Tex. 577. All contracts 
 are subject to the right of eminent domain existing in the several 
 States ; and the exercise of this power does not conflict with the 
 Constitution. West River Bridge Co. v. Dix, 6 How. 507 ; Rundle 
 v. Delaware & Raritan Canal Co., 14 Id. 80 ; Tiie State v. De Les- 
 dernier, 7 Tex. 99. 
 
 It is a compact between two or more persons. (Fletcher v. 160. 
 Peck, 6 Cranch, 136; S. 0. 2 Pet. Cond. 321.) Story s Const. 
 1376. 
 
 A law of a State, issuing transferable swamp land-scrip, and 
 exempting the land from taxation, for ten years or until reclaimed, 
 constituted a contract, between the State and the holders of the 
 land-scrip, issued under the act. McGee v. Mathis, 4 Wallace, 
 15.;>. 
 
 An act of incorporation is a contract between the State and the Is an act of 
 stockholders. All courts, at this day, are estopped from question- [J^ r P ra " 
 ing the doctrine. (Dartmouth College v. Woodward, 4 Wheat. 418.) con tract? 
 The Binghampton Bridge, 3 Wallace, 72. 
 
 Such contracts are construed liberally by the government. The 
 Binghampton Bridge, 3 Wallace. 74. Nothing is to be taken by 
 iutendment againsi the State. The Binghampton Bridge, 3 Wal 
 lace, 75; The Charles River Bridge, 11 Peters, 544; Jefferson Br. 
 Bank v. Skelley, 1 Black. 446. But the State may grant fran 
 chises by reference to another statute on the same subject-matter. 
 
158 
 
 RETROSPECTIVE, 158. [Art. L, Sec. 10, 
 
 "What con 
 tracts are 
 included ? 
 
 155. 
 
 Id. After the grant of such franchises, the restraint is upon the 
 legislature itself. Id. 
 
 The Supreme Court of the United States will determine for 
 itself, irrespective of the State decisions, what is the contract of 
 a State, Jefferson Branch Bank v. Skelley, 1 Black (U. S.) f 442, 
 443. 
 
 It includes executory as well as executed contracts. (Fletcher v. 
 Peck, 6 Cranch, 137; s. 0. 2 Pet. Cond. R. 321, 322.) Story s 
 Const. 1376. Whoever may be the parties to them. (Fletcher v. 
 Peck, 6 Cranch, 87.) Von Hoffman v. City of Quiucy, 4 Wallace, 
 549. 
 
 Because the State is not a single sovereign, but a part of the 
 Union, whose Constitution is supreme and imposes .limits upon the 
 legislatures of the several States. (New Jersey v. Wilson, 7 
 Cranch. 164; Terret v. Taylor, 9 Cranch, 43.) Von Hoffman v. 
 City of Quincy, 4 Wallace, 550. 
 
 Also express and implied contracts The grantor is estopped by 
 both. (Fletcher v. Peck, 6 Cr. R. 137 ; s. C. 2 Cond. R. 321, 322; 
 Dartmouth College v. Woodward, 4 Wheat. R. 657, 658, 688, 689.) 
 1 Story s Const. 1377. 
 
 And assessments upon the stockholders of banks which have 
 gone into liquidation. Commonwealth v. Cochituate Bank, 3 Allen, 
 Mass. 42. 
 
 What of 
 retrospec 
 tive laws? 
 
 671. 
 
 155-15G. 
 
 15. MERELY RETROSPECTIVE. Because a law is merely retro 
 spective, does not bring it within the prohibition. Locke v. New 
 Orleans, 4 Wallace, 173. 
 
 The Constitution does not prohibit the States from passing retro 
 spective laws generally, but only ex post facto laws. Watson v. 
 Mercer, 8 Pet. 110. Retrospective laws, divesting vested rights. 
 are impolitic and unjust; but they are not ex post facto laws within 
 the meaning of the Constitution, nor repugnant to its provisions 
 (Albee v. May, 2 Payne, 74), unless they impair the obligation of a 
 contract. Baltimore & Susquehanua R. R. Co. v. Nesbit, 10 IIo\v. 
 401. Should a statute declare, contrary to the general principles 
 of law, that contracts founded upon an illegal or immoral consider 
 ation, whether in existence at the time of passing the statute, or 
 which might hereafter be entered into, should nevertheless be vaiid 
 and binding upon the parties, all would admit the retrospective 
 character of the enactment ; but it would not be repugnant to the 
 Constitution of the United States. Satterlee v. Mathewson, 2 Pet. 
 412; Curran v. Arkansas, 15 How. 10; Aspi n wall v. The Commis 
 sioners, &c., 22 How. 365; Dartmouth College v. Woodward, 4 
 Wh. 628. For the same inhibitions in the Constitution of Texas, 
 see PaschaPs Annotated Dig. 168, 170. 
 
 The prohibition has no reference to the degree of impairment. 
 The largest and least are alike forbidden. St urges v. CrowinshieU, 
 12 Wheat. 257; Green v. Biddle, 8 Wheat. 84; Von Hoffman v. 
 City of Quincy, 4 Wall. 552 ; Planter s Bank v. Sharp. 6 How. 327 ; 
 Farnsworth v. Reives, 2 Cold well, 111. Its value must not be 
 diminished by legislation. (Planter s Bank v. Sharp, 6 How. 327.) 
 Von Hoffman v. City of Quincy, 4 Wallace, 553. 
 
01. I.] EXEMPTIONS-STAY LAWS, 159, 160. 159 
 
 That is directly, and not incidentally, and only by consequence. 
 Yon Hoffman v. City of Quincy, 4 Wall. 553. 
 
 The States may abolish imprisonment for debt. Beers v. Hough- 
 ton, 9 Peters, 359; Mason v. Haile, 12 Peters, 373; Sturgis v. 
 Crowninshield, 4 Peters, 200.) Von Hoffman v. City of Quincy, 4 
 Wallace, 553. 
 
 159. EXEMPTION S. And the States may exempt from forced How do 
 sale the necessary implements of agriculture, the tools of a me- exemption 
 chanic, and articles of necessity in household furniture the things contracts ? *" 
 which in civilized communities belong to the remedy. Von Hoff- 157-160 
 man v. City of Quincy, 4 Wall. 553. The exact limit between right 
 
 and remedy must be determined in every case upon us own circum 
 stances. Id. If the right be impaired the law is void. (Bronson 
 v. Kinzie, 1 Howard, 311 ; McCracken v. Hay ward, 2 How. 608.) 
 Von Hoffman v. City of Quincy, 4 Wallace, 554. The question 
 between the remedy and the other parts of the contract cannot 
 be considered res inteyra. (1 Kent s Com. 456; Sedg. on Stat. 
 and Const. Law, 652; Mason v. Haile, 12 Wheat. 379.) Id. 
 
 A State may disable itself by contract from exercising its taxing 
 power in particular cases. (New Jersey v. Wilson, 7 Cranch, 166 ; 
 Dodge v. Wcolsey, 18 How. 331 ; Piqua Branch v. Knoop, 16 How. 
 331.) Von Hoffman v. City of Quincy, 4 Wallace, 554. 
 
 The legal obligation of a contract consists in the remedy given In what 
 by law to enforce its performance, or to make compensation for the does tl ?l 
 failure of performance. Johnson v. Higgens, 3 Metcf. (Ky.), 566. [ion cun 
 A law which forbade the rendering of judgments for a given time 
 was constitutional. Id. So, where a State has authorized a muni- 157 
 cipal corporation to contract and tax, to meet its engagements, the 
 power cannot be withdrawn until the contract is satisfied. (People 
 v. Bell, 10 California, 570 ; Dominic v. Sayre, 3 Sand. 555.) Von 
 Hoffman v. City of Quincy, 4 Wallace, 554. It is a trust which 
 neither the State nor corporation can annul. Id. 
 
 160. STAY LAWS. Statutes relating to levies on executions How do 
 may be applicable to levies made before their enactment, as they ? ta y ! avvs 
 affect the remedy and not the right. Grosvcnor v. Chesley, 48 con 
 Maine, 369; Coriell v. Ham, 4 Greene (Iowa). 455 ; Swift v. Flet- 159 
 cher, 6 Minn. 550. 
 
 But redemption laws, as to judgments upon anterior contracts, 
 are unconstitutional. Scobey v. Gibson, 17 Ind. 572; Iglehart v. 
 Wolfin, 20 Ind. 32. 
 
 And the laws for the release and discharge of securities. Swift 
 v. Fletcher, 6 Minn. 550. 
 
 So of laws allowing the debtor to remove without subjecting his 
 property to sale, so far as concerns judgment liens accruing prior 
 to their passage. Tillotson v. Millard, 7 Minn. 513. 
 
 The legislature cannot extend ihe time for redeeming lands sold 
 at tax sales. Robinson v. House, 13 Wis. 341. Nor apply ap 
 praisement laws to anterior contracts. Rosier v. Hale, 10 Iowa 
 
 The Supreme Court of the United States will determine for itself, JJe. 
 inespective of the decision of the State courts, what is a contract strue? 
 
160 
 
 CONTRACTS REMEDY, 161. [Art. I. bee. 10, 
 
 r>Y what within the meaning of the Constitution. Jefferson Branch Bank v. 
 
 fT of r^s S> S kelle 7> * Black t 443. A law authorizing a redemption of property 
 
 be governed so ^ by f rce d sale, impairs the obligation of a contract, and is 
 
 in defining a unconstitutional as to mortgages and contracts of anterior date to 
 
 contract? ^ ne redemption law. Bronson v. Kinzie, 1 How. 311 ; McCracken 
 
 15o,109. y Hayward, 2 How. 612-615; Gantly v. Ewing, 3 How. 71G-7; 
 
 Howard v. Bugbee, 2-4 How. 464-5 ; Bunn v. Gorgus, 41 Penn. 
 
 St. R. 441 ; Weaver v. Mailot, 15 La. 395 ; Billmeyer v. Evans. 40 
 
 Penn. St. R. 324. The legislature of a State has a right to bind 
 
 the State by contract, so as to exempt persons, corporations, arid 
 
 things from taxation. The Richmond R. R. Co. v. The Louisa R. 
 
 R. Co. 13 How. 71 ; Gordon v. The Appeal Tax Court, 3 How. 33; 
 
 New Jersey v. Wilson, 7 Cr. 164; Jefferson Branch Bank v. 
 
 Skelley, 1 Black, 447-8. But the intention to exempt must be clear. 
 
 Id. ; Gilman v. The City of Sheboygan, 2 Black, 513. And the 
 
 privikgia favordbilia will be narrowly construed. Rector, &c. v. 
 
 The County of Philadelphia, 24 How. 302. 
 
 Do lawa 
 which affect 
 the remedy 
 only 
 impair ? 
 
 What of 
 usurious 
 coutr;.ct ? 
 
 Costs? 
 
 161. LAWS WHICH AFFECT THE REMEDY ONLY. Where thero 
 ig no direct constitutional prohibition, a State may pass retrospect 
 ive laws, such as in their operation may affect suits pending, an I 
 give to a party a remedy which he did not previously possess, or 
 modify an existing remedy, or remove an impediment in the way 
 of legal proceedings. (Hepburn v. Cnrts, 7 Watts, 300 ; Shenly v. 
 Commonwealth, 36 Penn. State, 57; Foster v. Essex Bank, 16 
 Mass. 245; Rich v. Flanders, 39 N. If. 325.) Freeborn v. Smith, 
 2 Wall. 175. The legislature may pass private acts authorizing sales 
 by administrators, in a different manner from the general statutes 
 regulating the subject. (Mason v. Wait, 4 Scam. 134.) Florentine 
 v. Barton, 2 Wall. 216-7. Judicial sales of lands to pay the debts 
 of a decedent s estate, are in the nature of a proceeding in rem, 
 and the purchaser need only look to the order of sale. The State 
 court is presumed to have correctly settled every judicial question, 
 including the constitutionality -of the act of assembly. (Grignou 
 v. Astor, 3 How. 319.) Florentine v. Barton, 2 Wall. 216. The 
 inhibition against impairing the obligation of contracts is upon the 
 States not the United States. (Evans v. Eaton, 1 Pet. C. C. Rep. 
 322; Tn the matter of Klein, 1 How. 277; Kunzler v. Kohaus, 5 
 Hill, 325.) Metropolitan Bank v. Van Dyck, 27 N. Y. 453. 
 
 The cases which draw the distinction between tx post facto 
 laws; the laws impairing the obligation of contracts; retrospective 
 laws, and laws which only affect the remedy, will be found fully 
 collected in Paschal s Annotated Digest, notes 61, 157, 168, 410, 
 1107-1109. And for a very learned and exhaustive treatise upon 
 the whole subject, see Story s Const. Book III. ch. XXXIV., 
 1374-1400. 
 
 The States may pass laws validating contracts which were 
 usurious and void when made. Welsh v. Wadsworth, 30 Conn. 
 149. But not to operate unreasonably and unjustly upon antece 
 dent rights. Id. And may change the interest laws relieving 
 from penalties. Wood v. Kennedy, 19 Ind. 68. And the laws of 
 costs as to pending suits. Taylor v. Keeler, 30 Conn. 324. But 
 not the compensation of rights already vested. State v. Auditor, 
 
01.1,2.] INHIBITIONS, 162. 161 
 
 33 Miss. 287. And providing for the validity of marriages. 
 Goshen v. Richman, 4 Allen (Mass.), 458. And changing the 
 presumptions in favor of tax sales. Hickor v. Tallman, 38 Barb. Evidence ? 
 X. Y. 608. And curing irregularities in conveyances, as to the 
 parties and subsequent purchasers ; but not to disturb vested Convey- 
 rights. Thompson v. Morgan, 6 Minn. 292. ances? 
 
 [2.] No State shall, without the consent of the what are 
 
 ~ . . the inhibi- 
 
 Congress, lay any imposts or duties on imports or ex- tions upon 
 
 If, ~ the States 
 
 ports, except what may be absolutely necessary ror without tho 
 
 .... , -. , T consent of 
 
 executing its inspection laws ; and the net produce or congress ? 
 all duties and imposts, laid by any State on imports 
 or exports, shall be for the use of the treasury of the 
 United States ; and all such laws shall be subject to the 
 revision and control of the Congress. [3.] No State 
 shall, without the consent of Congress, lay any duty 
 of tonnage, keep troops or ships-of-war in time of 
 peace, enter into any agreement or compact with 
 another State, or with a foreign power, or engage in 
 war, unless actually invaded, or in such imminent 
 danger as will not admit of delay. 
 
 162. For the definitions of "imposts" and "duties" see 75-TT. 
 notes 75 to 77. For a history of this clause, see journals of the 
 Convention, 222, 227, 275, 301, 303, 318, 377 and 378. 
 
 "AN IMPOST OR DUTY ON IMPORTS," is a custom or tax levied What is a 
 on articles brought into the country. Brown v. Maryland, 12 duty on 
 Wheat. 446, 447. Imports are things^imported the articles them- ini P r1 
 selves which are brought into the country. It is not merely a duty 
 on the act of importation, but it is a duty on the thing imported. 138. 
 It is not confined to a duty levied while the article is entering 274. 
 the country, but extends to a duty levied after it has entered the 
 country. (Brown v. Maryland, 12 Wheat. 419, 446, 447.) Story s 86-89. 
 Const. 1019; see Gibbons v. Ogden, 9 Wheat. 199-201. The 
 power to impose duties on imports is exclusive in Congress. 
 Pervear v. The Commonwealth, 5 Wall. 479. A charge on vessels 
 by the State for the benefit of the master and warders of the port 
 is unconstitutional. The Southern Steamship Company v. The 
 Master, &c. 6 Wall. 
 
 It was really intended to make the vast inter-state commerce as 
 nearly free as possible. The ordinance of the city of Houston 
 requiring wharfage duties of steamboats, does not infringe this 
 provision of the Constitution. Sterrett v. Houston, 14 Tex. 166. 
 
 " EXCLPT WHAT MAY BE ABSOLUTELY NECESSARY." This 18 the Necessary f 
 
 strongest qualification of " necessary " See McCulloch v. Mary 
 land, 4 Wheat. 316 ; Kent s Com. 398-401 ; Story s Const. 1033. 
 
162 
 
 TONNAGE EXECUTIVE, 163, 164. [Art. II., Sec. 1, 
 
 Inspection f 
 
 What is 
 tonnage ? 
 
 Define 
 troops ? 
 
 122, 123. 
 
 Define 
 agreement 
 or compact ? 
 
 152. 
 
 ITS. 
 
 223-225. 
 
 Where Is 
 the execu 
 tive power? 
 
 "INSPECTION." The tax or duty of inspection, is frequently, if 
 not always, paid while the article is in the bosom of the country. 
 Brown v. Maryland, 12 Wheat. 420. 
 
 The exception was made because the tax would otherwise have 
 been within the prohibition. Id. See the subject discussed. Id. 
 
 The State has no right to tax the goods imported, in the hands 
 of the importer. Id. This language means the same thing as the 
 inhibition on the United States against laying a tax on articles 
 exported from any State. Id. Story s Const. 1030. Upon the 
 same principles, or their analogies, it was held that the State of 
 Maryland had not the constitutional right to tax the branch of the 
 United States bank located in Maryland. McCulloch v. Maryland, 
 1 Wheat. 316; Kent s Com. 398, 401 ; Story s Const. 103:5-1053. 
 The sale of liquors within a State is subject exclusively to State 
 control. (License cases, 5 Wall. 462.) Pervear v. The Common 
 wealth, 5 Wall. 479. 
 
 163. u LAY ANY DUTY OF TONNAGE. &c." This form of expres 
 sion occurs nowhere else in the Constitution. TONNAGE [tonnayium] 
 is a custom or impost upon wines or other merchandise exported 
 or imported, according to a certain rate per ton. (Spelman ; 
 Cowell.) Burrill s Law Die. : A duty or impost upon ships esti 
 mated per ton. Webster s Die., TONNAGE. 
 
 164. "KEEP TROOPS OR SIIIPS-OF-WAR IN TIME OF PEACE." 
 This means organized troops, or armies, and a navy ; because these 
 are national powers. See Articles of Confederation, ante, p. 12, 
 Art. VI. ; Story s Const. 1401-1409. In certain emergencies, 
 States may raise troops to repel invasions or suppress insurrections. 
 Story s Const. 1404. Luther v. Borden, 7 How. 1. 
 
 " AGREEMENT OR COMPACT," properly applies to such as regarded 
 what might be deemed mere private rights of sovereignty, suck 
 as boundaries, land, and other internal regulations lor the mutual 
 comfort and convenience of States bordering on each other. Story s 
 Const. 1403. These words are used in their broadest sense; they 
 were intended to cut off all negotiation and intercourse between the 
 State authorities and foreign nations. Holmes v. Jennison, 14 Pet. 
 572, 574. And, therefore, no State can, without the consent of 
 Congress, enter into any agreement or compact, to deliver up fugi 
 tives from justice from a foreign State, who may be found within 
 its limits. Id.; 3 Opin. 661. This prohibition is political in its 
 character, and has no reference to a mere matter of contract, or to 
 the grant of a franchise which in nowise conflicts with the powers 
 delegated to the general government by the States. Union Branch 
 E. R. Co. v. East Tennessee & Georgia R. R. Co. 14 G-a. 327. A. 
 compact entered into between two States, with the assent of Con 
 gress, is binding on those States and the citizens of each. Fleeter 
 v. Pool, 1 McLean, 185. See Story s Const. 1403; 1 Tucker s 
 Black. Com. Apo. 301. 
 
 ARTICLE II. 
 
 SEC. I. [l.J The executive power shall be vested 
 in a President of the United States of America. He 
 shall hold his office during the term of four years, and 
 
01. 1.] 
 
 PKESIDE]NTS, 165, 166. 
 
 163 
 
 together with the Vice-President, chosen for the same The term 
 
 , , T ., ,, of office? 
 
 term, be elected as follows. 
 
 165. THE EXECUTIVE POWER. The object of this department is What is the 
 to insure the execution of the laws. 1 Kent s Com. 285. With ob J ect ? 
 energy in the executive and safety to the people. Story s Const. 
 
 1417. The ingredients for energy, are unity, duration, adequate 
 provisions for its support ; and, for safety, a due dependence on 
 the people, and a due responsibility to the people. (Federalist, No. 
 70; 1 Kent s Com. Lect. 13, pp. 253, 254.) Story s Const. 1418. 
 
 The powers of the President are not executive only. The veto Define the 
 power and the appointing power are not strictly executive powers ; executive 
 no more so than when exercised by Congress or the States. Bates p(m 
 on Habeas Corpus, 5th July, 1861. He is a civil magistrate, to 67, 199. 
 whom ail military officers are subordinate. Id. In calling out the 
 militia to see the laws faithfully executed, he acts as a civil 
 magistrate upon the same principle that a court calls out the 
 posse. Id. In times of great danger, when the very existence of 
 the nation is assailed, the President may order military arrests. Id. 
 
 We must not forget that this power of appointment to office is 179. 
 essentially an executive function. It belongs essentially to the 174. 
 executive department rather than to the legislative or judicial. If 
 no provision on the subject had been made by the Constitution, it 
 would have been held appurtenant to the President as the head of 
 the executive department specially charged with the execution of 
 the laws. Stanbery on the executive power. See Confederation, 
 ante Article VI. p. 14; 2 Elliot s Debates, 358; Federalist, Nos. 
 67, 70, 1 Kent s Com. 271-303; Journal of Convention, 68, 89, 
 96, 136, 211, 222, 324, 332, 333; 2 Pitk. s Hist. 252; 2 Curtis 
 Hist, of Const, ch. III., pp. 56-60; Story s Const, ch. XXXVL, 
 1440-1448, and voluminous notes of the 3d edition. 
 
 A proposition was made in the Convention for an executive 
 with a plurality of persons. Journal of Convention, 124. Mr. 
 Calhoun advocated a dual executive at a later day. See Cal- 
 houn s Essay on the Const. ; Story s Const. 1426-1429. 
 
 166. The following is the list of Presidents who have been Who have 
 
 chosen under this Constitution : 
 
 
 been the 
 
 NAME. NATIVITY. RISIDENC3. 
 
 SKEVICZ. 
 
 presidents f 
 
 George Washington. 
 
 Virginia. 
 
 Virginia. 
 
 4 March, 
 
 1789, 
 
 4 March, 
 
 1793. When and 
 
 George Washington. 
 John Adams. 
 
 Massachusetts. 
 
 Massachusetts). 
 
 tt ti 
 
 1793, 
 1797, 
 
 <"< 
 
 1797. how long? 
 
 Thomas Jefl ergon. 
 Thomas Jefferson. 
 
 Virginia. 
 
 Virginia. 
 
 u " 
 
 1801, 
 1805, 
 
 " " 
 
 180o! 
 1809. 
 
 James Madison. 
 
 *< 
 
 (t 
 
 it it 
 
 1809, 
 
 ft tt 
 
 1813. 
 
 James Mi.dison. 
 
 * 
 
 ( 
 
 it tl 
 
 1813 
 
 tl tt 
 
 1817. 
 
 James Monroe. 
 
 It 
 
 M 
 
 It 
 
 1817, 
 
 tt tt 
 
 1*21. 
 
 James Monroe. 
 
 *< 
 
 
 
 tt 11 
 
 1821, 
 
 tt tt 
 
 I8v;5. 
 
 John Quincv Adams. 
 
 Massachusetts. 
 
 Massachusetts. 
 
 It it 
 
 18i5, 
 
 tl tt 
 
 1829. 
 
 Andrew Jackson. 
 
 Stuth Carolina. 
 
 Tennessee. 
 
 tl tt 
 
 182S, 
 
 tt f( 
 
 1833. 
 
 Andrew Jackson. 
 
 tt it 
 
 
 
 tl t( 
 
 133, 
 
 tt tl 
 
 1837. 
 
 Martin Van Huren. 
 
 New York. 
 
 New York. 
 
 tt tt 
 
 1837. 
 
 tl tl 
 
 1841. 
 
 William H. Harrison. 
 
 Virginia. 
 
 Ohio. 
 
 tt ft 
 
 1841, 
 
 4 April, 
 
 1841. 
 
 John Tyler. 
 
 
 Virginia. 
 
 6 April, 
 
 1841, 
 
 4 March, 
 
 1845. 
 
 James iv. Polk. 
 Zacharv Taylor. 
 
 North Carolina. 
 Virginia. 
 
 Luu giana. 
 
 it it 
 
 isw 
 
 9 July, 
 
 ifcoo! 
 
 Mil lard Fil more. 
 
 New York. 
 
 New York. 
 
 10 Julv, 
 
 IS**, 
 
 4 March, 
 
 1853. 
 
 Franklin Pierce. 
 
 New Hampshire. 
 
 New Hampshire. 
 
 4 March, 
 
 1863, 
 
 it tt 
 
 1857. 
 
 James Buchanan. 
 
 Pennsylvania 
 
 Pennsylvania. 
 
 a tt 
 
 1357 j 
 
 tt 
 
 1861. 
 
 Abraham Lincoln. 
 
 Kentucky. 
 
 Illi nois. 
 
 tt tt 
 
 1*81, 
 
 tt tt 
 
 1865. 
 
 Abraham Lincoln. 
 
 
 ** 
 
 tt tt 
 
 18K5, 
 
 14 Apiil. 
 
 1865. 
 
 Andrew Johnson. 
 
 North Carolina. 
 
 Teuneaaefi. 
 
 15 April, 
 
 1865, 
 
 
 
164 
 
 ELECTORS, 167. [Art. IL, Amdt. XII., Sec. 1, 
 
 ow are 
 
 doctors 
 
 [2.] Each State shall appoint, in such manner as the 
 appointed? legislature thereof may direct, a number of electors 
 equal to the whole number of senators and repre 
 sentatives to which the State may be entitled in the 
 Congress ; but no senator or representative, or person 
 holding an office of trust or profit under the United 
 States, shall be appointed an elector. 
 
 
 Define 
 electors ? 
 
 16-17. 
 
 167. "ELECTORS," as here used, mean the persons chosen to 
 cast the votes in the first instance for President and Vice-Presi- 
 dent. All the legislatures have, long since, directed that they shall 
 be " appointed," that is, chosen by the people, except South Caro 
 lina, which appointed by the legislature. See Story s Const. 
 1472; 3 Elliot s Debates, 100, 101. 
 
 Thus the " electors " for members of Congress, indirectly choose 
 the " electors " for President, Vice-President, and Senators. 
 
 But the House of ^Representatives in one contingency, and the 
 Senate in another, may choose the President. Therefore, however 
 chosen, it results that the President is, indirectly, chosen by the 
 same electors who choose the popular branch of the State legisla 
 ture. 
 
 As there are now thirty-seven States, the senators represent 
 74 electoral votes ; add to these 243 representatives, and the elec 
 toral vote of 1868 will be 317 ; necessary to a choice 159. That is 
 if no new State be added by the second session of the fortieth 
 to a choice ? Congress ; and if all the non-reconstructed States be allowed to vote. 
 The number of electoral votes to which Virginia, Xorth and South 
 Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana. Arkan 
 sas and Texas, would be entitled, under the apportionment are 70. 
 
 The question as to whether these States shall vote, and who shall 
 choose the erectors, is now one of the exciting issues of the day. 
 See Story s Const. 1454-1488. 
 
 The attempted independence of the electors has failed. Story s 
 Const. 1463; Eawle s Const, ch. 5, p. 58. 
 
 [ARTICLE XII. AMENDMENT.] 
 
 How many 
 electors? 
 
 Necessary 
 
 46. 
 175-1S5. 
 
 [1], The electors shall meet in their respective 
 States, and vote by ballot for President and Vice-Presi- 
 dent, one of whom, at least, shall not be an inhabitant 
 of the same State with themselves ; they shall name in 
 their ballots the person voted for as President, and in 
 distinct ballots the person voted for as Vice-President ; 
 HOW are the and they shall make distinct lists of all persons voted 
 for as President, and of all persons voted for as Vice- 
 President, and the number of votes for each, which 
 
 How is the 
 President 
 elected ? 
 
 167. 
 
 votes certi- 
 
01. 1, 2.] ELECTOES, 168. 165 
 
 list they shall sign and certify, and transmit sealed to 
 the seat of the government of the United States, 
 directed to the President of the Senate ; the Presi 
 dent of the Senate shall, in the presence of the Senate 
 and House of Representatives, open all the certificates, And 
 and the votes shall then be counted ; the person hav 
 ing the greatest number of votes for President shall 
 be the President, if such number be a majority of the 
 whole number of electors appointed ; and if no person 
 have such majority, then from the persons having the if no 
 highest numbers, not exceeding three, on the list of 
 those voted for as President, the House of Representa 
 tives shall choose immediately by ballot the President. 
 But in choosing the President, the votes shall be taken HOW do the 
 by States, the representation from each State having 
 one vote ; a quorum for this purpose shall consist of a 
 member or members from two-thirds of the States, and 
 a majority of all the States shall be necessary to a 
 choice. And if the House of Representatives shall if the 
 not choose a President, whenever the right of choice refuse to 
 shall devolve upon them, before the fourth day of 
 March next following, then the Yice-President shall 1T2. 
 act as President, as in the case of the death or other 
 constitutional disability of the President. 
 
 16. The original read as follows : 
 
 " [3.] The electors shall meet in their respective States, and vote What -was 
 by ballot for two persons, of whom one at least shall not be an in- the repealed 
 habitant of the same State with themselves. And they shall 66( 
 make a list of all the persons voted for, and of the number of 
 votes for each ; which list they shall sign and certify, and trans 
 mit sealed to the seat of the government of the United States, 
 directed to the President of the Senate. The President of the 
 Senate shall, in the presence of the Senate and House of Repre 
 sentatives, open all the certificates, and the votes shall then be 
 counted. The person having the greatest number of votes shall be 
 the President, if such number be a majority of the whole number 
 of electors appointed ; and if there be more than one who have 
 such majority, and have an equal number of votes, then the House 
 of Representatives shall immediately choose by ballot one of them 
 for President ; and if no person have a majority, then from the five 
 highest on the list the said House shall in like manner choose the 
 
166 YICE-P., 1680, 1685. [Amdt. Art. XII., Art. II., Sec. 1, 
 
 "When 
 do the 
 electors 
 meet and 
 Tote? 
 
 President. But in choosing the President, the votes shall be 
 taken by States, the representation from each State having one 
 vote; a quorum for this purpose shall consist of a member or 
 members from two-thirds of the States, and a majority of all the 
 States shall be necessary to a choice. In every case, after the 
 choice of the President, the person having the greatest number of 
 votes of the electors shall be the Vice-President. But if there 
 should remain two or more who have equal votes, the Senate 
 shall choose from them by ballot the Vice-President." 
 
 The electors shall meet on the first Wednesday in December, by 
 act 1st March, 1792. 1 Stat. 239. Before the first Wednesday 
 in January, by the same act. On the second Wednesday in Feb 
 ruary, by the same act. In the election of 1864, the votes of 
 Louisiana, Arkansas, and Tennessee for President were given, but 
 not counted. Virginia, North Carolina, South Carolina, Georgia, 
 Florida, Alabama, Mississippi, and Texas, did not vote in this 
 election. On a motion to discharge a defendant arrested upon a 
 capias ad respondendum, by a marshal appointed by the President 
 de facto, of the United States, the court will not decide the question 
 whether he has been duly elected to that office. Peyton v. Brent, 
 3 Cr. C. C. 424. 
 
 If ever the tranquillity of this nation is to be disturbed and its 
 liberties endangered by a struggle for power it will be upon the 
 subject of the choice of a President. 1 Kent s Com. 274. 
 
 If there be four candidates and two of them have an equal num 
 ber of votes, tho Constitution makes no provision. Story s Const. 
 1471. 
 
 if the [3.] The person having the greatest number of 
 
 not c cho 9 ose votes as Vice-President shall be the Vice-President, if 
 President? such number be a majority of the whole number of 
 electors appointed ; and if no person have a majority, 
 12th Amend, then from the two highest numbers on the list the 
 Senate shall choose the Vice-President : a quorum for 
 the purpose shall consist of two-thirds of the whole 
 number of Senators, and a majority of the whole num 
 ber shall be necessary to a choice. 
 
 168a. There has, thus far, been no necessity for the Senate to 
 exercise this power. For a list of Vice-Presidents see note 17. 
 
 What are 
 the quulift- 
 
 dent? 
 
 12th Amend. 
 
 [3.] But no person constitutionally ineligible to the 
 office of President shall be eligible to that of Vice- 
 President, of the United States. 
 
 1686, For commentaries on this amendment see 1 Kent s 
 Com. 260, 262; Ilawle on the Const, ch. 5, pp. 54, 55; Story s 
 Const. 1468-1473. 
 
01.2-4.] PKESIDENT, 168?, 169. 167 
 
 [3.] The Congress may determine the time of choos-wimt is the 
 ing the electors, and the day on which they shall give KniiVss 
 their votes; which day shall be the same throughout J^e of 6 
 the United States. 
 
 16c. On the Tuesday next after the first Monday in Novem- When to be 
 ber; by act 23d January, 1845. 5 Stat. 721. h 1(i ? 
 
 On the first Wednesday in December; by act 1st March, 1792. 
 \ Stat. 239. All the States now choose the electors by the people. 
 See Story s Const. 1475, 1476. 
 
 [4.] No person except a natural born citizen, or a what are 
 citizen of the United States at the time of the adoption cation* fur" 
 of this Constitution, shall be eligible to the office of Pl 
 President; neither shall any person be eligible to that 18,19,35. 
 office who shall not have attained to the age of thirty- 220-222. 
 five years, and been fourteen years a resident within 
 the United States. 
 
 169. " A NATURAL BORN CITIZEN." Not made by law or other- Who are 
 wise, but born. And this class is the large majority; in fact the eligible? 
 mass of our citizens ; all others are exceptions specially provided 
 for by law. As they become citizens, by birth, so they remain 
 citizens during their natural lives, unless, by their own voluntary 274. 
 act, they expatriate themselves and become citizens or subjects of 
 another nation. For we have no law (as the French have) to 
 decitizenize a citizen who has become such either by the natural 
 process of birth or the legal process of adoption. Attorney- 
 General Bates on Citizenship, 29th November, 1862, p. 8. 
 
 The Constitution does not make the citizens (it is, in fact, made Does the 
 by them). It only intends and recognizes such of them as are Jj 
 natural, home-born, and provides for the naturalization of such of e 
 them as are alien, foreign-born, making the latter, as far as nature 
 will allow, like the former. Id. "VVe have no middle class or 93. 
 denizens. (1 Sharswood a Bl. Com. 374.) Id. 9. But Attorney- 
 General Legare thought there might be. (4 Opin. 147.) Id. The 
 example of a Roman citizen and St. Paul s case and claim thereto 
 cited. Id. Paul s is a leading case of the "Jus Romanum;" it is 
 analagous to our own ; it establishes the great pro/tctive rights of 
 the citizen, but, like our own national Constitution, it is silent 279. 
 about his powers. Id. 1 2. 
 
 NATURAL BORN CITIZEN" recognizes and reaffirms the universal Define 
 principle common to all nations, and as old as political society, that natural 
 the people born in a country do constitute the nation, and, as itidi- 220 
 viduals, are natural members of the body politic. Bates on Citizen 
 ship, p. 12. 
 
 Every person born in the country is, at the moment of birth, 
 prima facie a citizen. Id. . 
 
 Nativity furnishes the rule, both of duty and of right, as between ^ff^ 
 the individual and the government. ( 2 Kent s Com. Part 4, Lect. imply? 
 
168 
 
 PRESIDENT, 170. 
 
 [Art. II., Sec. 1, 
 
 25; 1 Bl. Com. ch. 10, p. 305; 7 Coke s Rep. and (Calvin s Case, 11 
 State Trialn, 70) Doe v. Jones, 4 Term. 300 ; Shanks v. Dupont, 3 Pet. 
 246 ; Horace Binney, 2 Am. Law Reporter, 193.) Bates on Citizen 
 ship, p. 12. 
 
 Who be- 
 sides nam- 
 
 220. 
 
 274 
 
 85, 19. 
 
 220. 
 
 46. 
 
 252-263. 
 
 How is the 
 
 Constitu- 
 
 interpreted 
 
 17O. "OK A CITIZEN OP THE UNITED STATES AT THE TIME OF 
 THE ADOPTION OF THIS CONSTITUTION." The declaration of inde- 
 penderice of 1776, invested all those persons with the privilege 
 of citizenship who resided in the country at the time, and who 
 adhered to the interests of the colonies. (Ingliss v. The Sailors 
 Snug Harbor, 3 Pet. 99, 121.) United States v. Ritchie. 17 How. 
 540 ; Paschal s Annotated Digest, note 350, p. 209. 
 
 There can be few of the class of the foreign born, such as Alex 
 ander Hamilton, who are now surviving, who are eligible to the 
 presidency. Considering the ages of all such, no person of foreign 
 birth can now ever be President of the United States under this 
 Constitution. (See Story s Const. 1479 ; Journals of Convention, 
 2G7, 325, 361.) Still, in this case, as in the qualifications of sen- 
 ators and representatives in Congress, the question is not so 
 clear as to who are "natural born citizens of the United States." 
 Are the ante-nati of the Republic of Texas, for example, "natural 
 born citizens of the United States? 1 They were born upon what 
 is now soil of the United States ; but they were not " citizens at 
 the moment of their births." About the post nati there can be no 
 doubt ; but, according to the principles of Calvin s case, which was 
 so learnedly and quaintly discussed, none of the ante-nati of our 
 acquired territories have now the full status of citizenship ; and 
 certainly they are no other than adopted or naturalized citizens, in 
 contradistinction to "natural born citizens." See Calvin s Case, 11 
 State Trials, 70 et seq. 
 
 And here, again, the language of this clause has to be con 
 strued in connection with other clauses and the general under- 
 standing of mankind. For there is nothing in this clause to indi 
 cate sex unless it be the word " PRESIDENT." Our advocates for 
 equal " Woman s Rigliis" might consider this a very narrow defi 
 nition ; and they might even urge that the pronoun " he," in other 
 clauses, does not protect woman from the severest criminal statutes ; 
 nor would it deprive woman of the guaranties accorded to " him " 
 and " himself," standing for the antecedent of "person" in the Yth 
 and YIth amendments. 
 
 The claims of males to be alone entitled to be " Senators " and 
 " Representatives" is believed to rest alone upon the masculinity of 
 ? ^ )e wor( lj the single " he" and the common sense and under- 
 standing of men. These remarks are not made in any speculative 
 or hypercritical spirit, but to impress upon the reader the necessity 
 of applying the same common-sense tests to this Constitution as to 
 all other instruments. That is, not to construe it alone by the very 
 technicalities of the words in a single member of a sentence ; but 
 to apply to it the same rules of interpretation which we apply to 
 all other instruments, laws, and statutes. That is to construe it by 
 its language, nature, reason, and spirit, objects and intention, and 
 the interpretations of contemporaneous history, having an eye to 
 
Cl. 4, 5.] PRESIDENT, 171, 172. 169 
 
 the old law, the mischief and the remedy. See Story s Const, 
 chapters three, four, and five, and voluminous references. 
 
 171. ""WHO SHALL NOT HAVE ATTAINED THE AGE OF THIRTY What does 
 
 YEARS." This is a limitation upon the people themselves. If all tlie as fix ? 
 of the nation speak with one united voice, they cannot constitution 
 ally make any man President who happens to be under thirty- 
 five. Bates on Citizenship, p. ] 8. 
 
 "FOURTEEN YEARS RESIDENCE." By "residence" is to be under 
 stood, not an absolute inhabitancy within the United States during 
 the whole period; but such an inhabitancy as includes a per 
 manent domicile in the United States. Story s Const. 1479. 
 
 [5.] In case of the removal of the President from if there bo a 
 office, or of his death, resignation, or inability to dis- the a prei- n 
 charge the powers and duties of the said office, the thSe^ 
 same shall devolve on the Vice-President, and theplSent? 
 Congress may by law provide for the case of removal, 86. 
 death, resignation, or inability, both of the President 
 and Vice-President, declaring what officer shall then 
 act as President, and such officer shall act accordingly 
 until the disability be removed, or a President shall be 
 elected. 
 
 172. The following is the act of Congress for filling vacancies : Act of 
 
 " Sec. 8. In case of removal, death, resignation, or inability both *^ cl l \. 
 of the President and Vice-President of the United States, the 239 
 President of the Senate pro tempore, arid in case there shall be no 38, 26. 
 President of the Senate, then the Speaker of the House of Repre- if in the 
 sentatives, for the time being, shall act as President of the Vice-Presi- 
 United States until the disability be removed or a President shall dency ? 
 be elected. 
 
 " 9. Whenever the offices of the President and Vice-President When shall 
 shall both become vacant, the Secretary of State shall forthwith there be a 
 cause a notification thereof to be made to the executive of every 
 State, and shall also cause the same to be published in at least one 
 of the newspapers printed in each State, specifying that electors 
 of the President of the United States shall be appointed or chosen 
 in the several States within thirty-four days preceding the first 
 Wednesday in December then next ensuing : Provided, there shall 
 be the space of two months between the date of such notification 
 and the said first Wednesday in December ; and if the term for 
 which the President and Vice-President last in office were elected, 
 shall not expire on the third day of March next ensuing, then the 
 Secretary of State shall specify in the notification that the electors 
 shall be appointed or chosen within thirty-four days preceding the 
 first Wednesday in December in the year next ensuing ; within 
 which time the electors shall accordingly be appointed or chosen, 
 and the electors shall meet and give their votes on the said first 
 8 
 
170 PRESIDENT, 172, 173, 174, [Art. II., Sec. 1, 2, 
 
 "Wednesday in December, and the proceedings and duties of the 
 said electors and others shall be pursuant to the directions pre 
 scribed in this act." Act of 1 March, 1792, 8, 9. 1 Stat. 239. 
 Suppose Brightly s Dig. 253, 254. The Constitution does not provide for 
 election? a vacanc J m case f non-election. Therefore, the constitutionality 
 of some parts of this act has been doubted. Story s Const. 1480- 
 1484 ; Rawle s Const, ch. 5, p. 57 ; 1 Tucker s Black. App. 320 ; 
 2 Elliot s Debates, 359, 360. 
 
 What Vice- WILLIAM HENRY HARRISON haying died on the 4th day of April, 
 
 Presidents 1841> J OHN TYLER took the oath of office as President, on the 6th 
 
 comt Presi- da 7 of A P ril > 1841 5 ZACHARY TAYLOR died on the 9th day of July, 
 
 dents? 1850, and the next day MILLARD FILLMORE took the presidential 
 
 oath; ABRAHAM LINCOLN was assassinated by John Wilkes Booth, 
 
 on the 14th day of April, 1865, and, on the 15th, ANDREW JOHNSON 
 
 was inaugurated President. 
 
 What of the [6.] The President shall, at stated times, receive 
 compcnaa- for his services a compensation, which shall neither be 
 increased nor diminished during the period for which 
 he shall have been elected, and he shall not receive 
 within that period any other emolument from the 
 United States or any of them. 
 
 What is the 173. The President s salary was fixed at twenty-five thousand 
 amount? dollars per annum, by the act of 18th Feb., 1793. 1 St. 318, Bright 
 ly s Digest 818. 
 
 The government provides and furnishes a mansion for his use. 
 For the wisdom of this independence in regard to salary, see 1 
 Kent s Com. 263 ; Federalist, No. 73 ; Story s Const 1486. 
 
 [7.] Before he enter on the execution of his office, 
 he shall take the following oath or affirmation : 
 What is the "I do solemnly swear (or affirm), that I will faith- 
 oath?" 1 S fully execute the office of President of the United 
 242 States, and will, to the best of my ability, preserve, 
 protect, and defend the Constitution of the United 
 States." 
 
 174. The President is the only officer required to take this 
 oath. Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 408. 
 
 This oath embraces all the laws, Constitution, treaties, and stat 
 utes. And it constitutes the President, above all other officers, 
 the guardian, protector, and defender of the Constitution. Bates 
 on Habeas Corpus, 5th July, 1861. See Staubery on vacancies. 
 The acts of 1795 and 1807, came in aid of these duties. Id. 
 
 What docs "FAITHFULLY TO EXECUTE THE OFFICE OF PRESIDENT." This 
 
 Steoato embraces the general office of the executive, and also the official 
 embrace ? powers not in their nature executive, such as the veto power ; the 
 
01. 6, T, 1.] PRESIDENT, 175. 171 
 
 treaty-making power ; the appointing power, and the pardoning 165. 
 power. Bates on Habeas Corpus, 5th July, 1861. 
 
 SEC. II. [1.] The President shall be commander-in- what 
 chief of the army and navy of the United States, and President s 
 of the militia of the several States, when called i 
 
 the actual service of the United States; he may 130. 
 require the opinion, in writing, of the principal officer 
 in each of the executive departments, upon any sub 
 ject relating to the duties of their respective offices, 177. 
 and he shall have power to grant reprieves and par- 40, 191. 
 dons for offenses against the United States, except in 
 cases of impeachment. 194. 
 
 175. " COMMANDER-IN-CHIEF." This was to give the exercise Why com- 
 of power by a single hand. See 1 Kent s Com. Lect. 13, p. 283 ; 3 mander? 
 Elliot s Debates, 103; Story s Const. 1491, 1492; Rawle s Const. 
 ch. 20, p. 193. The power may be delegated. Id. 5 Marshall s 
 Life of Washington, ch. 8, pp. 583, 584, 588. 
 
 The President is not obliged to take, personally, the command of Must he 
 the militia, when called into the service of the general government, c<jm man<l in 
 but he may place them under the command of officers of the army 
 of the United States, to whom, in his absence, he may delegate the 
 powers vested in him by the Constitution. Any officer of the army 
 may, therefore, be required, by orders emanating from the Presi 
 dent, to perform the appropriate duties of his station in the militia, 
 when in the service of the United States, whenever the public 
 interest shall so require. But this power must be exercised in 
 strict accordance with the right of appointment of militia officers, 
 which is expressly reserved to the States. 2 Opin. 711-12. See 
 2 Story s Const. 1-490-2. As commander-in-chief, the President 
 has the right to decide what officer shall perform any particular 165. 
 duty, and, as supreme executive magistrate, he has the power of 
 appointment. Congress could not take away this power. 9 Op. 
 468, 518. But this power is to be used only in the manner pre 
 scribed by the legislative department. 9 Op. 518. 
 
 The President has unquestioned power to establish rules for the What rules 
 government of the army, and the Secretary of War is his regular p^ 5 ^ t 
 organ to administer the military establishment of the nation, and establish? 
 rules and orders promulgated through him must be received as 
 the acts of the executive, and, as such, are binding on all within 129 134 
 the sphere of his authority. (United States v. Eliason, 16 Pet. 
 291.) But this power is limited, and does not extend to the repeal 
 or contradiction of existing statutes, nor to the making of provi 
 sions of a legislative nature. (6 Opin. 10.) Bates, 18th April, 
 1861. 
 
 But the powers of the President over the militia, only com 
 mence when those of the governors cease; that is, when the 
 
172 PRESIDENT PARDONS, 176, 177. [Art. II., Sec. 2, 
 
 What of 
 opinions in 
 writing ? 
 
 militia are called into the actual service of the United States. Id. 
 The President cannot establish a bureau of militia. Id. 
 
 176. " OPINIONS IN WRITING." This practice commenced with 
 the administration of President "Washington. The depository of 
 such opinions has generally been in the State department. The 
 attorney-general frequently gives opinions to the President, as the 
 law officer of the government, which are published in the current 
 
 "What arc The " DEPARTMENTS " are now called the State, the Treasury, 
 the Depart- t h e War, the Navy, the Post-office, the Attorney-General s, and the 
 whoaVthe Interior departments. The heads of these are known as the Pre.si- 
 cabinet? dent s advisers or cabinet officers. Their respective duties are de 
 fined by statutes, which will be found collected under appropriate 
 heads in Mr. Brightly s Digest. 
 
 The opinions are more frequently given in secret cabinet councils. 
 But Mr. Jefferson thought the separate opinions in writing more con 
 sistent with the Constitution. (4 Jeff. s Corresp. 143, 144.) Story s 
 Const. 1493, note 3. Upon the reconstruction laws, President 
 Johnson took the opinions in council; and he seems to have 
 authorized their publication. 
 
 Define re 
 prieves ? 
 
 Define 
 pardon ? 
 
 "When may 
 the Presi 
 dent 
 pardon ? 
 
 177. " REPRIEVES." The withdrawing of a sentence of death 
 for an interval of time, whereby the execution is suspended. 4 Bl. 
 Com. 394; Burrill s Law Die., REPRIEVE; Ex par to Wells, 18 How. 
 307, 315 ; Story s Const. 3d Ed. p. 305, 1505. The power is 
 not to pardon, but to grant reprieves and pardons. Ex parti 
 Wells. 18 How. 316. 
 
 "AND PARDONS." In common parlance, forgiveness, release, 
 remission. Ex parts, Wells, 18 How. 307. In law every pardon has 
 its particular denomination. They are general, special or particular, 
 conditional or absolute, statutory, not necessary in some cases, and 
 in some grantable of course. Id. 
 
 Here it is meant, that the power is to be used according to law ; 
 that is, as it had been used in England, and these States when 
 they were colonies. Id. That is, according to the principles 
 of the English common law, at the time of the adoption of this 
 Constitution. (United States v. Wilson, 7 Pet. 162.) Ex parte 
 Wells, 18 How. 309. Hence, when the words "to grant pardons" 
 were used in the Constitution, they conveyed to the mind the 
 authority as exercised by the English crown, or by its represen 
 tatives in the colonies. Id. ; Cathcart v. Robinson, 5 Pet. 264, 
 280; Flavel s Case, 8 Watts and Sergeant, 197. 
 
 A pardon is said by Lord Coke to be a work of mercy, " whereby 
 the king, cither before attainder, sentence, or conviction, or after, 
 forgiveth any crime, offense, punishment, execution, right, title, 
 debt, or duty, temporal or ecclesiastical." (3 Inst. 233.) Ex parte 
 Wells, 18 How. 311, 312. The whole subject discussed. Id. 
 
 He may paidon as well before trial and conviction as afterward. 
 6 Opin. 20. (See the proclamations of amnesty in relation to the 
 rebellion.) And after the expiration of the imprisonment which 
 forms a part of the sentence. Stetler s Case, Phila. R. 302. He 
 may grant a conditional pardon ; Ex parte Wells, 18 How. 307; 1 
 
01. l.] PAKDONS, 177, 173 
 
 Opin. 341 ; provided the condition be compatible with the genius 
 of our Constitution and laws. Id. 482. Where the condition is 
 such that the government has no power to carry it into effect, the 
 pardon will be in effect unconditional. 5 Id. 368. See Flavell s 
 Case, 8 W. & S. 197; United States v. Wilson, 7 Pet. 161 ; People In what 
 v. Potter, 1 Parker C. R. 47. The pardoning power includes that cases? 
 of remitting fines, penalties, and forfeitures, under the revenue 
 laws; 2 Pet. 329; the laws prohibiting the slave-trade ; 4 Id. 573 ; 
 fines imposed on defaulting jurors, 3 Id. 317; 4 Id. 458 ; for a 
 contempt of court; 3 Id. 622; and in criminal cases; Id. 418; 
 even treason, amnesty proclamations, and warrants. And the 
 same power is possessed over a judgment, after security for its 
 payment shall have been given, as before. Id. But the President 
 has no power to remit the forfeiture of a bail-bond. 4 Id. 144. 
 Nor, it seems, can he, by a pardon, defeat a legal interest or right 
 which has become vested in a private citizen ; as, for example, the 
 vested right of an officer making a seizure. United States v. 
 Lancaster. 4 Wash. C. C. 64; 4 Opin. 376; 6 Id. 615; and see 5 
 Id. 532, 579. The grant of the pardoning power neither requires 
 nor authorizes the President to re-examine the case upon new facts; 
 nor to grant a pardon upon the assumption of the new facts alleged. 
 1 Opin. 359. A pardon is a private though official act; it must be Must the 
 delivered to and accepted by the criminal, and cannot be noticed by pardon be 
 the court, unless brought before it judicially by plea, motion, or accep ec 
 otherwise. United States v. Wilson, 7 Pet. 150. The President 
 alone can pardon offenses committed in a territory in violation of 231 
 acts of Congress 7 Opin. 761. He has power to order a nolle 232 - 
 prosequi in any stage of a criminal proceeding, in the name of the 
 United States. 5 Id. 729. He pardoned the rebels upon their 
 taking the oath of amnesty, with certain exceptions, by general 
 proclamation. The warrants issued to those within special excep 
 tions were all conditional. 
 
 The power to pardon is unlimited, with the exceptions stated, what is the 
 It extends to every offense known to the law, and maybe exercised extent of the 
 at anytime after its commission, either before legal proceedings I )OWCr? 
 are taken, or during their pendency, or after conviction and judg 
 ment. This power of the President is not subject to legislative 
 control. 
 
 Congress can neither limit the effect of his pardon, nor exclude Can Con- 
 from its exercise any class of offenders. The benign prerogative of ^ ss liluit 
 mercy cannot be fettered by any legislative restrictions. Ex parte * e 1>ar< 
 Garland, 4 Wall. 380. 
 
 A pardon reaches both the punishment prescribed for the offense What does 
 and the guilt of the offender ; and when the pardon is full, it re- th pai-dou 
 leases the punishment and blots out the existence of the guilt ; so reac 
 that in the eye of the law the offender is as innocent as if he had 
 never committed the offense. If granted before conviction, it pre 
 vents any of the disabilities consequent upon conviction from 
 attaching ; if granted after conviction, it removes the penalties and 
 disabilities, and restores him to all his civil rights ; it makes him, 
 as it were, a new man, and gives him a new credit and capacity. 
 Ex parte Garland, 4 Wallace, 380, 381. This court is obliged to 
 conform to these principles. Judge Duval, in the case of the United 
 
174 PRESIDENT S POWERS, 177, 178. [Art. IT., Sec. 2, 
 
 States v. Devine, Texas, June Term, 1867. There is only one 
 limitation to its operation ; it does not restore offices forfeited, or 
 property or interests vested in others in consequence of the convic 
 tion and judgment. (4 Blackstone s Com. 402 ; 6 Bacon s Abridg 
 ment, tit. Pardon ; Hawkins, book 2, ch. 37, 44 and 54.) Ex 
 parle Garland, 4 Wallace. 381. 
 
 What is the The pardon produced by the petitioner is a full pardon " for all 
 
 effect of tho offenses, from participation, direct or implied, in the rebellion." 
 
 the rebels? This re li eveti him from all penalties and disabilities attached to the 
 
 142, 143, 242, offense of treason, committed by his participation in the rebellion. 
 
 2&i - So far as that offense is concerned, he is thus placed beyond the 
 
 reach of punishment of any kind. (Ex parte Garland, 4 Wallace, 
 
 381.) The United States v. Devine, before Judge Duval, in the 
 
 United States Circuit Court for the Western District of Texas, 
 
 242. June Term, 1867. The expurgatory oath required by attorneys 
 
 27-1 cannot affect an attorney, who had been previously such of the 
 
 court, after pardon. Congress cannot inflict punishment beyond 
 
 the reach of executive clemency. Ex parte Garland, 4 Wallace, 
 
 381. 
 
 The remission of a penalty after it has been paid has no effect. 
 Edwin M. Stanton, Attorney-General, 3d Jan. 1861. 
 
 See 1 Kent s Com. 11 Ed. Part II. Lect. 13, p. 283-285 and 
 notes; Story s Const. 1494, 1504; Federalist, Xo. 74; 2 Wilson s 
 Law Lect. 198-200; 2 Elliot s Debates, 366 ; Rawle s Const, ch. 17, 
 p. 178. 
 
 What is the [2.] He shall have power, by and with the advice 
 and consent of the Senate, to make treaties, provided 
 nd two-thirds of the Senators present concur; and he 
 sna M nominate, and by and with the advice and con- 
 
 179. sent of the Senate, shall appoint ambassadors, other 
 public ministers and consuls, judges of the Supreme 
 Court, and all other officers of the United States, 
 whose appointments are not herein otherwise pro 
 vided for, and which shall be established by law. 
 But the Congress may by law vest the appointment 
 of such inferior officers, as they think proper, in the 
 
 188. President alone, in the courts of law, or in the heads 
 of departments. 
 
 178. " HE SHALL HAVE POWER, BY AND WITH THE ADVICE 
 AND CONSENT OF THE SENATE, TO MAKE TREATIES, PROVIDED 
 TWO-THIRDS OP THE SENATORS PRESENT CONCUR." 
 
 How is the This " advice and consent " is usually given after the treaty, or 
 advice appointment is made and signed by the President. The work ia 
 
 then sent to the Senate, to ask the " CONCURRENCE of two-thirds." 
 But it is in the option of the President to ask the advice and coo- 
 
Cl. 2.] PRESIDENT S POWERS, 178, 179. 175 
 
 gent of the Senate in advance, and it was so asked by President 
 Polk upon the ratification of the Treaty with Great Britain, in 
 1846, relative to Oregon. See 5 Marshall s Life of Washington, 
 ch. 2, p. 223; Executive Journal, llth Aug. 1790, pp. GO, 61; 
 Rawle s Const, ch. 7. pp. 63, 64; Story s Const. 1523 ; see Senate 
 Journal and Debates of July. 1846, upon the Oregon Treaty. 
 
 MAKE TREATIES." [/ *&.] An agreement between two or What Is a 
 more independent States. Brande. An agreement, league, or con- treaty t 
 tract between two or more nations or sovereigns, formally signed 
 by commissioners properly authorized, and solemnly ratified by the 
 several sovereigns, or the supreme power of each State. Webster s 
 Die., TREATY ; Burrill s Die., TKEATY. See Halleck s International 
 Law, ch. 34, pp. 189, 844. 
 
 A treaty is, in its nature, a contract between two nations ; not a 199. 
 legislative act. It does not generally e fleet, of itself, the object to 
 be accomplished, especially so far as its operation infra-territorial, 
 but is carried into execution by the sovereign power of the respect 
 ive parties to the instrument. Foster & Elam v. Neilson, 2 Peters, 
 314. 
 
 In the United States a different principle is established. Our 
 Constitution declares a treaty to be the law of the land. It is, con 
 sequently. to be regarded in courts of justice as equivalent to an 
 act of the legislature, wherever it operates of itself without the aid 
 of any legislative provision. But when the terms of the stipula 
 tion import a contract, when either of the parties engages to per- 199. 
 form a particular act, the treaty addresses itself to the political, ^ 
 not the judicial department ; and the legislature must execute the 
 contract before it can become a rule for the court. Id. 
 
 Tho power extends to every kind of treaty. Story s Const. 1 508. 
 But the power cannot be exercised to override other parts of the 
 Constitution, and to destroy the fundamental principles of the gov 
 ernment. Id.; Woodeson s Elcra. of Jurisprudence, 31; 4 Jeff s 
 Corresp. 2, 3, 498; Rawle s Con t. G3-75. See the power discussed. 
 Story s Const. 1508, 1523; Ware v. Hylton, 3 Call. 272-27G. 
 
 179. fi HE SHALL NOMINATE." The word as here used means Define 
 
 to recommend, in writing to the Senate, the name of an appointee 
 for confirmation. It is in this form the "advice of the Senate" is 
 asked. This is the sole act of the President, and is voluntary. 
 Marbury v. Madison, 1 Cr. 137; 1 Peter s Cond. 270; Story s 
 Const. 1548. 
 
 But the practice, when the Senate is not in session {and I think 
 sometimes when it is), is, that the President fills vacancies, and 
 the appointee qualifies and enters upon the duties of his office. In 
 such cases, the NOMINATION is not confined to the PROVISIONAL 
 appointee; but the President may and often does appoint another. 
 See Stanbery on appointments to office. 1419. 
 
 11 AND BY AND \VJTH THE ADVICE AND CONSENT OF THK SENATE Appoint? 
 
 SHALL APPOINT." It will be observed that, as in the nomination, 
 the duty is imperative s]i all M mi-nab: " "xitall aj>point. n 
 
 This power to fill vacancies is in the President, with the a.-sent 
 of the Senate, whilst that body is in session, and in the President 
 alone when the Senate is not in session. There ia no reason upon 
 
176 APPOINTMENTS, 179. [Art. II., Sec. 2, 
 
 which the power to fill a vacancy can be limited by the state of 
 things when it first occurred. On the contrary, the only inquiry 
 is as to the state of things when it is filled. 
 
 What is the All admit that whenever there is a vacancy existing during the 
 eftVct of an session, whether it first occurred in the recess or after the session 
 durin^the be o an ? tne power to fill requires the concurrent action of the Prcsi- 
 recess? dent and Senate. It seems a necessary corollary to this, that 
 189. where the vacancy exists in the recess, whether it first occurred 
 in the recess or in the preceding session, the power to fill is in the 
 President alone. If. during the recess, the power is not in the 
 President, it is nowhere, and there is a time when for a season 
 the President is required to see that the laws are executed, and 
 yet denied every means provided for their execution. Stanbery. 
 What is the Nevertheless, it comes back to the point that the President can 
 effect of the on i v appoint," with the concurrence of the Senate ; and all the 
 " appointments whether during the recess, or the session of the 
 Senate are provisional only, arid subject to the concurrence, in 
 common parlance, " ratification, of that body. 
 What Hence his power at all times to vacate offices and to fill vacan- 
 
 I h ^p C - an cies - He can b y his own act do evei 7 thing but give full title to 
 dent confer? kis appointees, and invest them with the right to hold during the 
 official term. That he cannot do without the consent of the Senate ; 
 but such is his power over officers, that, after the Senate has con 
 sented to his nomination, or in common parlance, has confirmed it, 
 the nominee is not yet fully appointed, or even entitled to the office, 
 for it still remains with the President to give him a commission or 
 to refuse it, as he may deem best ; and without the commission 
 there is no appointment. This was held by the Supreme Court in 
 Marbury v. Madison, 1 Cr. 137, 155, 156; and when to th-at deci 
 sion we add the doctrine recognized by the same court in Ex parte 
 Hennen, (13 Pet. 213), we see how fully the appointment and 
 removal of officers is held to be a necessary incident of executive 
 power. Stanbery, 18, 19. 
 
 The nomination and appointment are voluntary acts, and distinct 
 from the commissioning. Marbury v. Madison, I Cr. 1 55-G. P]ven 
 after confirmation, the President may, in his discretion, withhold 
 a commission; and, until a commission has been signed, the appoint 
 ment is not fully consummated. (4 Opin. 218). Stanbery. 
 What is the When the Senate has concurred and the "commission " is signed 
 effect of the by the President, even before delivery, the appointment is com- 
 Bion"" 18 " plete, and the officer has vested legal rights which cannot be 
 1&4. resumed. Marbury v. Madison, 1 Cr. 156; United States v. Le 
 Baron, 19 How. 74; Story s Const. 1548-1554. Mr. Jefferson 
 refused to act upon this decision, and claimed the power to with 
 hold the commission. 4 Jeff. Corr. 75, 317, 372; Rawle on the 
 Const. 166 ; Story s Const. 1553, note 1. 
 
 To "appoint," and to "commission," are not one and the same 
 thing. Marbury v. Madison, 1 Cr. 155. The commission is not 
 necessarily the appointment, although conclusive evidence of the 
 fact. Id. ; United States v. Le Baron, 19 How. 74. 
 
 When the appointee refuses to accept, the successor is nominated 
 in his place, and not iu the place of the person who had been pre- 
 
01. 2.] APPOINTMENTS, 180-188. 177 
 
 viously in the office and had created a vacancy. (Marbury v. 
 Madison. 1 Cr. 137-156.) Story s Const. 1554. See also John 
 son v. United States, 5 Mason, 425, 438, 439; United States r. 
 Kirkpatrick, 4 Wheat. 733, 734; Bowerbank v. Morris, Wallace 
 Cir. R. 425, 438, 439; Thompson s Case, 3 P. Will. 194; Boucher 
 v. Wiseman. Cro. Eliz. 440 ; Burch v. Maypowder, 1 Vt. 400. 
 
 ISO. " AMBASSADORS, OTHER PUBLIC MINISTERS, AND CONSULS." What is an 
 "AMBASSADORS," comprehend the highest grade only of public Ambussa- 
 ministers. Story s Const. 1525. See Grotius, Yattel, Martens, 
 Wicquefort, Halleck (ch. 9, pp. 200-239) and Wheaton, Title, 202. 
 AMBASSADORS. For a better definition, see note 202. 
 
 Ambassadors could not include consuls, hence the enlargement 
 of the enumeration. Story s Const. 1525; Federalist, No. 42. 
 
 See ante, p. 14, Art. IX. 
 
 181. "PUBLIC MINISTERS AND CONSULS." CONSULS. For the 189. 
 derivation of the word consul (consulere, consulatus, comes, comi- Define con- . 
 tatu-s), see Co. Litt. lib. 3, note 20; Burrill s Law Die., CONSUL. suls? 
 The name of a chief magistrate among the Romans, and of Earls, 
 from consulcndo, among the Britons. Bract, fol. 5, b. ; 1 Bl. Com. 
 227. For the origin, history, and duty of consuls, see Halleck s 
 International Law, ch. 15, 239-209, and the many learned authori 
 ties there cited. 
 
 In commercial and international law, a public agent, appointed 
 by a government to reside in a foreign country (and usually in 
 seaports), to watch over its own commercial rights and privileges, 
 and the commercial interests of its citizens or subjects. 1 Kent s 
 Com. 41. 
 
 JUDGES OP THE SUPREME COURT, AND ALL OTHER what offl- 
 OFFICERS OF THE UNITED STATES, WHOSE APPOINTMENTS ARE ^ s j?"" si 
 
 NOT HEREIN OTHERWISE PROVIDED TOR, AND WHICH SHALL BE d ^ t IC 
 ESTABLISHED BY LAW." appoint? 
 
 Judges of the Supreme Court are defined in the Constitution. 1<y - 
 (Art. III. sec. 1.) 
 
 The effect of this and other clauses of the Constitution, on the 
 subject of the appointments to office, is to declare that all offices 
 under the federal government, except in cases where the Constitu 
 tion itself may otherwise provide, shall be established by law. 
 United States v. Maurice, 2 Brock. 96. 
 
 Every thing concerning the administration of justice, or the 
 general interests of society may bo supposed to be within the 
 meaning of the Constitution, especially if fees and emoluments are 
 annexed to the office. But there are matters of temporary and 
 local concern, which, although comprehended in the term officers, 
 have not been thought to be embraced by the Constitution. 
 (Lehman v. Sutherland, 3 Serg. Rawle, 149.) Attorney-Gen 
 eral Stanbery s Opinion on the Reconstruction Laws, 24th May, 
 
 1867, p. 12. 
 
 Where else 
 
 183. "BUT THE CONGRESS MAY VEST BY LAW THE APPOINT- ma y . th 
 
 MENT, ETC., OF INFERIOR OFFICERS IN THE PRESIDENT ALONE, IN pow^bo" 
 
 THE COURTS OF LAW, OR IN THE HEADS OF DEPARTMENTS." Here vested? 
 8* 
 
178 BEMOVAL, 184. [Art. II., Sec. 2, 
 
 179-132. the duty of commissioning is distinct from tho appointment. The 
 
 legislature might require commissions. Marbury v. Madison, 1 
 
 Cr. 157; Story s Const. 1548. 
 
 Officers Clerks of courts are such officers ; and, in such cases, the power 
 
 cptnmis- o f removal is incident to tho power of appointment. Ex parte 
 
 Hennen, 13 Pet. 230, 259. And may be exercised by the court 
 
 which appointed. Id. 
 
 The President cannot appoint a commissioner of bail, affidavits, 
 
 &c. That power belongs to the circuit courts. Bates, 24th June, 
 
 1861. 
 
 Tenure of 184. THE POWER OF REMOVAL. The power of the President 
 
 office ? to appoint to office, necessarily includes the power to remove all 
 
 Cnn the officers appointed and commissioned by him, where the Constitution 
 
 remove as ^ as no * ot ^ ierw se provided. Therefore he may remove a territorial 
 
 well as judge, in his discretion. 5 Opin. 288 ; 3 Id. 673 ; 4 Id. 603, 608-9 ; 
 
 appoint? 4 Elliot s Debates, 350; Ex parte Henuen, 13 Pet. 259. And he 
 
 179, 180. may cause a military officer to be stricken from the rolls, without a 
 
 trial by court-martial, notwithstanding a decision in his favor by a 
 
 court of inquiry. 4 Opin. 1. ; 2 Story s Const. 1538; Stanbery, 
 
 17-19. But see act of 13th July, 1866, in this note; Story s Const. 
 
 1549-1554. 
 
 To what is The Senate cannot originate an appointment ; its constitutional 
 the Senate s ac tj on i s confined to a simple affirmation or rejection of the Presi- 
 action con- , , ,.- j t. *. c -\ ^ -^ j- 
 
 fined. dents nominations; and such nominations fail whenever it dis- 
 
 193, i94. agrees to them. 3 Opin. 188 ; Stanbery, 18. 
 
 This clause gives him power to appoint diplomatic agents of any 
 rank, at any place, and at any time, in his discretion, subject to the 
 approbation of the Senate ; and this power cannot be limited by act 
 of Congress. 7 Opin. 186. 
 
 185. Nothing is said about the power of removal by the executive of 
 
 any officers whomsoever. As, however, the tenure of office of no 
 
 officers except those in the judicial department, is, by the Constitu- 
 
 Art III., tion, provided to be during good behavior, it follows, by irresistible 
 
 Sec. 1. inference, that all others must hold their offices during pleasure, 
 
 unless Congress shall have given some other duration to their 
 
 office. (1 Lloyd s Debates, 511, 512.) Story s Const. 1537: 
 
 Keen an v. Perry, 24 Tex. 258. In the absence of a constitutional 
 
 or statutory provision, the power of removal would seem to be in- 
 
 184. cident to the power of appointment. (Ex parte Hennen, 13 Pet. 259.) 
 
 Keenau v. Perry, 24 Tex. 258. 
 
 As far as Congress constitutionally possesses the power to 
 regulate and delegate the appointment of "inferior officers," 
 so far they may prescribe the term of office, the manner in which, 
 and the persons by whom, the removal, as well as the appointment 
 to office, shall be made. (Marbury v. Madison, 1 Cranch, 137, 155.) 
 Story s Const. 1537. See Monroe s Message of 12th April, 1822, 
 1 Executive Journal, 286; Sergt s Const,, ch. 29 [31]; 5 Mar 
 shall s Life of Washington, ch. 3, p. 196-200 ; 1 Lloyd s Debates, 
 351-366. and 450-600: Id. 1-12. 
 
 The removal takes place in virtue of tho new appointment, by 
 mere operation of law. EJC parts Hennen. 13 Pet. 300; Federalist, 
 No. 77. 
 
01. 2.] TENURE OF OFFICE, 184. 179 
 
 " The consent of the Senate would he necessary to displace as 
 well as to appoint." (Federalist. No. 77.) Story s Const. 1540. 
 
 While Mr. Madison claimed the power to remove, he said, " the 
 wanton removal of meritorious officers would subject him (the 191-194 
 President) to impeachment." (1 Lloyd s Debates, 503 ; and see 
 Id. 351, 366, 450, 480-600; 4 Elliot s Debates, 141-207. 
 
 The first limitation on the President s power of removal is as How are the 
 follows : " And no officer in the military or naval service shall, in military re 
 time of peace, be dismissed from service except upon, and in pur- mo 
 suance of, the sentence of a court-martial to that effect, or in com 
 mutation thereof." Act of 13th July, 1866, 14 St. p. 92, 5. 
 
 In the differences between the President and Congress, the 
 question was again discussed by the thirty-ninth Congress; and 
 although not very elaborately argued, the positions taken for and 
 against the power were urged, and will be found in the Congres 
 sional Globe of that session, and in the President s veto of the 
 following law: 
 
 An Act regulating the Tenure of certain Civil Offices. Act of 
 
 "SEC. 1. Every person holding any civil office to which he has igffiTudt 
 been appointed by and with the advice and consent of the Senate, 430. 
 and every person who shall hereafter be appointed to any such i what is 
 office, and shall become duly qualified to act therein, is, and shall be tenure of 
 entitled to hold such office until a successor shall have been in like ^ il 
 manner appointed and duly qualified, except as herein otherwise , 
 provided: Provided, That the Secretaries of State, of the Treasury, exceptions? 
 of War, of the Navy, aud of the Interior, the Postmaster-General, 
 and the Attorney-General, shall hold their offices respectively for 
 and during the term of the President, by whom they may have 
 been appointed, and for one month thereafter, subject to removal 
 by and with the advice and consent of the Senate. 
 
 "2. When any officer appointed as aforesaid, excepting judges When may 
 of the United States Courts, shall, during a recess of the Senate, be the Pres >- 
 shown, by evidence satisfactory to the President, to be guilty of p^"^ ^wi 
 misconduct in office, or crime, or for any reason shall become in- temporarily 
 capable or legally disqualified to perform its duties, in such case, appoint? 
 and in no other, the President may suspend such officer and 
 designate some suitable person to perform temporarily the duties 
 of such office until the next meeting of the Senate, and until the 
 case shall be acted upon by the Senate, and such person so desig 
 nated shall take the oaths and give the bonds required by law to 
 be taken and given by the person duly appointed to fill such office ; 
 and in such case it shall be the duty of the President, within 
 twenty days after the first day of such next meeting of the Senate, To whom to 
 to report to the Senate such suspension, with the evidence and rport ? 
 reasons for his action in the case, and the name of the person so 
 designated to perform the duties of such office. And if tho 
 Senate shall concur in such suspension, and adviso and consent to 
 the removal of such officer, they shall so certify to the President, 
 who may thereupon remove such officer, and, by and with the ad 
 vice and consent of the Senate, appoint another person to such* ftoe 
 office. But if the Senate shall refuse to concur in such suspension, refuLfto 
 such officer so suspended shall forthwith resume the functions of concur? 
 
180 
 
 TENUEE OF OFFICE, 184. 
 
 [Art, II., Sec. 2, 
 
 M.iy the 
 President 
 revoke the 
 removal ? 
 
 Iftho 
 Senate re 
 fuse to 
 concur in 
 vacancies ? 
 
 his office, and the powers of the person so performing its duties in 
 his stead shall cease, and the official salary and emoluments of such 
 officer shall, during such suspension, belong to the person so per 
 forming the duties thereof, and not to the officer so suspended: 
 Provided, howrvcr, That the President, in case he shall become 
 satislied that such suspension was made on insufficient grounds, 
 shall be authorized, at any time before reporting such suspension 
 to the Senate as above provided, to revoke such suspension and 
 reinstate such officer in the performance of the duties of his 
 office. 
 
 "3. The President shall have power to fill all vacancies which 
 may happen during the recess of the Senate, by reason of death or 
 resignation, by granting commissions which shall expire at the end 
 of their next session thereafter. And if no appointment, by and 
 with the advice and consent of the Senate, shall be made to such 
 office so vacant or temporarily filled as aforesaid during such next 
 session of the Senate, such office shall remain in abeyance, without 
 any salary, fees, or emoluments attached thereto, until the same 
 Bhall be filled by appointment thereto, by and with the advice and 
 consent of the Senate ; and during such time all the powers and 
 duties belonging to such office shall be exercised by such other 
 officer as may by law exercise such powers and duties in case of a 
 vacancy in such office. 
 
 "4. Nothing in this act contained shall be construed to extend 
 the term of any office the duration of which is limited by law. 
 
 " 5. If any person shall, contrary to the provisions of this act, 
 - accept any appointment to, or employment in, any office, or shall 
 exercising * 1 nol(1 or exercise, or attempt to hold or exercise, any such office or 
 office con" employment, he shall be deemed, and is hereby declared to be, 
 trary to this guilty of a high misdemeanor, and, upon trial and conviction thereof, 
 he shall be punished therefor by a fine not exceeding ten thousand 
 dollars, or by imprisonment not exceeding five years, or both said 
 punishments, in the discretion of the court. 
 
 " 6. Every removal, appointment, or employment, made, had, or 
 exercised, contrary to the provisions of this act, and the making, sigri- 
 i Q &> sealing, countersigning, or issuing of any commission or letter of 
 authority for or in respect to any such appointment or employment, 
 shall bo deemed, and an* hereby declared to be, high misdemeanors, 
 and, upon trial and conviction thereof, every person guilty thereof 
 phall be punished by a fine not exceeding ten thousand dollars, or 
 When may by imprisonment not exceeding five years, or both said punish 
 ments, in the discretion of the court: Provided, That the President 
 shall have power to make out and deliver, after the adjournment 
 of the Senate, commissions for all officers whose appointment shall 
 have been advised and consented to by the Senate. 
 
 " 7. It shall bo tho duty of the secretary of the Senate, at the 
 rejections to c i oso o f oac h session thereof, to deliver to the Secretary of the 
 Treasury, and to each of his assistants, and to each of the auditors, 
 and to each of the comptrollers in tho treasury, and to the trea 
 surer, and to the register of tho treasury, a full and complete list, 
 duly certified, of all the persons who shall have been nominated to 
 and rejected by the Senate during such session, and a liko list of 
 
 What limit 
 on term ? 
 
 What 
 penalty for 
 
 And for 
 
 trary to the 
 act? 
 
 the Presi 
 dent com 
 mission? 
 
 How are 
 
Cl. 2.] TEXUEE OF OFFICE, 184. 181 
 
 oil the offices to which nominations shall have been made and not 
 confirmed and filled at such session. 
 
 " 8. Whenever the President shall, without the advice and con- What is the 
 Bent of the Senate, designate, authorize, or employ any person 
 perform the duties of any office, he shall forthwith notify t 
 Secretary of the Treasury thereof; and it shall be the duty of the 
 Secretary of the Treasury thereupon to communicate such notice 
 to all the proper accounting and disbursing officers of his depart 
 ment. 
 
 "9. No money shall be paid or received from the treasury, or What re 
 paid or received from or retained out of any public moneys or funds strictions as 
 of the United States, whether in the treasury or not, to or by or pay 
 for the benefit of any person appointed to or authorized to act in or 
 holding or exercising the duties or functions of any office contrary 
 to the provisions of this act; nor shall any claim, account, 
 voucher, order, certificate, warrant, or other instrument, providing 
 for or relating to such payment, receipt, or retention, be presented, 
 passed, allowed, approved, certified, or paid by any officer of the 
 United States, or by any person exercising the functions or per 
 forming the duties of any office or place of trust under the United 
 States, for or in respect to such office, or the exercising or perform 
 ing the functions or duties thereof; and every person who shall 
 violate any of the provisions of this section shall be deemed guilty Whnt 
 of a high misdemeanor, and. upon trial or conviction thereof, shall py i:ilt y <"<" 
 be punished therefor by a fine not exceeding ten thousand dollars, vi 
 or by imprisonment not exceeding ten years, or both said punish 
 ments, in the discretion of the court." Passed over the President s 
 veto, 2 March, 1867. 
 
 departments 
 2 Id. 
 
 were not. (Rawle s Const, ch. 14, pp. 163, 164; Sergeant on the 
 Const, ch. 29 [ch. 31]; see President Monroe s Message of 12th 
 April, 1822.) Story s Const. 1536-1539. The President was 
 overruled by the Senate, which contended that, as Congress pos 
 sessed the power to make rules and regulations for the land and 
 naval forces, they had a right to make any which would promote 
 the public service; that Congress fixes the promotions, and every 
 promotion is a new appointment, which requires ratification. 
 (Sergeant s Const, ch. 29) [ch. 31.] 
 
 The power to nominate does not naturally or necessarily include 
 the power to remove; and if the power to appoint does include it, 170. 
 then the latter belongs conjointly to the executive and Senate. 
 Story s Const. 1538. It results, and is not separable from the 
 appointment itself. (Ex, parte Hennen, 13 Pet. 213.) Story s Const. 
 1538; Federalist, No. 77. 
 
 The power to remove by the President was affirmed during the 
 administration of President Washington by the casting vote of the 
 Vice-Presideut. Senate Journal, July 18, 1789, p. 42. The 
 question was much agitated again during the administration of 
 President Jackson. Finally the power has been denied, in tho 
 shape of the tenure of office bill, during the administration of 
 
182 VACANCIES, 185. [Art. II., Sec. 2, 
 
 President Johnson, because of the peculiar attitudes of a Pres 
 ident and a Congress elected at the same time, and upon the 
 Bame platform of principles. Without pretending to assert posi 
 tively the constitutionality of the law, the editor ventures to pre 
 dict, that no political party will ever entirely remove the restrictions, 
 and loa?e the tenure of office wholly and exclusively at the will of 
 the President. The real evil results from the too great patronage 
 in the hands of the executive, and the corrupting influences, 
 for a long time so openly employed, by the distribution of 
 federal patronage to control State elections. The evil could only 
 be reached and Presidential elections rendered peaceful and safe 
 by an organic change, which would place the choice of federal 
 23f magistrates where the constitutions of the States have generally 
 placed them in the hands of the people If time has demon 
 strated that the elective democratic principle may be left to the 
 wisdom of choice, why could not the rule apply to many grades of 
 federal officers ? 
 
 whathtv [3.] The President shall have power to fill up all 
 rncuteiev? vacancies that may happen during the recess of the 
 184, 3. Senate, by granting commissions which shall expire at 
 the end of their next session. 
 
 Ifthevacnn- 185. "ALL VACANCIES THAT MAY HAPPEN DURING THE RECESS 
 
 cies occur OF TIIE SENATE." Mr. Wirt, in 1823, Mr. Taney, in 1832, and Mr. 
 
 ession ? h * ^egare, in 1841, concur in opinion that vacancies first occurring 
 
 184. during the session of the Senate may be filled by the President in 
 
 the recess. Mr. Mason, in a short opinion given in 1 845, held that 
 
 vacancies known to exi^t during the session could not be filled -in 
 
 the recess; but in a more elaborate opinion, written in 1846, ho 
 
 25. expresses general concurrence with his three predecessors. Ail 
 
 32. these concurring opinions give a construction to the meaning of 
 
 the words; and they agree that these words are not to be confined 
 
 to vacancies which first occur during the recess, but may apply to 
 
 vacancies which first occur during the session and continue in the 
 
 recess. Attorney-General Staubery on the President s power in 
 
 the matter of appointments to office, 30th Aug. 186G, p. 4. 
 
 How may 1. The vacancy may not have become known during tho 
 
 the vacancy rec ess ; 2. It may have occurred by the failure of the Senate to 
 
 act upon a nomination ; 3. Or, upon a nomination and confirma- 
 
 179. tion, where the party so nominated and confirmed refuses in the 
 
 recess to accept the office; 4. Or by the rejection of the nominee 
 
 of the President in the last hour of the session; 5. Or by the 
 
 failure of the President to make a nomination during the session 
 
 143. or after a rejection of his nominee. Id. 
 
 What means The subject-matter is a vacancy. It implies duration a tondi- 
 
 that may tion or state of things which may exist. I incline to think, 
 
 hnppon"? l)pon the mere wor( i Sj that we might construe them precisely 
 
 as if the phrase were, "If it happen that there is a vacancy in 
 
 the recess," or, " If a vacancy happen to exist in the rocess." Id. 
 
 5,6. 
 
Cl. 3.] PRESIDENT S DUTIES, 186, 187. 183 
 
 But if the office first occur during the recess ; or if it be created 
 during the session and the President fail to appoint, he cannot ap 
 point during the recess. The word "HAPPEN" has relation to 
 some casualty, not provided for by law. (The appointment of the 
 Ministers to Ghent, in 1813; Senate Journal of 20th April, 18 22 ; 2 
 Executive Journal, pp. 415, 500; 3 Executive Journal, 297.) 
 Story s Const. 1559. 
 
 He may fill, during a recess of the Senate, a vacancy that oc 
 curred by expiration of commission during a previous session. 1 
 Opin. 631. So he may fill a vacancy whicli has occurred by the 
 expiration of a former temporary appointment, the Senate having 
 neglected to act on a nomination to fill the office. 3 Id. 673 ; 4 
 Id. 523; 2 Id. 525; 4 Id. 361. 
 
 16. "WHICH SHALL EXPIRE AT THE END OF THE SESSION." Length of 
 The commission of an officer appointed during a recess, who is commis- 
 aftervvard nominated and rejected, is not thereby determined : it slc 
 continues in force until the end of the next session, unless sooner 
 determined by the President. 2 Opin. 336; 4 Id. 30. 
 
 It was upon this state of facts that Mr. Taney gave his opinion What means 
 in 1832, and held on this point that "the vacancy did take place "which shall 
 in the recess," and that " the former appointment continued {{" the " 
 during the session, and there was no vacancy until after they ad- session " ? 
 journed." Stanbery on filling vacancies, 6. 184. 
 
 If the President appoint and commission, both expire at the 
 end of the next session. If he nominate the same person, and the 
 Senate concur, it is a new appointment ; and the bond given " to 
 fill up the vacancy," does not apply to acts done under the new 
 appointment and commission (United States v. Kirkpatrick, 9 
 Wheat. 720, 733, 734, 735.) Story s Const. 1538. 
 
 SEC. III. He shall, from time to time, give to the what are 
 Congress information of the state of the Union, andenjoinmi 
 recommend to their consideration such measures as he President? 
 shall judge necessary and expedient. He may, on Further 
 extraordinary occasions, convene both houses, or either 1 
 of them ; and in case of disagreement between them, 
 with respect to the time of adjournment, he may 
 adjourn them to such time as he shall think proper. 
 He shall receive ambassadors and other public min 
 isters. He shall take care that the laws be faithfully 
 executed, and shall commission all the officers of the 
 United States. 
 
 187. "GIVE INFORMATION OF THE STATE OF THE UNION, AND iiow nre tho 
 RECOMMEND," <c. The opening messages of Presidents Washington "pinions 
 and John Adams were delivered in person and answered. 1 Ben- lvcn 
 ton s Coud. Debates; Story s Const 3d ed. 1561, note 1. See 
 
184: PRESIDENT, 187-189. [Art. Il, 
 
 1 Tuck. Bl. Com. 343-345 ; Federalist, No. 78 ; Rawle s Const, ch. 
 16, p. 171. 
 
 The practice was changed by President Jefferson ; and ever since 
 all messages have been delivered in writing. This u information 
 of the state of the Union," embraces the reports of all the depart 
 ments, and altogether they constitute what are called the executive 
 documents of the government, which are valuable repositories 
 for statesmen and students. Calls are often made by Congress on 
 the President and the heads of departments, for information on 
 special matters. 
 
 Have extra 1. "MAT CALL CONGRESS TOGETHER AND ADJOURN," &C. 
 sessions rjijjj s p OWer o f convening Congress in extra session, has been fre- 
 called? quently exercised, both in regard to Congress and the Senate. 
 Never could the necessity of the power be more forcibly demon 
 strated than upon the occasion of its exercise by President Lincoln, 
 in April, 1863. See Federalist, No. 78 ; Rawle s Const., ch. 16, p. 
 171. 
 
 It is not remembered that the occasion ever has arisen for the 
 President to exercise the power to adjourn Congress. 
 
 What doe? The power to receive AMBASSADORS AND OTHER PUBLIC MINIS- 
 umbas- TERS carries along the power to receive consuls, and they never 
 o*hJ S public act without exequaturs. Rawle s Const, ch. 24, pp. 224, 225. 
 minister*" Story s Const. 1564-1572. See Federalist, No. 42; 1 Kent s 
 embrace? Com. Lect. 2, pp. 40-44. Halleck s International Law, p. 242, 4 ; 
 ISO, 1S1, Fynn, British Consuls abroad, pp. 34-55 ; 2 Phiilimore on Inter 
 national Law, 246, 258. 
 
 In case of a revolution, or dismemberment of a nation, the judi 
 ciary cannot take notice of any new government or sovereignty, 
 until it has been duly recognized by some other department of the 
 government, to whom the power is constitutionally confided. 
 (United States v. Palmer, 3 Wheat. 610, 634, 643; Hays v. Gel- 
 ston, 3 Wheat. 246, 323, 324; Rose v. Himley, 4 Cr. 441 ; the 
 Divina Pastora, 4 Wheat. 52, and note 65 ; the Nuestra Sefiora 
 de la Caridad, 4 Wheat. 497.) Story s Const. 1566. 
 
 What is the 189. "HE SHALL TAKE CARE THAT THE LAWS BE FAITHFULLY 
 
 duty of the EXECUTED." That is, to execute the laws to the extent of the defen- 
 to s^tho B ve means pl ace( i m his hands. 9 Op. 524. 
 
 law* * The Supreme Court of the United States cannot enjoin the Pres 
 ented ! ident from seeing the laws faithfully executed. Mississippi v. 
 204. Johnson, 4 Wallace, 498. Where an executive officer is clothed 
 with discretion, the act to be done is executive, and beyond judi 
 cial control. (Marbury v. Madison, 1 Cranch, 137 ; Kendall, Post 
 master-General v. Stockton and Stokes, 12 Pet. 527.) Id.; Tho 
 State v. The Southern P. R. R. 24 Tex. 117 ; Paschal 1 s Annotated 
 Digest, note 1.91. 
 
 174, 175. It is of the very essence of executive power, that it should always 
 
 and everywhere be capable of, and be in, full exercise. There shall 
 be no cessation no interval of time when there may be an inca 
 pacity of action. Stanbery on filling vacancies, 8, 9. 
 
 Under this power the governor (the President) ought to order 
 suits in all cases where the laws are infracted and the rights of the 
 government invaded. The State v. Delesdenier, 7 Tex. 95. 
 
Sec. 3, 4.] IMPEACHMENT, 190, 191. 185 
 
 190. "SHALL COMMISSION ALL OFFICERS." This seems to bo 185, 1S5. 
 more properly connected with the appointing of officers ; but it is 
 
 not one and the same thing. Marbury v. Madison, 1 Cr. 156-7 ; 
 Story s Const. 1548. 
 
 As incident to this power, he has authority to appoint commis- What are 
 sioners and agents to make investigations required by acts or reso- the Presl- 
 lutions of Congress ; but cannot pay them, except from an appro- ^ 
 priation for that purpose. 4 Opin. 248. It is not, in general, 
 judicious for him, in the exercise of this power, to interfere in the 
 functions of subordinate officers, further than to remove them for 
 any neglect or abuse of their official trust. 3 Id. 287. But where 
 combinations exist among the citizens of one of the States, to 
 obstruct or defeat the execution of acts of Congress, and the ques 
 tion of the constitutionality of such laws is made in suits against a 
 marshal of the United States, the President is justified in assuming 
 his defense on behalf of the United States. 6 Id. 220, 500. 
 
 The various acts of President Lincoln, in calling out the militia, 
 organizing an army, and proclaiming a blockade of the Southern 
 ports, in April, 1861, for the suppression of the rebellion, were 
 approved, ratified, and confirmed by a joint resolution of Congress, 
 in August, 1861. The President was the judge of his powers, and 
 the court is bound by his acts. The Prize Cases, 2 Black, 666. 
 
 SEC. IV. The President, Vice-President, and all 
 civil officers of the United States, shall be removed "oy be 
 from office on impeachment for, and conviction of, impeachcd ? 
 treason, bribery, or other high crimes and misde 
 meanors. 
 
 191. " CIVIL OFFICERS." The remedy is strictly confined to 27, 39, 40. 
 civil officers, in contradistinction to military. Story s Const. 690, 
 
 691. 
 
 A senator or representative in Congress is not such civil officer. Who are 
 Blount s Trial, 22, 102; Wh. St. Tr. 260, 316; 1 Story s Const. civil 
 793, 802. See 2d vol. Senate Journal (1797), 383-393. Nor is a ofl 
 territorial judge, not being a constitutional, but a legislative office 
 only. 3 Opin. 409. But United States circuit and district judges 
 are subject to impeachment. Peck s Trial, 20, and Chase s Trial. 
 
 No previous statute is necessary to authorize an impeachment Where must 
 for any official misconduct. What are, and what are not high ^ f - lo .? c lor . 
 crimes and misdemeanors, is to be ascertained by a recurrence to l e 
 the rules of the common law. 1 Story s Const. 799. Peck s 
 Trial, 499. For the rules of proceedings prescribed in cases of 
 impeachment, see Peck s Trial, 5G-9. 
 
 Blourit was expelled as a senator fora "high misdemeanor;" 
 but the Senate refused to consider him a " civil officer," liable to 
 " impeachment." See 2 Senate Journal, pp. 383-397. The " high 
 misdemeanor," was not in the violation of any particular statute. What is an 
 
 44 An impeachment before the Lords by the Commons in Great lm P 
 Britain, in Parliament, is a prosecution of the already known and th^c 
 law, and has been frequently put in practice, being a law ? 
 
186 
 
 IMPEACHMENT, CRIMES, 192-194. [Art. II. 
 
 27, 39, 177. 
 
 What must 
 the treason 
 
 For what 
 must it bo 
 defined? 
 
 presentment to the most high and supreme court of criminal juris 
 diction by the most solemn grand inquest of the whole kingdom " 
 (4 Blackstone, 259) ; and when this most high and supreme court 
 of criminal jurisdiction is assembled for the trial of a person im 
 peached for a violation of the " already known and established 
 law," it must proceed according to the known and established law, 
 for although the trial must vary in external ceremony, it differs 
 not in essentials from criminal prosecutions before interior courts. 
 The same rules of evidence, the same legal notions of crimes and 
 punishments prevail." (Woodeson, vol. 2, 611.) Minority report 
 on the Impeachment of the President, 62. See 2 Chase s Trial, 137 ; 
 Rawle s Const. 204. 
 
 192. " TREASON AND BRIBERY." TREASON against the United 
 States shall consist only in levying war against them or in adher 
 ing to their enemies, giving them aid and comfort. Art. 3, sec. 3. 
 The treason must be against the United States. (Rawle s Const, 
 ch. 22, p. 215.) Story s Const. 802. 
 
 BRIBERY is the offense of taking any undue reward by a judge, 
 juror, or other person concerned in the administration of justice, or 
 by a public officer, to influence his behavior in his office, (4 Black. 
 Com. 139, and Chitty s note; 3 Inst. 145; 4 Burr, 2494; 1 Russel 
 on Crimes, 154.) Bun-ill s Law Die., BRIBERY. 
 
 For this definition resort must necessarily be had to the com 
 mon law. Story s Const. 796; Peck s Trial. 
 
 No other crimes than bribery and treason can regularly bo 
 inquired into as ground of impeachment. Rawle s Const, ch. 22, 
 p. 215. But neither this point, nor whether any other than a public 
 officer can be impeached, has been authoritatively settled. Story s 
 Const. 802, 803. 
 
 Define high 193. " HIGH CRIMES." Crime or misdemeanor is an act corn- 
 crimes? mitted. or omitted, in "iolation of a public law, either forbidding or 
 27,39,194, commanding it. 4 Bl. Com. 5. This general definition compro- 
 212, 223. hends both crimes and misdemeanors. Id. Crime, in a narrower 
 sense, is distinguished from a misdemeanor, as being an offense of 
 a deeper and more atrocious dye, and usually amounting to a 
 felony. 4 Bl. Com. 5; Burrill s Law Die., CRIME; Minority report 
 on the Impeachment of the President, 61. A breach or violation 
 of some public right or duty to a whole community, considered as 
 a community, in its social aggregate capacity; as distinguished 
 from civil injury. 4 Bl. 5. 
 
 The violation of a right, when considered in reference to the evil 
 tendency of such violation, as regards the community at large. 
 4 Stephen s Com. 55; 1 Id. 127, 128. In this sense it includes mis 
 demeanors. Burrill s Law Die., CRIME. 
 
 Define mis- 194. "MISDEMEANOR" is a less heinous species of crime; an 
 demeanor? indictable offense not amounting to felony. 4 Bl. Com. by Chitty. 5, 
 27. 39, 192, note; Bunill s Law Die., MISDEMEANOR. Properly speaking, crime 
 and misdemeanor are synonymous. Id.; 4 Steph. Com. 57. 
 
 In general, a misdetn-anor id used in contradistinction to felony, 
 and comprehends all indictable offenses which do not amount to 
 folony ; as perjury, battery, libels, conspiracies, attempts and so- 
 
Sec. 4.] IMPEACHMENT, 194. 187 
 
 Hesitations to commit felonies, &c. 4 Bl. Com. notes 5, 6 ; Paschal s 
 Annotated Digest, 1658-1660. 
 
 The case of Judge Humphries, at the commencement of the re 
 bellion, was upon charges of disloyal acts and utterances, some of 
 which clearly did not set forth offenses indictable by statute of the 
 United States, and yet upon all those charges, with one exception 
 only, he was convicted and removed. Report upon the Impeach 
 ment of the President, 52, 53. The minority say that they 
 amounted to treason, because he advised secession by Tennessee, 
 after the ordinance by South Carolina and the levying war by that 
 State. Id. 68. 
 
 It has been insisted that none but an offense against a statute of Must tbo 
 the United States is impeachable. (1 Chase s Trial, 9-18, 47, 48 ; offe .* e b 
 4 Elliot s Debates, 262 ; Rawle s Const, ch. 29, p. 273.) Story s JJJJJJJ* 
 Const. 796 ; Minority Report on tho Impeachment of the Presi- 192. 
 dent, 61. 
 
 Where any offense is punishable by an act of Congress, it ought 
 to be impeachable. Story s Const. 796. 
 
 So political offenses, impeachable at common law, may be so 
 classified. Id. 764, 763, 797, 798, 799; Jefferson s Manual, 53, 
 title, IMPEACHMENT; Blount s Trial, 29-31, 75-80; Farrar, 494- 
 496; Curtis Com. p. 360. 
 
 No one of the cases yet tried rests upon statutable misdemean 
 ors. Story s Const. 799 ; Report upon the Impeachment of tho 
 President, pp. 51-53. 
 
 For the English parliamentary cases, see 2 Woodeson s Law Lect. 
 40, p. 602 ; Comyn s Dig. Parliament, 28-40; Story s Const. 800. 
 
 Mr. Madison said: He (the President) will bo impeachable by What woro 
 this House, before the Senate, for such an act of maladministra- Madison s 
 tion : the wanton removal of meritorious officers would subject Vlt 
 him to impeachment and removal from his high trust." (Lloyd s 184-186. 
 Debates, 503, 351, 450; 4 Elliot s Debates, 141.) Farrar s Const. 
 495, 496. 
 
 Whether offenses not connected with office are impeachable is 
 etill unsettled. Story s Const. 803-805. 
 
 While this work was running through the press, a majority of the State tho 
 judiciary committee (on the 25th November, 1867) made a report history of 
 to the House of Representatives (in response to a resolution of ntv 
 the House), wherein they impeached ANDEEW JOHNSOX, President pcaehinent? 
 of the United States, of " High crimes and misdemeanors." The 
 report was signed by five members ; the minority, including the 
 chairman, dissented. The report is long, and the evidence is volu 
 minous. 
 
 The committee did not charge the violation of any criminal stat 
 ute. The charges are sundry usurpations of congressional power ; 
 willful efforts to defeat the work of reconstruction in the rebel 
 States, and the encouragement of those who were engaged in the 
 rebellion. All the charges hinge upon this one point. But, in 
 the specifications, there are sundry charges of the violation of 
 statute law: particularly in using money appropriated for other 
 purposes to support the President s own reconstruction measures; 
 in levying taxes ; using United States property ; restoring aban 
 doned and captured property; ordering the dispersal of the Louisi- 
 
188 IMPEACHMENT, 194. [Art. II., III., 
 
 ana Convention ; and conspiracies with and pardons of prominent 
 
 rebels, and appointing them to office. See Report, 1-47, 55-59. 
 
 State the It is urged by the minority of the- committee, that an impeach- 
 
 leg:il nrpi- ment will only lie for offenses which are indictable ; that the house 
 
 minority? * 3 to i m P eacu f r offenses, not to create them; that nothing is 
 
 143. penal except crimes (13 Encyc. Brit. 275); that Black stone s defini 
 tion of municipal law (1 Bl. Com. 44) is to be observed; that no 
 ex post facto law shall be passed ; that the definitions of crime 
 (the same stated in this note) are to control : that, in the trial, 
 the Senate, like the House of Lords, is a high criminal court, gov 
 erned by the same rules of law and evidence as other criminal 
 
 212. courts ; that the fact that the party can be convicted in another 
 court proves this ( 2 Chase s Trial, 137); that they must be " crimes" 
 such as are entitled to jury-trial (Art. III. Sec. 2); that Blount s 
 trial was for crimes (but against what criminal law is not shown) ; 
 that while Pickering s offense may not have been criminal, the plea 
 of insanity was ignored, and the case is a disreputable precedent ; 
 that Chase must have been acquitted because mere misconduct 
 as a judge was not a crime or misdemeanor. In Blount s case, 
 49. several of the charges were proved. They were; ""With intending 
 to carry into effect a hostile expedition in favor of the English against 
 the Spanish possessions of Louisiana and Florida; with attempts 
 to engage the Creek and Cherokee Indians in the same expedition ; 
 with having alienated the affections of the said Indians from Ben. 
 Hawkins, an agent of the United States among the Indians, the 
 better to answer his said purposes ; witli having seduced Jamea 
 Gary, an interpreter of the United States among the Indians, for 
 the purpose of assisting in his criminal intentions ; and with having 
 attempted to diminish the confidence of the Cherokee Indians in 
 relation to the boundary line, which had been run in consequence 
 of the treaty which had been held between the United States and 
 the said Indians." (1 Annals of 5 Cong. 499, 919.) That the 
 plea to the jurisdiction was sustained, on the ground that Biount 
 was not a civil officer. (Id. 2318, 2319.) That while Peck was 
 only arraigned for misconduct, or official misbehavior, ho did not 
 demur to the charge, but affirmed the justice of his action ; that 
 if the point, that a judge may be tried for want of "good beha- 
 
 197. vior," may be admitted, it cannot apply to the President, whose 
 tenure is for four years ; that the charges against Humphries were 
 
 217. of treason, because they were words and acts after the levying of 
 war by South Carolina ; that a fair review of the English cases 
 shows that Parliament rested all cases upon some indictable 
 offense, though it is admitted that definitions have been strained ; 
 fifty-five cases given by Hatsell are named (p. 71); where the 
 effort to explain fails, the precedents are boldly attacked; the 
 current of precedents is cited to show that the federal courts can 
 only entertain jurisdiction of crimes, defined and made penal by 
 Congress (United States v. Hudson, 7 Cr. 32 ; United States v. 
 Cooli lge, 1 Wheat. 415 ; Ex parte Bollman and Swartwout, 4 Cr. 95 ; 
 United States v. Lancaster, 2 McLean, 33, and various others, 
 77, 78): that the same principle should apply to the high court of 
 impeachment; that "other high crimes and misdemeanors," means 
 such as may bo declared by the law-making power of the United 
 
Sec. 4, 1.] JUDICIAL POWER, 195. 189 
 
 States, (Rawle s Const. 265) ; and the rest of the report is principally 
 devoted to the facts. Report upon Impeachment of the Presi 
 dent, 64-78. The whole argument is, that the impeachment must 
 be for treason within the constitutional definition; for bribery 
 within the then common-law definition ; or if for other high 
 crimes and misdemeanors, then they must be such as are created 
 by some penal enactment of Congress ; and not such as existed 
 at, and were impeaohable by, the common law. The majority of 
 the committee assume that high crimes and misdemeanors may 
 consist in oppressive, unjust, corrupt, and unauthorized official 
 misconduct, although not indictable. It is not within the plan of 
 this work to give the conclusions of the author, derived from the 
 same class of reading. This hour of the country s history is not 
 fortunate for a calm investigation. If we admit the conclusions of 
 the minority report, the difficulty is only removed; for still the 
 question would remain which of the statute offenses would be 
 the subject of impeachment ? Shall they be piracy, homicide, 
 larceny, forgery, counterfeiting, robbery, defalcations, or any ono 
 of the hundred felonies and misdemeanors spread over the 
 statutes ? And shall they be confined to offenses committed with 
 in the criminal jurisdiction of the United States ? Such only are 
 indictable. Or may an impeachment bo for an infamous crime 
 ngainst the laws of a foreign country? 
 
 The question being now afloat upon the sea of public opinion, 
 he can only hope that future writers may have more satisfactory 
 guides. The house by a large majority sustained the minority 
 report and refused to impeach, but still it can hardly be regarded 
 as settling the principle, that nothing is impeachable except what 
 is indictable as an offense against the United States. 
 
 ARTICLE III. 
 
 SEC. 1. The judicial power of the United States, pcflne tbo 
 shall b3 vested in one Supreme Court, and in such in- power! 
 ferior courts as the Congress may, from time to time, 
 ordain and establish. The judges, both of the supreme Tenure of 
 and inferior courts, shall hold their offices during ce m. 
 good behavior ; and shall, at stated times, receive for 
 their services, a compensation, which shall not be componsa- 
 diminished during their continuance in office. 
 
 195. "THE JUDICIAL POWER OF THE UNITED STATES." Ju- Define judi- 
 dicialis, judex, a judge, or judicmm, a judgment. Bun-ill s Law cial P ower ? 
 Die., JUDICIAL. It is the power to hear and determine controvor- 8, 210, 218. 
 sies between litigants, upon proper cases of law and fact presented 
 for adjudication. 
 
 The object was to establish a judiciary for the United States, a what was 
 necessary department, which did not exist under the C on federa- the object? 
 tion. (Federalist, Nos. 22, 28. 8, 8L ; 2 Wibon s Law Lect. ch. 3, 
 p. 201; 3 Elliot s Debates, 142, 143; Osborn v. United States 
 
190 
 
 JUDICIAL POWEU, 195. 
 
 [Art. III., 
 
 How is the 
 power con- 
 tradistin- 
 puished 
 from tho 
 hiw ? 
 
 233. 
 
 On what 
 does tho 
 jurisdiction 
 depend ? 
 210, 211. 
 
 Define 
 "shullbo 
 vested ?" 
 211. 
 
 Stale the 
 divisions of 
 power ? 
 141, 165. 
 199. 
 
 275. 
 109. 
 
 What is the 
 Supreme 
 Court ? 
 
 210, 211. 
 
 Bank, 9 Wheat. 813. 81f) ; 1 Kent s Com. Lect. 11, pp. 290-297.) 
 Story s Const. 1574; Montesquieu s Spirit of Lnvs, b. 11, ch. 0; 
 Rawle s Const, ch.. 21, p. 199. Chisholm v. Georgia, Ball. 419, 
 474. For the great necessity and duties of a national judiciary, also 
 see Cohens v. Virginia, 6 Wheat. 384-390 ; Id. 402-404, 415 ; M ir- 
 bury v. Madison, 1 Cr. 137 ; Curtis Commentaries, 2. With 
 jurisdiction to the full extent of the Constitution, laws, and treaties 
 of the United States. Osborn v. United States Bank, 9 Wheat. 
 819; Martin v. Hunter, 1 Wheat. 328. 
 
 JUDICIAL POWER, as contradistinguished from the power of tho 
 laws, has no existence. Courts are the mere instruments of the 
 law and can will nothing. Their discretion is a mere legal dis 
 cretion. Judicial power is never exercised for the purpose of 
 giving effect to the will of the judge ; but always of the legislature 
 or will of the law. Osborn v. Bank of United States, 9 Wheat. 
 818, 819, 866; 1 Kent s Com. Lect. 14, p. 277; 3 Story s Const. 
 1574, note 3 of 3d edition. But must regard the Constitution as 
 paramount. Marbury v. Madison, 1 Cr. 178; 1 Kent s Com. Lect. 
 20, pp. 448, 460 ; Cohens y. Virginia, 6 Wheat. 414. 
 
 The jurisdiction of the courts of the United States depends ex 
 clusively on the Constitution and laws of the United States. 
 Livingston v. Jefferson, 1 Brock. 203 ; American Insurance Co. y. 
 Canter, 1 Pet. 511; 1 Curtis Com. 4; United States v. Drenuer, 
 Hemp. 320 ; United States v. Albert!, Id. 444. The federal courts 
 have the right to determine their own jurisdiction. (The United 
 States v. Peters, 5 Cr. 1.15 ; The United States v. Booth, 21 How. 
 506.) Freeman y. Howe, 24 How. 459-4(51. 
 
 " SHALL BE VESTED " is mandatory upon the legislature. Its 
 obligatory force is so imperative, that Congress could not, without 
 a violation of its duty, have refused to carry it into operation. 
 Martin v. Hunter, 1 Wheat. 304, 328-337 ; 1 Kent s Com. Lect. 14, 
 pp. 290-293. Congress can only VEST the power in courts created 
 by itself. Id.; Story s Const. 1501-1503. The words afford an 
 absolute grant of judicial power. Id.; Story s Const. 1594. 
 
 All legislative power shall be vented in a Congress ; all executive 
 power in a President ; all judicial power shall be (not may be) vested 
 in one Supreme Court and in such inferior courts, &c. These powers 
 are thus absolutely vested, and it is the dutv of Congress to vest 
 the whole judicial power. (Martin v. Hunter, 1 Wheat. 304, 337.) 
 Story s Const. 1590, 1591; 1 Kent s Com. Lect. 11, p. 221. 
 And yet it cannoc be denied that the duty of Congress to vest the 
 whole judicial power, by proper legislation, is one thing; and the 
 power to enforce that duty through any other department of tho 
 government, or to exercise it until distributed by legislation, is 
 another. [EDITOR. 
 
 "Ix ON E SUPREME COURT." SUPREME, here means the highest 
 national tribunal, with both original and appellate jurisdiction. But 
 this can only have original jurisdiction in two classes of cases ; 
 those affecting ambassadors, &c.; and where a State is a party. 
 (Martin v. Hunter, 1 Wheat. 304, 337.) Story s Const. j. r >0::. 
 Congress cannot vest any portion of the power in State courts, 
 only in court* established by itself. 
 
Sec. 1.] INFERIOR COURTS JUDGES, 196, 197. 191 
 
 1J)S. * Sue n INFERIOR COURTS " Congress, having the power state the 
 to establish inferior courts, must, as a necessary consequence, have power over 
 the right to define their respective jurisdictions. Sheldon v. Sill, 8 g",),!^ 
 How. 448-9; Osborn v. United States Bank, 9 Wh. 7:58 ; Turner 194, 195. 
 v. Bank of North America, 4 Dallas, 10; Mclntyre v. Wood, 7 Cr. 
 50; Kendall v. United States, 12 Pet. 616; Gary v. Curtis, 3 
 How. 245. 
 
 Therefore. "INFERIOR COURTS" HAVE TO BE ORDAINED AND Why 
 ESTABLISHED in order that the whole "judicial power" may be inferio 
 exercised. (Martin v. Hunter. 3 Cr. 316.) Story s Const. co 
 1533. 
 
 Congress has the exclusive power of legislating over the terri- 231, 232. 
 tories, and consequently the Supreme Court has appellate jurisdic 
 tion over the courts established therein. (Bonuer v. Porter, 9 
 How. 235, 236.) Freeborn v. Smith, 2 Wall. 173. And see Ameri 
 can Insurance Co. v. Canter, 1 Pet. 511; Hunt v. Palao, 4 How. 
 5S9 ; Benner v. Porter, 9 How. 244, as to the character of territo 
 rial courts. 
 
 The commissioners of the Circuit Courts of the United States are What are 
 officers exercising functions of justices of the peace under tho commis- 
 laws of the commonwealth. Sim s Case, 7 Cush. 731. Congress ^"^J . 
 might appoint justices, without commissioning them as judges, 197, 193. 
 during good behavior, or giving them fixed salaries. Id. 1W. 
 
 197. u THE JUDGES BOTH OF THE SUPREME AND INFERIOR Define good 
 
 COURTS SHALL HOLD THEIR OFFICES DURING GOOD BEHAVIOR." behavior ? 
 The meaning of this is for life or until impeachment, unless, 191-194. 
 indeed, there be power to abolish circuits and districts, and thus 
 to dispense with supernumerary or objectionable incumbents. 
 
 For a full note of the State Constitutions, as to tenure, seo 1 
 Kent s Com. llth edition, p. 295, note (a.) 
 
 The territorial judges are not of this class, as they only hold 
 four years. (American Insurance Co. v. Canter, 1 Pet. 546.) 
 Benner v. Porter, 9 How. 244. 
 
 JUDGES FOR A TERM OF YEARS. Courts in which the judges hold What are 
 their offices for a specific number of years, are not constitutional j| ( >ns ^j itu " 
 courts, in which the judicial powers conferred by the Constitution JQU^S? 
 can be deposited. American Ins. Co. v. Canter, 1 Pet. 511, 546. 
 The Supreme Court of the United States was last organized Give the 
 asfollows: Allotment, &c., of the Judges of the Supreme Court of allotment? 
 the (Jnited States, as made April 8, 1867, under the Acts of Con 
 gress of July 23, 1866, and March 2, 1867. 
 
 NAMK OF THE JUDGE, 
 AND STATE WHENCE 
 
 NUMBER AND TERRITORY 
 
 DATE AND AUTHOR OF 
 THE JUDGE S COMMIS 
 
 COMING. 
 
 OF THE CIRCUIT. 
 
 SION. 
 
 
 f FOURTH. 
 
 1 
 
 CHIEF-JUSTICE. 
 
 I MARYLAND, WEST 
 
 1864. 
 
 HON. S. P. CHASE, 
 Ohio. 
 
 j VIRGINIA. VIRGIN 
 IA, NORTH CARO 
 LINA, AND SOUTH 
 
 r December Gth. 
 I PRESIDENT LINCOLN. 
 
 
 1 CAROLINA. 
 
 J 
 
192 
 
 JUDGES, 197. 
 
 Art III., 
 
 KAME OF THE JUDGE, 
 
 AND STATE WHENCE 
 
 COMING. 
 
 NUMBKB AND TEURITOIIY 
 OF T1IE CIKCUIT. 
 
 {FIFTH. 
 GEORGIA, FLORIDA, 
 ALABAMA, MISSIS 
 SIPPI, LOUISIANA, 
 AND TEXAS. 
 
 DATE AND AUTHOR OF 
 THE JUDGE S COMMIS 
 SION. 
 
 1835. 
 
 January 9th. 
 PRESIDENT JACKSON. 
 
 HON. SAML. NEL 
 SON, New York. 
 
 SECOND. 
 
 J NEW YORK, VER- I 
 
 MONT, AND CON- j 
 I NECTICUT. J 
 
 1845. 
 February 14th. 
 PRESIDENT TYLER. 
 
 HON. R. C. GRIER, 
 Pennsylvania. 
 
 C THIRD. "1 
 
 J PENNSYLVANIA, NEW I 
 JERSEY, AND DEL- f 
 
 1 AWARE. J 
 
 1846. 
 
 August 4th. 
 PRESIDENT POLK. 
 
 HON. N.CLIFFORD, 
 Maine. 
 
 f FIRST. "| 
 
 MAINE, NEW HAMP- 1 
 -\ SHIRE, MASSACHU- Y 
 
 SETTS, AND RllODE 
 
 1858. 
 January 12th. 
 PREST. BUCHANAN. 
 
 
 L ISLAND. J 
 
 
 HON. NOAH H. 
 SWAYNE, Ohio. 
 
 f SIXTH. "1 
 
 J OHIO, MICHIGAN, L 
 KENTUCKY, AND 
 I TENNESSEE. J 
 
 1862. 
 January 24th. 
 PRESIDENT LINCOLN. 
 
 HON. S. F. MILLER, 
 Iowa. 
 
 f EIGHTH. "I 
 
 J MINNESOTA, IOWA, I 
 1 MISSOURI, KANSAS, f 
 L AND ARKANSAS. J 
 
 1862. 
 July 16th. 
 PRESIDENT LINCOLN. 
 
 HON. DAY. DAVIS, 
 Illinois. 
 
 {SEVENTH. } 
 INDIANA, ILLINOIS, r 
 AND WISCONSIN. ) 
 
 1862. 
 
 December 8th. 
 PRESIDENT LINCOLN. 
 
 HON. S. J. FIELD, 
 California. 
 
 / NINTH. } 
 
 ] CALIFORNIA,OREGON, f 
 ( AND NEVADA. ) 
 
 1863. 
 
 March 10th. 
 PRESIDENT LINCOLN. 
 
 HENRY STANBERY, of Kentucky, Attorney-General; DANIEL 
 WESLEY MIDDLETON, of the District of Columbia, Clerk ; R. C. 
 PARSONS, of Ohio, Marshal. 
 
 The following have been Chief-Justices of the Supreme Court of 
 the United States : 
 
 Give a list 
 
 Name. 
 John Jay N Y 
 
 Term of 
 Service. 
 
 .1789-1795 
 
 Born. 
 1745 . . 
 
 Died. 
 1829 
 
 of the 
 
 John Rutledge S C 
 
 1795-1795 
 
 
 1800 
 
 Judges? 
 
 Oliver Ellsworth Conn 
 
 1796-1801 .. 
 
 1752 .. 
 
 1807 
 
 
 John Marshall, Ya 
 Roo-er B Taney Md. 
 
 .1801-1835 .. 
 1836-1864 .. 
 
 1755 .. 
 1777 .. 
 
 1835 
 1864 
 
 
 Salmon P. Chase, 0. ... 
 
 1864- 
 
 1809 .. 
 
 
Sec. 1.] JUDGES COMPENSATION, 197, 198. 
 
 193 
 
 The following have been Associate Justices : 
 
 Name. 
 
 Term of 
 Service. 
 
 Born. 
 
 Died. 
 
 John Rutledge, S. C 1789-1791 1800 
 
 William Gushing, Mass 1789-1810 .. 1733 .. 1810 
 
 James Wilson, Penn 1789-1798 .. 1742 .. 1798 
 
 John Blair, Va 1789-1^96 .. 1732 .. 1800 
 
 Robert H. Harrison, Md 1789-1789 . . 1745 . . 1790 
 
 James Iredell, N. C. 1790-1799 .. 1750 .. 1799 
 
 Thomas Johnson, Md 1791-1793 .. 1732 .. 1819 
 
 William Paterson, N. J 1793-1806 . . 1743 . . 1806 
 
 Samuel Chase, Md 1796-1811 .. 1741 .. 1811 
 
 Bushrod Washington, Va 1798-1829 .. 1759 .. 1829 
 
 Alfred Moore, N. C 1799-1804 .. 1755 .. 1810 
 
 William Johnson, S. C 1804-1 834 1834 
 
 Brockholst Livingston, N. Y 1806-1823 .. 1757 .. 1823 
 
 Thomas Todd, Ky 1807-1826 1826 
 
 Joseph Story, Mass 1811-1845 .. 1779 .. 1845 
 
 Gabriel Duvall, Md 1811-1835 .. 1751 .. 1844 
 
 Smith Thompson, N. Y 1823-1845 .. 1767 .. 1845 
 
 Robert Trimble. Ky 1826-1829 1829 
 
 John McLean, Ohio 1829-18G1 .. 1785 .. 1861 
 
 Henry Baldwin, Penn 1830-1843 .. 1779 .. 1846 
 
 James M. Wayne, Ga 1835-1867 .. 1786 .. 1867 
 
 Philip P. Barbour, Va 1836-1841 1841 
 
 John Catron. Tenn.. , 1837-1865 .. 1786 .. 1865 
 
 John McKinley, Ala 1837-1852 1852 
 
 Peter V. Daniel, Va 1841-1800 .. 1785 .. 1860 
 
 Samuel Nelson, N. Y 1845- 1792 
 
 Levi Woodbury, N. H 1845-1851 .. 1790 .. 1851 
 
 Robert C. Grier, Penn 1S46- 1794 
 
 Benjamin R. Curtis, Mass 1851-1857 .. 1809 
 
 James A. Campbell, Ala 1853-1856 .. 1802 
 
 Nathan Clifford, Me 1858- 1803 
 
 Noah H. Swayne, Ohio 1 862- 1805 
 
 Samuel F. Miller, Iowa 1862- 1816 
 
 David Davis. Illinois 1862- 1815 
 
 Stephen J. Field, California 1863- 1817 
 
 Efforts were made at the Supreme Court clerk s office, and at the 
 State Department, to obtain more accurate information as to the 
 respective dates of service, but without success. 
 
 198. The "COMPENSATION" of Judges is at present as fol- state the 
 lows : Chief- Justice, six thousand five hundred dollars ; Associate present 
 Justices, six thousand dollars each. 10 Stat. 655; Brightij * gJJ J* M 
 Dig. 819. The District Judges salaries vary from three thousand 
 five hundred dollars to five thousand five hundred dollajrs. 
 
 This compensation prohibits the imposition of a tax upon a Can it be 
 judge s salary. Commonwealth v. Mann, 5 W. & S. 415. Congress taxed? 
 may give the Circuit Court original jurisdiction in any case to 
 which the appellate jurisdiction extends. (Osborn v. The Bank of 
 the United States, 9 Wh 821.) Jones v. Seward, 41 Barb. 272-3. 
 
194 
 
 JUDICIAL POWERS, 199. [Art. 111., Sec. 2, 
 
 To what 
 does the 
 judicial 
 power 
 extend ? 
 
 199-200. 
 
 Distinguish 
 the judicial 
 from legisla 
 tive power? 
 14. 71, 13S, 
 165, 211. 
 
 27, 39, 40. 
 
 And see United States v. Bevans, 3 Wheat. 336. When 
 the Act of Congress directs the transfer of the case, wo 
 have nothing to do with the validity of the law as a defense to the 
 action. (Story s Const, ch. 38, 903, 906, et seq.; Martin v. 
 Hunter, 1 Wh. 304; Cohens v. Virginia, 6 Wh. 364; Osborn 
 v. The Bank of the United States, 9 Wh. 738.) Jones v. Seward, 
 41 Barb. 273. As to what cases will be transferred from the State 
 to the federal court, see 1 Brightly s Dig. Laws U. S. p. 128, 
 19, notes d, e, g, and h; Smith v. Rines, 2 Sumn. 338; Wilson 
 v. Blodget, 4 McLean, 363 ; Hubbard v. The Northern R. R. Co. 25 
 Vt. 715, 719; Welch v. Tenent, 4 Cal. 203; Ladd v. Tudor, 3 
 W. & M. 325. No suit can be removed in which a State is a 
 party. New Jersey v. Babcock, 4 Wash. C. C. 341. After the 
 proper steps for removal, any subsequent proceedings in the State 
 courts are illegal. Gordon v. Longest, 16 Pet. 97; 1 Kent s 
 Com. 295. 
 
 SEC. II. [1.] The judicial power shall extend to all 
 cases, in law and equity, arising under this Constitu 
 tion, the laws of the United States, and treaties made, 
 or which shall be made under their authority ; to all 
 cases affecting ambassadors, other public ministers, 
 and consuls ; to all cases of admiralty and maritime 
 jurisdiction ; to controversies to which the United 
 States shall be a party ; to controversies between two 
 or more States; between a State and citizens of 
 another State ; between citizens of different States ; 
 between citizens of the same State, claiming lands 
 under grants of different States, and between a State, 
 or the citizens thereof, and foreign States, citizens 
 or subjects. 
 
 199. JUDICIAL POWER, as contradistinguished from legislative 
 power and executive power, is the power to hear and determine 
 ~ a ^ tne cases f ^ aw an( * ^ act ; which arise between the government 
 and parties, or between parties, under this Constitution, the law 
 of nations, and the laws and treaties of the United States, which 
 shall be legally brought within the cognizance and jurisdiction of 
 any of the courts or judicial tribunals established under the Consti 
 tution. It was intended to bo a separate department of the 
 government, possessing all the "judicial power" of the national 
 government except upon the single jurisdiction of impeachment. 
 Not a power to control the other departments of the government 
 in their official actions, but to act independently of them under the 
 Constitution and laws. 
 
 But the judicial power does not extend to all questions which 
 arise under the Constitution, laws, and treaties, because many of 
 
Cl. 1.] JUDICIAL POWERS, 199. 195 
 
 these aro political, and have to be solved by other departments of 
 the government. Thus: 
 
 " TREATIES." "Where the title to property depended on tho Has the 
 question, whether the land was within a cession by treaty to the J iu ] ic | ar y 
 United States, after our government, legislative and executive. Btruction of 
 had claimed jurisdiction over it, the courts must consider that all treaties, 
 question as .1 political one, the decision of which having been made or what i3 
 in this manner, they must conform to it. (Foster v. Neilson. 2 Pet. J-g ^ 
 309; United States v. Arredondo, 6 Pet. 711, 712; Garcia v. 
 Leo, 12 Pet. 520, 521 ; Williamson v. Suffolk Ins. Co., 13 Pot. 441, 
 920.) Luther v. Borden, 7 How. 56. 
 
 So the protection of the Indians in their possessions seems to be As to tho 
 a political question. (Cherokee Nation v. Georgia, 5 Pet. 20.) Id. jjjj" 1 * 
 
 So as to State boundaries, unless agreed to be settled, as a judicial s u \to boun- 
 question. (Rhode Island v. Massachusetts. 12 Pet. 736, 738; claries ?_ 
 Garcia v. Lee. Id. 520.) Id. And they have agreed upon this 1S)5 
 court to settle such questions. "Rhode Island v. Massachusetts, 1 2 2 ? 4 - 
 Pet. 737. And so of foreign treaties, as to confiscations. (Barclay 
 v. Russel, 3 Ves. 424, 434.) Id. And generally as to political 
 treaties. (Carnatic v. The East India Company, 2 Ves. jr. 56.) 
 Luther v. Borden, 7 How. 56. So as to which must be regarded 
 as the rightful government abroad between two contending parties, As to revo- 
 is never settled by tho judiciary, but is left to the general govern- lutions? 
 ment. (The Cherokee Nation v. Georgia, 5 Pet. 50 ; Williams v. 
 Suffolk Ins. Co. 13 Pet. 419; Rose v. Himley, 4 Cr. 241; United 
 States v. Palmer, 3 Wheat. 634 ; Gilston v. Hoy t, Id. 246 ; The 
 Divina Pastora, 4 Wheat. 64.) Luther v. Borden, 7 How. 56, 57. 
 
 The same rule has been applied in a contest as to which is the 283, 235. 
 true Constitution, between two, or which possesses the true legis 
 lative power in one of our own States. (Scott v. Jones, 5 How. 
 374.) Luther v. Borden, 7 How. 57. 
 
 Congress is the legislative department of the government; the 110. 
 President is the executive department. Neither can be restrained 195. 
 in its action by the judicial department ; though the acts of both, 
 when performed, are, in proper cases, subject to its cognizance. 
 Mississippi v. Johnson, 4 Wall. 500. 
 
 A CASE arises, within the meaning of the Constitution, Define a 
 whenever any question respecting the Constitution, laws, or treaties ease? 
 of the United States, has assumed such a form, that the judicial ]|g 210 
 power is capable of acting on it. Osborn v. United States Bank, 9 2t>3, 264*. 
 Wh. 819; Jones v. Seward, 41 Barb. 272; Curtis Com. 7; 
 partc Milligan, 4 Wallace, 112, 114. LAW, in this article, and 
 COMMON LAW. in the seventh amendment, mean the same thing; 
 that is, not merely suits which the common law recognized among 
 its old and settled proceedings, but suits in which legal rights were 
 to be ascertained and determined in contradistinction to those- 
 where equitable rights are administered. (Parsons v. Bedford, 3 
 Pet. 447.) Fenn v. Holmes, 21 How. 486 (cites Strother v. Lucas, 
 6 Pet. 768; Parish v. Ellis, 16 Pet. 453-4 ; and Bennett v. Butter- 
 worth, 11 How. 669). And see Sheirburne v. De Cordova, 24 
 How. 423. Or, where the proceeding is in the admiralty. Parsons 
 v. Bedford, 3 Pet. 447.; Robinson v. Campbell, 3 Wh. 212. Tlio 
 
196 
 
 JUDICIAL CASES, 200, 201. [Art. Ill, Sec. 2, 
 
 action of ejectment, or trespass to try title, cannot be supported on 
 the common-law side of the United States Court, upon the inchoate 
 titles recognized by the State statutes. Fenn v. Holmes, 21 How. 
 481 ; Hooper v. Scheimer, 23 Id. 249; Sheirburne v. De Cordova, 
 24 Id. 423. 
 
 This class of cases is without reference to who are the parties. 
 Curtis Com. 3-17. See Van Ness v. Packard, 2 Pet. 137, 144; 
 Wheaton v. Peters, 8 Pet. 591 ; Terrett v. Taylor, 9 Cr. 43 ; Town 
 of Pawlet T. Clarke, Id. 292. 
 
 When con- But a " CASE " can only be considered when the subject is sub- 
 Bidered ? mitted to it by a party who asserts his rights in the form prescribed 
 by law. (Osborn v. Bank of the United States, 9 Wh. 819.) Curtis 
 Com. 7. And see Robinson v. Campbell, 2 Wh. 212, 221, 223; 
 Parsons y. Bedford, 3 Pet. 433, 446, 447. That is, there must bo a 
 judicial proceeding. Curtis Com. 10, 11 ; Osborn v. Bank of 
 United States, 9 Wheat. 738, 819, 821. 
 
 The record must show that the Constitution or some law or 
 treaty was drawn in question. (Lawter v. Walker, 12 How. 149; 
 Mills v. Brown, 16 Pet. 525.) Railroad Co. v. Rock, 4 Wall. 180. 
 
 And under the 25th section of the judiciary act, the decision must 
 be against the validity of the act, treaty, or Constitution ; not in 
 favor of it. Ryan v. Thomas, 604. 
 
 20. BY "CASES IN EQUITY," are to be understood suits in 
 which relief is sought according to the principles and practice of the 
 equity jurisdiction as established in English jurisprudence. Robin 
 son v. Campbell, 3 Wh. 222-3; United States v. Howland, 4 Id. 
 108 ; Lanman v. Clark, 2 McLean, 570-1 ; Lanman v. Clark, 4 Id. 
 18; Gordon v. Hobart, 2 Sumn. 401; Pratt v. Northam, 5 Mas. 
 95 ; Cropper v. Coburn, 2 Curtis C. C. 465. And see 1 Curtis 
 What is the Cora. 7-9, 19a-30. The true test of equity jurisdiction is, 
 true test of whether there is a plain, adequate, and complete remedy at law in 
 the same courts. United States v. Howland, 4 Wheat. 108; 
 Boyce s Executors v. Grundy, 3 Pet. 210, 215 ; Gould v. Gould, 3 
 Story R. 516, 536; Gaines v. Chew, 2 How. 619, 645; Williams v. 
 Benedict, 8 How. 107 ; Curtis Com. 23-38. Not according to 
 the practice of the State courts, but the distinctions in England. 
 Robinson v. Campbell, 3 Wheat. 222, 223. 
 
 2O1 . A CASE is said to "ARISE " under the Constitution or laws 
 of the United States, whenever its correct decision depends on the 
 construction of either. Coheu^ v. Virginia, 6 Wh. 379. A bill in 
 equity to enforce a specific performance of a contract to convey a 
 patent, is not a " case arising under the laws of the United States " 
 as to patents, so as alone to give jurisdiction to its Courts. Nes- 
 mith v. Calvert, 1 W. & M. 34. A case in admiralty, is not a case 
 arising under the Constitution, but the jurisdiction is as old as 
 admiralty itself. The Amer. Ins. Co. v. Canter, 1 Pet. 545. This 
 article is reconcilable with the 5th amendment, and the several ju 
 diciary acts on the subject of trial by jury. Parsons v. Bedford, 3 
 Pet. 444; Story s Const. 1645; Chisholm v. Georgia, 2 Dall. 419, 
 433, 437 ; S. C., 635, 640, 642. 
 
 A "CASE "is a controversy between parties which has taken a 
 
 Define a 
 case in 
 equity? 
 199. 
 
 equity juris 
 diction? 
 
 "When does 
 a case 
 arise? 
 
 108. 
 
 255-259. 
 
 What is 
 ft case ? 
 
Cl. 1.] AMBASSADOES ADMIEALTY, 202, 203. 197 
 
 shape for judicial decision. Marshall s speech, 5 Wheat. App. 1 6, 199. 
 17 ; Osborn v. Bank of United States, 9 Wheat. 819. A CASE is a suit 
 in law or equity, instituted according to a regular course of judicial 121-p. 124. 
 proceedings ; and when it involves any question arising under the 
 Constitution, treaties, or laws of the United States, it is within the 
 judicial power conlided to the Union. (See 1 Tuck. Black. Com. 
 418-420; Madison s Virginia resolutions and report, January, 1800, 
 p. 28; Marbury v. Madison, 1 Cr. 137, 173, 174; Owing v. Nor 
 wood, 5 Cr. 344; 2 Elliot s Debates, 418, 419; Martin v. Hunter, 
 1 Wheat. 304; Cohens T. Virginia, 6 Wheat. 264, 378-392.) 
 Story s Const. 1647-1656. It consists of the right of the one 
 party as well as the other. Cohens v. Virginia, 6 Wheat. 379. 
 
 202. u IN ALL CASES AFFECTING AMBASSADORS, OTHER PUBLIC How are 
 
 MINISTERS AND CONSULS." These classes are usually distinguished foreign 
 in diplomacy : 1. AMBASSADORS, who are the highest order, who are tfve s dassi- 
 considered as personally representing their sovereigns ; 2. ENVOYS fied ? 
 EXTRAORDINARY AND MINISTERS PLENIPOTENTIARY ; 3. MINISTERS 180, 181, 210. 
 HESIDENT, AND MINISTERS CHARGE D AFFAIRES. Mere charges 
 d affaires are deemed of still lower rank. Dr. Liebers Encyc. Am. 
 Art. MINISTERS, FOREIGN: Vattel, B. 4 chap. 6, 71-74. And 
 see Schooner Exchange y. McFadden, 7 Cr. 11 G, 138; Story s 
 Const. 1658, 3d ed. 494. note 1. Whatever their rank and grade 
 public ministers of every class are the immediate representatives 
 of their sovereigns. Id. 
 
 The federal courts have jurisdiction of all suits " affecting " Is it ncces- 
 public ministers, although they may not be parties to the record. s r . v ftey 
 Osborn v. United States Bank, 9 Wh. 854-5. See United States v. JJ^JJ to 
 Ortega, 11 Wh. 467 ; United States v. Ravara, 2 Dall ; 297, S. C., 4 the record? 
 Wash. C. C. 531. The recognition of the executive of the United 
 States is conclusive as to the public character of the party. Dupont 
 v. Pichon, 4 Dall. 321 ; United States v. Ortega, 4 Wash. C. C. 
 531 ; Curtis Com. 31-35 ; Story s Const. 1660-1662, notes to 
 3ded. 
 
 203. " ADMIRALTY AND MARITIME JURISDICTION." The cases what is 
 are: 1. Captures made jure belli upon certain waters, and all admiralty- 
 questions of prize and other incidents arising therefrom ; 2. tilnJ^uris- 
 Crimes and offenses against the laws of the United States com- diction? 
 mitted upon the same waters ; 3. Civil acts, torts, and injuries no-116. 
 committed upon the same waters not under claim or color of exer 
 cising the rights of war, as assaults and personal injuries; col 
 lisions of ships, illegal seizures, or depredations upon property; . "- 
 illegal dispossession of ships, seizures for breaches of revenue 
 
 laws, and salvage services. Curtis Com. 37 ; and see same, 
 38-52; Marshall s Speech, 5 Wheat. App. 16; Martin v. Hun 
 ter, 1 Wheat. 335; Story s Const. 1666, 1669, 3d ed., note 1; 
 Abbott on Shipping, P. 2, chap. 4, pp. 132-138, and notes to 
 American editions ; 1 Kent s Com. Lect. XVII., pp. 342-352, and 
 notes. But the torts must be upon the navigable waters, and not 
 partly on land. (Thomas v. Lane, 2 Sumner, 9 ; The Huntress, 
 Davies, 85 ; United States v. MoGill, 1 Wash. C. C. 463 ; s. C., 4 
 Dall. 346; Plumer v. Webb, 4 Mas. 383, 384,) The Plymouth, 3 
 Wall. 333, 334. 
 
198 ADMIRALTY, 203. Art. III., Sec. 2., 
 
 How far The Admiralty clause embraces what was known and under- 
 
 fortadtotion stooci m tbe United States, as the admiralty and maritime juris- 
 
 extend diction, at the time when the Constitution was adopted. Gkmesee 
 
 Chief v. Fitzhugh, 12 How. 443; New Jersey Steam Navigation 
 
 Co. v. Merchants Bank, 6 Id. 244; Waring v. Clark, 8 Id. 441; 
 
 Tunno v. The Betsina, 5 Am. L. R., 408 : The Huntress, Davies, 
 
 83. And also extends the power so as to cover every expansion 
 
 of jurisdiction. Waring v. Clarke, 5 How. 458. 
 
 "Why was The word " maritime " was added to guard against any narrow 
 maritime interpretation of the preceding word "admiralty." Story s Const 
 1666. In Hine v. Trevor, 4 Wall. 561-569, Mr. Justice Miller 
 reviewed the steamboat Thomas Jefferson, 10 Wh. 428; The 
 steamboat Orleans, 11 Pet. 175; Warring v. Clark, 8 How. 441; 
 The Genesee Chief, 12 How. 457 (which overruled the finst two); 
 Fritz v. Bull, 12 How; The Moses Taylor, 4 Wall. 411; The 
 statute of 1845, 5 St. 726; of 1789, 1 St. 77, and deduced the fol 
 lowing rules : 
 
 "What was 1. The admiralty jurisdiction is not limited to tide water, but 
 anddiSm covers tho entire navigable waters of the United States; 2. The 
 o admiralty original jurisdiction in admiralty, exercised by the district courts, 
 jurisdic- by virtue of the act of 1789, is exclusive, not only of the federal 
 lion? courts, but of the State courts also; 3. The jurisdiction of admi 
 
 ralty causes arising on the interior waters of the United States, 
 other than the lakes and their connecting waters, is conferred by 
 the Act of September 24th, 1789 ; 4. The admiralty jurisdiction 
 exercised by the same courts, on the lakes, and the waters con 
 necting those lakes, is governed by the Act of 3d February, 1845; 
 5. The Acts of the State legislatures, which virtually give admiralty 
 remedies on the navigable rivers, are unconstitutional and void. 
 4 Wall. 569. 
 
 Since the case of the Genesee Chief (12 How. 457), navigable 
 waters may be substituted for tide-waters. The Plymouth, 3 
 Wall. 34. 
 
 Enumerate The jurisdiction of the admiralty courts in this country, at the 
 some of the time of the Revolution, and for a century before, was more exten 
 sive than tho high court of admiralty in England. Paschal s An 
 notated Digest, note 89 ; The Genesee Chief, 12 How. 455. This 
 jurisdiction extends to the navigable lakes and rivers of the 
 United States, without regard to the ebb and flow of the tides of 
 the ocean. Genesee Chief v. Fitzhugh, 12 How. 443. It em 
 braces all maritime contracts, wheresoever the same may be made 
 or executed, and whatever may be the form of the stipulations ; 
 and also all torts and injuries committed upon waters within its 
 jurisdiction. De Lovio v. Boit, 2 Gall. 398 ; Gloucester Ins. Co. v. 
 Younger, 2 Curt. C. C. 322 ; Philadelphia <fe Havre de Grace Tow- 
 boat Co. v. Philadelphia, Wilmington & Baltimore Railroad Co. 5 
 Am. L. R. 280. All crimes and offenses against the laws of the 
 United States. Corfield v. Coryell, 4 Wash. C. C. 371; Unite! 
 States v. Bevans, 3 Wh. 336. And all cases of seizures for 
 breaches of the revenue laws, and those made in the exercise of 
 the rights of war. The Vengeance. 3 Ball. 297 ; The Sally, 2 Cr. 
 406; The New Jersey Steam Navigation Co. v. Merchants Bank, 6 
 How. 341 Another class of cases, in which jurisdiction has 
 
01. 1.] UNITED STATES AND STATES, 204, 205. 199 
 
 always been exercised by the admiralty courts in this country, but 
 which is denied in England, are suits by ship-carpenters and 
 material-men, for repairs and necessaries made aud furnished to 
 ships, whether foreign, or in the port of a State to which they do 
 not belong, or in the home port, if the municipal laws give a lien 
 for the work and materials. Gardner v. The New Jersey, 1 Pet. 
 Adm. 227 ; Stevens v. The Sandwich, Id. 233, n. ; Zano v. The 
 Brig President, 4 Wash. C. C. 453; The Ship Robert Fulton, 1 
 Paine, 620 ; Davis v. A New Brig, Gilp. 473 ; The General Smith, 
 4 Wh. 438; Wick v. The Samuel Strong, 6 McLean, 590; Curtis 
 Com. 36-52. 
 
 The jurisdiction extends to the seizure of cotton upon rivers in 117, 118. 
 the States in rebellion. Mrs. Alexander s Cotton, 2 Wall. 419. 
 But cotton seized upon land could not be the subject of lawful 
 prize, although it was subject to capture, notwithstanding it was 
 private property. Id. 
 
 201. "CONTROVERSIES TO WHICH THE UNITED STATES SHALL BE Where is 
 A PARTY." 1. The jurisdiction is not conferred upon any particular thejuris- 
 court ; Congress must therefore designate the tribunal ; 2. Cogni- w ,-hen > he 
 zance is not given of all controversies, but only of some ; 3. " Con- United 
 troversies " seem to embrace only civil suits. Cohens v. Vir- States is a 
 ginia, 6 Wheat. 264, 411, 412; Story s Const. 1674-1681; Curtis party? 
 Com. 56, 57. 
 
 The United States can only be sued in cases where it has con- When can 
 sented to be sued by act of Congress. Curtis Com. 57 ; Story s t , he United 
 Const. 1677, 1678. As in suits for the confirmation of land j^jfj bo 
 grants and in the Court of Claims. Curtis Com. 100-102. 
 
 A suit against the President to prevent the enforcement of the 
 reconstruction laws, was held to be a suit against the executive 
 of the United States, and dismissed for want of jurisdiction. Mis 
 sissippi v. Johnson, 4 WaD. 498. Georgia v. Stanton, 6 Wall. 000. 
 
 205. " To CONTROVERSIES BETWEEN TWO OR MORE STATES." 
 This means States of the Union. 
 
 This clause about suits between States, includes a suit brought what may 
 by one State against another, to determine a question of disputed |> e included 
 boundary. Rhode Island v. Massachusetts, 12 Pet. 657 ; Alabama J^f,,^ 
 v. Georgia, 23 How. 510. And only applies to those States that State I 
 are members of the Uuion, and to public bodies owing obedience s, 9, 223- 
 and conformity to its Constitution and laws. Scott v. Jones, 5 228. 
 How. 377. And a State is within the operation of this clause only 
 when it is a party to the record, as a plaintiff or defendant, in its 
 political capacity. Osborn v. United States Bank, 9 Wheat. 738; 
 1 Curtis Com. 59, 63. The Cherokee nation is not a State, within 
 the meaning of the Constitution, either foreign or domestic nor 
 had it the right to sue Georgia before the Supreme Court of the 
 United States. The Cherokee Nation v. Georgia, 5 Pet. 1, 16- 
 20. 
 
 As early as 1792, this court exercised original jurisdiction, with 
 out any further legislation than the act of 1789. (Brailsford v. 
 Georgia, 2 Ball 402, 415; Oswald v. Georgia, Ball.; Chisholm 
 v. Georgia, 2 Dall. 419, 478 ; New Jersey v. New York, 5 Pet. 
 
200 
 
 STATES AND CITIZENS, 205. [Art. TIL, Sec. 2. 
 
 Upon whom 284 ; Grayson v. Virginia, 3 Dall. 320.) These cases settle 
 ^recess*!) 6 ^ iat ^ e process should be served upon the chief executive and 
 served 8 ? attorney-general of the State. Kentucky v. Ohio, 24 How. 96-7. 
 Where the governor sues or is sued, in his official capacity, if is 
 a suit by or against the State. Id. 97, 99; Governor of Georgia 
 v. Madrazo, 1 Pet. 110. A mandamus is an ordinary process to 
 which a State is entitled, where it is applicable. (Kendall v. The 
 United States, 12 Pet. 615 ; Kendall v. Stokes, 3 How. 100.) Ken 
 tucky v. Ohio, 24 How. 97-8. 
 
 For the necessity of this jurisdiction, see Federalist, No. 80; Kent s 
 Com. Lect. 14; Chisholm v. Georgia, 2 Dall. 437-445; Sergeant s 
 Const. Introduction, 11-16; New York v. Connecticut, 4 Dall. 3; 
 Fowler v. Lindsay, 3 Dall. 411 ; 3 Elliot s Debates, 281 ; 2 Elliot s 
 Debates, 418; Penn v. Lord Baltimore, 1 Vesey, 444; Story s 
 Const. 80, 489, 1679-1681; 1 Chalm. Annals, 480-490. 
 
 The jurisdiction is a necessity to prevent a resort to the sword. 
 Story s Const. 1681. See Ableman v. Booth, 21 How. 506; 
 Curtis Com. 60-70. 
 
 A State obtained an injunction to prevent the construction of a 
 bridge which would impede the navigation of the Ohio River. 
 Pennsylvania v. Wheeling & Belmont Bridge Co. 13 How. 518. 
 271,212. The llth article of the amendments has forbidden suits by indi 
 vidual citizens against the States. 
 
 If the judicial power does not extend to all controversies between 
 States, it excludes none. Rhode Island v. Massachusetts, 12 Pet. 
 657 ; Curtis Com. CO. 
 
 Its mere interest in a corporation will not oust the jurisdiction, 
 U. S. Bank v. Planters Bank, 9 Wheat. 904, 966 ; Curtis Com. 
 66. See also Bank of the Commonwealth of Kentucky v. Wistar, 
 2 Pet. 318. 
 
 It seems the court will look into the interest of the State, where 
 it claims to be a party. Pennsylvania v. Wheeling Bridge Co. 13 
 How. 518, 539; Curtis Com. 70. 
 
 205, 203. 
 811, 271, 
 272. 
 
 Can a 
 
 2O5a. " BETWEEN A STATE AND THE CITIZENS or ANOTHER 
 STATE." Before the eleventh amendment (1793), it was held, that 
 this authorized suits to be brought against, as well as by States, 
 where the plaintiff was a citizen of another State. Chisholm v. 
 Georgia, 2 Dall. 419-478; Cohens v. Virginia, 6 Wheat. 406; 
 Curtis Com. 60. 
 
 But this power of a citizen to sue a State is removed by the 
 citizen sno a eleventh amendment. For the history and object of the amerid- 
 271*272. ment, see Cohens v. Virginia, 6 Wheat. 406 et stq.: Curtis Com. 
 62. But where a State recovers a judgment against a citizen a 
 writ of error will still lie. Id. ; Cohens v. Virginia, 6 Wheat. 409. 
 When is a A State is within the operation of this original clause of the 
 th Ste 7 i { bin Constitution, only when it is a party to the record, as plaintiff or 
 fjj defendant, in its political capacity. Osborn v. Bank of United 
 States, 9 Wheat. 738 ; Curtis Com. 63-65. New York v. Con 
 necticut, 4 Dall. 3; Story s Const. 1680, 1681. 
 
 Where a State is a party to the record, the question of jurisdic 
 tion is decided by inspection. Id. 
 
 The State is only a party when it is on the record as such. 
 
01. 1.] CITIZEN S OF STATES, 206. 201 
 
 (Fowler v. Lindsay, 3 Ball. 411, 415; S. C. 1 Pet. Com. 190, 191 ; 
 New York v. Connecticut, 4 Ball. 1-6 ; United States v. Peters, 5 
 Cr. 115, 139; 1 Kent 3 Com. Lect. 15, p. 302.) Story s Const. 
 1685. 
 
 2O6. " CONTROVERSIES BETWEEN CITIZENS OF DIFFERENT STATES." Contro- 
 "CONTROVERSIES" is synonymous with civil suits. Curtis v ** es? 
 Com. 73. It may be deduced : 1. That they are all citizens of wJoari 
 the United States, who are domiciliated in a State ; (Scott v. Sand- citizens of a 
 ford, 19 How. 393.) 2. And they are suits where one party is a s * ate 
 citizen of one State, and the other a citizen of another. Curtis j jg^ 220- 
 Coin. 73. The situation of the parties, rather than their char- 22-2. 
 acters determines the jurisdiction. Id. At the commencement of What deter- 
 the suit. Connoly v. Taylor, 2 Peters, 556, 564. jSfidtoiEn! 
 
 This clause does not embrace cases where one of the parties is What docs 
 a citizen of a territory, or of the Bistrict of Columbia. Hartshorn citizenship 
 v. Wright, Peters C. C. 64 ; Scott v. Jones, 5 How. 377 ; Hepburn fjjPjg 
 v. Elszey, 2 Cr. 445 ; Corporation of New Orleans v. Winter, 1 170, 220! 
 Wh. 91 ; G-assies v. Ballon, 6 Pet. 761; 1 Kent s Com. Lect. 17, p. 2 74. 
 360; Story s Const. 169, J, 1694; Curtis Com. 77. Citizen- 
 ship, when spoken of in the Constitution, in reference to the juris 
 diction of the federal courts, means nothing more than resi 
 dence. Lessee of Cooper v. Gralbraith. 3 Wash. C. C. 546 ; Gassies 
 v. Ballou, 6 Pet. 761; Shelton v. Tiffin, 6 How. 163; Lessee 
 of Butler v- Farnsworth, 4 Wash. C. C. 101. But a free negro 
 of the African race, whose ancestors were brought to this country 
 and sold as slaves, is not a citizen within the meaning of the 
 Constitution, nor entitled to sue in that character in the federal 274. 
 courts. Scott v. Saridford, 19 How. 393-4. But see the Civil 
 Rights Bill, note 6, p. 55 ; 14 St. p. 27, 1 ; Paschal s Annotated 
 Bigest, Art. 5382. A corporation created by, and transacting busi 
 ness in a State, is to be deemed an inhabitant of the State, capable 
 of being treated as a citizen, for all purposes of suing and being 222. 
 sued. Louisville R. R. Co. v. Letson, 2 How. 497 ; Marshall v. 
 Baltimore & Ohio R. R. Co. 16 Id. 314; Wheeden v. Camden & 
 Amboy R. R. Co. 4 Am. L. R. 296. The judiciary act confines the 
 jurisdiction, on the ground of citizenship, to cases where the suit 
 is between a citizen of a State and a citizen of another State ; and, 
 although the Constitution gives a broader extent to the judicial 
 power, the actual juiisdiction of the circuit courts is governed by 
 the act of Congress. Moffiit v. Soley, 2 Paine, 103; Hubbard v. 
 Northern R. R. Co. 25 Vt. 715. So, too, in the same act, there 
 is an exception, that where suit is brought in favor of an assignee, 
 there shall be no jurisdiction, unless suit could have been brought 
 in the courts of the Uuited States, had no assignment been made. 
 This is a restriction on the jurisdiction conferred by the Constitution; 
 and yet this provision has been sustained by the Supreme Court 
 since its organization. Assignee of Brainard v. Williams, 4 Mc 
 Lean, 122 ; Sheldon v. Sill, 8 How. 441. The Constitution has de 
 fined the limits of the judicial power, but has not prescribed how 
 much of it shall be exercised by the circuit courts. Turner v. 
 Bank of North America, 4 Ball. 10; Mclntyre v. Wood, 7 Cr. 506 ; 
 Kendall v. Uuited States, 12 Pet. 616; Gary v. Curtis 3 How. 245. 
 9* 
 
202 
 
 CITIZENS OF STATES, 206. [Art. III., Sec. 2, 
 
 How must 
 the citizen 
 ship be 
 averred ? 
 
 What is 
 the extent 
 of the 
 jurisdic 
 tion ? 
 
 Can a corpo 
 ration bo a 
 citizen ? 
 
 It is well understood by those experienced in the jurisprudence of 
 the United States, that Congress lias conferred upon the federal 
 courts but a portion of the jurisdiction contemplated by the Con 
 stitution. Clarke v. City of Jane.sville, 4 Am. L. R/593. Tho 
 plaintiffs should distinctly aver that they are citizens of different 
 States; and in the absence of such averment, the judgment will be 
 reversed for want of jurisdiction. (Biugham v. Cabott, 3 Dall. 382 ; 
 Jackson v. Ashton, 8 Pet. 1 4=8 ; Capron v. Van Noorden, 2 Cr. 
 126; Montalet v. Murray, 4 Cr. 46.) Scott v. Sand ford, 19 How. 
 420. Curtis Com. 79. note 4. But if the citizenship be denied, 
 it should be by plea in abatement, or it should otherwise appear in 
 the record. Id. See 1 Brightly s Dig. p. 126. sec. 17, and notes 
 thereon. The Constitution of the Confederate States omitted this 
 jurisdiction. Paschal s Annotated Dig. p. 92. In other respects it 
 corresponded to this section and the eleventh amendment. Id. 
 
 The citizenship must be expressly averred, or the facts which 
 constitute it must be set forth. (Turuer v. Bank of North America, 
 4 Dall. 8 ; Montalet v. Murray, 4 Cr. 46 ; Bailey v. Dozier, 6 How. 
 23.) Curtis Com. 78. 
 
 Seethe Judiciary Act of September 24. 1789, 1 St. 78; 1 Bright 
 ly s Digest, p. 126 and notes. 
 
 The Judiciary Act of 1789 limited jurisdiction of national courts 
 so far as they are determined by citizenship, "to suits between 
 a citizen of the State in which the suit is brought and a citizen ol 
 another State," and except in relation to revenue cases this limi 
 tation remains unchanged. Ins. Co. v. Ritchie, 5 Wall. 542. In 
 consequence of nullification the jurisdiction was extended to "all 
 cases in law or equity arising under the revenue laws of the 
 United States for which other provisions have not already been 
 made." (4 Stat. 632.) Id. And by this act many suits brought in 
 the State courts were removed into the circuit courts (Elliott v. 
 Swartwout, 10 Pet. 137 ; Bend v. Hoyt, 13 Pet. 267); Ins. Co. v. 
 Ritchie, 5 Wall. 542. The fiftieth section of the Internal Revenue Act 
 of 1854 extended the act of 1833 to all cases arising under the laws 
 for the collection of internal duties. (12 Stat. 241.) Id. But the 
 act of I860 repealed the fiftieth section aforesaid, without any 
 saving of such causes as were then pending, and said that " the 
 act of 1833 shall not be so construed as to apply to cases arising 
 under act of 1864," &c. This ousted jurisdiction in the causes 
 then pending. Id. When the jurisdiction of a cause depends 
 upon a statute, the repeal of which takes away the jurisdiction, or 
 it is prohibited by a subsequent statute, it can no longer be exer 
 cised. (Rex v. Justices of London, 3 Burrow, 1456 ; Norris v. 
 Crocker, 13 How. 229.) Ins. Co. v. Ritchie, 5 Wall. 544. But 
 where the case would be removable under the new provision, and 
 it is the opinion of the circuit judge that it ought to be retained, 
 the jurisdiction is not lost. City of Philadelphia v. Collector, 4 
 Wall 720-30. 
 
 As respects the proof of the residence or dorniciliation to consti 
 tute citizenship, see Shelton. v. Tiffin, 6 Ho\v. 1G3, 185 
 
 A corporation, whose members are citizens of a different State 
 from the other party, is a citizen of a different State. Hope lus. 
 
01. 1.] CITIZENS ALIENS, 207-209. 203 
 
 Co. v. Boardman. 5 Cr. 57 ; Bank of United States v. Devaux, 5 207, 220, 221 
 Or. 61 ; United States v. Planters Bank, 9 Wheat. 410 ; Story s 
 Const. 1695; Curtis Cora. 76, 78. The doctrine is to be 
 extended to its creation and place of business. The Commercial 
 & Railroad Bank of Vicksburg v. Slocomb, 14 Pet. 60. 
 
 207. " BETWEEN CITIZEN S OP THE SAME STATE CLAIMING What is a 
 LANDS UNDER GRANTS OF DIFFERENT STATES." A grant of land g ntnt ? 
 is a title emanating from the sovereignty of the soil. 
 
 Cases of grants made by different States are within the jurisdic- When aro 
 tion, notwithstanding one of the States, at the time of the first ra . nts by 
 grant, was part of the other. Town of Pawlet v. Clark, 9 Cr. 292. sJJ^af * 
 It is the grant which passes the legal title; and if the controversy 
 is founded upon the conflicting grants of different States, the fed 
 eral courts have jurisdiction, whatever may have been the prior 
 equitable title of the parties. Colson v. Lewis, 2 Wh. 377. Not 
 withstanding one State may have originally covered the territory 
 of both. The question is, have the grants been made by different 
 States? Id.; Curtis Com. 80. 
 
 2O. " CONTROVERSIES BETWEEN A STATE OR THE CITIZENS 205, 205<t, 
 
 THEREOF, AND FOREIGN STATES, CITIZENS, OR SUBJECTS." This ^J- 
 
 was intended to give cognizance to the federal judiciary where the object of 
 foreign States, or individual foreigners, are parties. See Chappe- this provi- 
 delaine v. De Chenaux, 4 Cr. 306, 308 ; Brown v. Strode, 5 Cr. 303. sion? 
 
 An Indian tribe, or nation, within the United States, is not a Is an Indian 
 " foreign State," within the meaning of this clause. Cherokee tril> ? a 
 Nation v.. Georgia, 5 Pet. 1. See this case for a definition of the slatlf? 1 
 relations of the Cherokees, as a dependent subordinate State. The 
 very term "nation," so generally applied to them, means "a peo- 91, 
 pie distinct from others." Worcester v. Georgia, 6 Pet. 619. 
 
 209. " FOREIGN CITIZENS OR SUBJECTS." If the party to the What aliens 
 record be an alien, he is within this clause, whether he sue in caasue? 
 his own right, or as trusr,ee, if he has a substantive interest as a 
 trustee. Chappedelaine v. De Chenaux, 4 Cr. 306. And if the 
 nominal plaintiff, although a citizen, sue for the use of an alien, 
 who is the real party in interest, the case is within the jurisdic- Suppose a 
 tion. Browne v. Strode, 5 Id. 303. A foreign corporation is an I10I ? lin .^ 
 alien for this purpose. Society for the Propagation of the Gospel Jie SJ an 
 v. Town of New Haven, 8 Wh. 464. Possibly enlarged to creation alien ? 
 and residence. Commercial & Railroad Bank of Vicksburg v. Slo- 206, 220, 221. 
 comb, 14 Pet. 60; Curtis Com. 81. 
 
 The opposite party must be a citizen, and this must appear from Is there 
 the record. Jackson v. Tweutyman, 2 Pet. 136. where both 
 
 A mere declaration of intention to become a citizen, under the JJ^ttea aro 
 naturalization laws, is not sufficient to prevent an alien from being aliens? 
 regarded as a foreign subject, within the meaning of this clause. 
 Baird v. Byre, 3 Wall. Jr. 
 
 An alien is a stranger born; a person born in another or 6, 18, 93, 220. 
 foreign country, as distinguished from a native or natural born who arc 
 citizen or subject. In English law, born out of the legiance or aliens? 
 allegiance of the king. Co. Litt. 128, 129ci; 7 Co. 31 ; 1 Bl. 
 Com. 366, 373; 2 Steph. Com. 426-429. In American law, 
 
204 
 
 JURISDICTION, 210. [Art. III., Sec. 2, 
 
 Jl.ver 
 
 estate? 
 
 What are 
 the aliens 
 rights to 
 take and 
 hold? 
 
 274. one born out of the jurisdiction of the United States ; 2 Kent 3 
 
 Com. 50 ; Burrill s Law Die., ALIEN". 
 
 What are At common law an alien cannot maintain a real action or one for 
 the rights of the recovery of real estate. (Co. Litt. 129 ; Shepherd s Touchstone, 
 204; Roscoe on Real Actions, 197; Littleton, 198.) White v. 
 Sabariego, 23 Tex. 246. 
 
 And see Jones v. McMasters, 20 How. 8, 20, 21 ; Paschal s An 
 notated Digest, notes 147-150, 237-240; 1168-ll70a, and the 
 numerous cases upon the rights of aliens there cited. Lanfear v. 
 Hunly, 4 Wall. 209; McDonough v. Millandon, 3 How. 707; 
 Semple v. Hagar, 4 Wall. 433, 434; 1 Daniel, ch. 53; Bayes v. 
 Hogg, 1 Hayw. 485; Orser v. Hoag, 3 Hill, 79. 
 
 But an alien may take lands and may hold them against every 
 person except the king, and against the king until inquisition of 
 office. And if the alien be naturalized, before seizure by the gov 
 ernment, the alien s title vests absolutely, and by relation relates 
 back to the date of the purchase. Fairfax v. Hunter, 7 Cr. 603 ; 
 Cox v. Mcllvaine, 2 Cond. 86; Chirac v. Chirac, 2 Wheat. 259; 
 Hughes v. Edwards, 9 Wheat. 489; Carneal v. Banks, 10 Wheat. 
 181 ; Jackson v. Clarke, 3 Wheat. 1 ; Craig v. Leslie, 3 Wheat. 
 563, 589; Craig v. Radford, 3 Wheat. 594; Orr v. Hodgson, 4 
 Wheat. 453; Fox v. Southack, 12 Mass. 148; Jackson v. Adams, 
 7 Wend. 376; Jackson ex dem. Culverhouse v. Beach, 1 John s 
 Cases. 399; S. C. 4 Johns. 75; Bradwell v. Weeks, 1 Johns. 206; 
 Moore v. White, 6 Johns. Chan. 360 ; Cross v. De Valla, 1 Wall. 13 ; 
 Osterman v. Baldwin, U. S. S. C., Dec. 7, 1867 ; 6 Wall. 000. The 
 annexation of Texas removed the alienage from citizens of the 
 United States. Osterman v. Baldwin, 6 Wall. 000; Cryer v. 
 Andrews, 11 Tex. 170-183; Paschal s Annotated Digest, notes, 148, 
 237, 238 ; McKinney v. Sabariego, 18 How. 239. 
 
 The disability of the alien to maintain the real action is personal, 
 and, at common law, relates, not to the date of acquiring the 
 property, but of bringing the suit 1 Chitty s PL 470,471; 7 
 Bacon s Abridgment, Tit. USES AND TRUSTS, E. 2, p. 89; 1 LI. 
 ALIEN, D, 137; Coke Litt. 129; Id. (B. 3) p. 6; Comyn s Dig., 
 ALIEN (C.), p. 301 ; Kemp v. Kennedy, 1 Pet. C. C. R. 40; affirmed 
 5 Cr. 173 ; 2 Cond. 223. 
 
 What is the [2] In all cases affecting ambassadors, other pub- 
 
 ifthe n He ministers and consuls, and those in which a State 
 
 Coiirt? no shall be party, the Supreme Court shall have original 
 
 jurisdiction. In all the other cases before mentioned, 
 
 Appellate? the Supreme Court shall have appellate jurisdiction, 
 
 both as to law and fact, with such exceptions and 
 
 under such regulations as the Congress shall make. 
 
 iilO. The Supreme Court has no original jurisdiction except 
 in the two classes of cases mentioned in the first clause. Story s 
 Const. 1702. And to that extent it would seem to be ex 
 clusive. United States v. Ravara, 2 Dall. 297; Marbury v. Madi 
 son, 1 Cr. 137. 
 
01. 2.] ORIGINAL JURISDICTION, 210. 205 
 
 "CASES" here is applied as a generic term to all the objects How is the 
 designated by "case " and "controversy" in the preceding clause. ten " ca ,^ es 
 Curtis Com. 83. See "case" and "controversy" defined. Ji-201. 
 Id.; ante, n. 199; Martin v. Hunter, 1 Wheat. 304, 333; Curtis 
 Cora. 124-130. If the words "to all cases" give exclusive 
 jurisdiction in cases affecting foreign MINISTERS, they may also give 
 exclusive jurisdiction, if such be the will of Congress, in cases 
 arising under the Constitution, laws, and treaties of the United 181, 182, 202. 
 States. (Cohens v. Virginia, 6 Wheat. 392-399.) Story s Const. 
 1713. 
 
 But it does not mean that the court has jurisdiction of every Has the 
 " CASE " or question which may arise under the Constitution, laws, court juris- 
 or treaties. These often necessarily devolve upon Congress or the eiSy^ase 
 executive, according as the law shall direct. (Luther v. Borden, or question ? 
 7 How. 1.) Curtis Com. 84-85<z. The word is therefore 195. 
 limited to such "cases" as arise between parties, or are of a 
 judicatory nature. (Madison, 5 Elliot s Debates, 483.) Id. 85a, 
 100. 
 
 Not to all questions by which an AMBASSADOR may be affected. 
 Id. See Stanbery s arguments in the Mississippi and Georgia In 
 junction cases, against the President and others, reported in 4 
 Wallace. Sec the United States v. Ferreira, 13 How. 40. 
 
 " ORIGINAL JURISDICTION " is the right to take original cog- What ia 
 nizance of. the case or controversy, and to hear and determine P*HJ??] . 
 it in the first instance. It is that in which something is demanded Ju " 
 in the first instance by the institution of process, or the com 
 mencement of a suit. Curtis Com. 107 ; Story s Const. 1703, 
 1704. 
 
 The residue of the original jurisdiction remains to be vested by Where is 
 Congress in any inferior tribunals which it may see fit to create. the residue 
 (Martin v. Hunter, 1 Wheat. 304, 307 ; Osborn v. The Bank of the n 
 United States, 9 Wheat. 738, 820; Cohens v. Virginia, 6 Wheat tion? 
 395 ; Story s Const. 1698.) Curtis Com. 111. 
 
 Original jurisdiction, so far as the Constitution gives a rule, is What is 
 coextensive with the judicial power. (Osborn v. Bank of United the extent 
 States, 9 Wheat. 820.) Curtis Com. 159. And it would seem ^liSal 
 to follow that in cases where the Constitution itself has vested jm-Isdlc- 
 original jurisdiction in the Supreme Court, that investiture musttion? 
 operate as an exception to the general authority to Congress to 
 vest original jurisdiction according to its discretion. Id. And 
 there is doubt whether in such cases jurisdiction of the Supreme 
 Court is not both original and exclusive. (United States v. 
 Ortega, 11 Wheat. 467; See Story s Const. 1G99; 1 Kent s 
 Com. Lect. XV. p. 315.) Curtis Com. 160. But there are de 
 cisions the other way. United States v. Ravara, 2 Dall. 297 ; and 
 see also Chisholm v. Georgia, 2 Dall. 419, 431, 436; Act of 28 
 Feb. 1839 (5 St. 32); Curtis Com. 161-164; Schooner Ex 
 change v. McFaddin, 2 Cr. 117. 
 
 Jurisdiction is the power to hear and determine a cause. It is What is 
 coram judice, whenever a case is presented, which brings this jurisuic- 
 power into action. If the petitioner states such a case in his peti- tlon 
 tion, that on a demurrer, the court would render judgment hi hi3 19& 
 9* 
 
206 ORIGINAL JURISDICTION, 210, 211. [Art. III., Sec. 2, 
 
 favor, it is an undoubted case of jurisdiction. (United States v. 
 Arredondo, 6 Pet. 709.) Banton v. Wilson, 4 Tex. 403, 404. 
 
 It is the power to hear and determine the subject-matter in con 
 troversy between the parties to a suit ; to adjudicate or to exercise 
 judicial power over them, the question is, whether on a cause 
 before a court, their action is judicial or extrajudicial; with or 
 without authority of law to render a judgment or decree upon the 
 rights of the litigant parties. If the law confer the power to 
 render a judgment or decree, then the court has jurisdiction. 
 (Rhode Island v. Massachusetts, 12 Pet. 718.) Banton v. Wilson, 
 4 Tex. 404. 
 
 Has a State A State court has no jurisdiction of a suit against a consul ; and 
 
 court cogni- whenever this defect of jurisdiction is suggested, the court will 
 
 consuls? quash the proceeding. It is not necessary that it should be by 
 
 plea before general imparlance. Mannhardt v. Soderstrom, 1 Binn. 
 
 138; Davis v. Packard, 6 Pet. 41; Commonwealth v. Kosloff. 5 
 
 S. <fc R. 545; Griffin v. Domiuguez, 2 Duer, 656. A consul may, 
 
 however, be summoned as a garnishee in an attachment from a 
 
 State court. Kidderlin v. Meyer, 2 Miles, 242. The circuit courts 
 
 have no jurisdiction of a cause in which a State is a party. Gale 
 
 v. Babcock, 4 Wash. C. C. 199 ; S. C. Id. 344 ; Cohens v. Virginia, 
 
 When is already cited. In those cases in which original jurisdiction is 
 
 there origi- given to the Supreme Court, founded on the character of the parties, 
 
 app"liiite ^e Judicial power of the United States cannot be exercised in its 
 
 jurisdic- appellate form. Osborn v. United States Bank, 9 Wheat. 820. But 
 
 tion? if a cas e draws in question the laws, Constitution, or treaties of 
 
 181, 182, 202. the United States, though a State be a party, the jurisdiction of 
 
 the federal courts is appellate ; for in such case the jurisdiction is 
 
 founded, not upon the character of the parties, but upon the nature 
 
 of the controversy. Cohens v. Virginia, 6 Wheat. 392 ; Martin v. 
 
 Hunter s Lessee, 1 Wheat. 337. Congress has no power to confer 
 
 original jurisdiction on the Supreme Court in other cases than those 
 
 enumerated in this section. Marbury v. Madison, 1 Cr. 137 ; In 
 
 the matter of Metzger, 5 How. 176, 191-2; In re Kaine, 14 How. 
 
 119. See 1 St. 80, 13 ; 1 Brightly s Dig. 861, 862, and notes. 
 
 And it seems that the original jurisdiction is exclusive. (Mar- 
 bury v. Madison, 1 Cr. 137.) Curtis Com. 108; Osborn v. Bank 
 of United States, 9 Wheat. 738. 820. 821 ; Story s Const. 1697- 
 1609. 
 
 Where the character of the cause gives appellate jurisdiction, 
 and the character of the party (as an ambassador or State) gives 
 original jurisdiction, the appellate jurisdiction is not thereby ousted. 
 (Cohens v. Virginia, 6 Wheat, 392 tt seq. ; Martin v. Hunter, 1 
 Wheat. 337.) Curtis Com. 109; Story s Const. 1706-1721. 
 
 The original jurisdiction of the Supreme Court can only include 
 cases enumerated in the Constitution. (Marbury v. Madison, 1 Cr. 
 137.) 
 
 What is 211. " IN ALL OTHER CASES BEFORE MENTIONED, THE SUPREME 
 
 appellate COUKT SHALL HA.VE APPELLATE JURISDICTION." &C. It is the 
 
 Uwaf" essential criterion of appellate jurisdiction, that it revises and cor 
 rects the proceedings in a cause already instituted, aud does not 
 
01. 2.] APPELLATE JURISDICTION, 211. 207 
 
 create that cause. Marbury v. Madison, 1 Cr. 138; Curtis Com. 
 110, 113. 
 
 The Supreme Court possesses no appellate power in any case, HOW must 
 unless conferred upon it by act of Congress, nor can it, when con- ^co*~ 
 ferred, be exercised in any other mode of proceeding than that 
 which the law prescribes. Barry v. Mercein, 5 How. 119. 
 
 The appellate powers are not given by the judicial act, but by 
 the Constitution. They are limited and regulated by the judicial 
 act, and by such other acts as have been passed upon the sub 
 ject. Durousseau v. The United States, 6 Cr. 313. Curtis Com. 
 112. 
 
 Congress may prescribe the mode of exercising this appellate 
 jurisdiction. Marbury v. Madison, 1 Cr. 137 ; Weston v. Charles 
 ton, 2 Pet. 449; United States v. Hamilton, 3 Dall. 17 ; Ex parts 
 Bollman, 4 Cr. 75 ; Ex parts Kearney, 7 Wheat. 38 ; Ex parts 
 Crane, 5 Pet. 190; Story s Const. 1755, 1756; Curtis Com. 
 113. 
 
 By the 22d section of the judiciary act, the controversy must wh.it does 
 be concerning a thing of money value ; the judgment must be the a . ct 
 final; and the matter in controversy must exceed the sum of two requir 
 thousand dollars. By the 25th section, the right tore-examine does 
 not depend on the money value of the thing in controversy, but 
 upon the character of the right in dispute, and the judgment which 
 the State court has pronounced upon it ; and it is altogether im 
 material whether the right in controversy can or can not be 
 measured by a money standard. (1 St. 84-86 ; 22, 25. Barry 
 v. Mercein, 5 How. 120. See Wilson v. Daniel, 3 Dall. 401; 3 
 Cond. 185; Course v. Stead, 4 Dall. 22; 1 Cond. 217; United 
 States v. Brig Union, 4 Cr. 216; 2 Cond. 91 ; Smith v. Henry, 3 
 Pet. 469 ; Gordon v. Ogden, Id. 33 ; Hagan v. Foison, 10 Pet. 1 60 ; 
 Oliver v. Alexander, 6 Pet. 143 ; Scott v. Lunt, 6 Pet. 349 ; Wal- 
 len v. Williams, 7 Cr. 278; Fisher v. Cockrell, 5 Pet. 248; Martin 
 v. Hunter, 1 Wheat. 304; 3 Cond. 575; Williams v. Norris, 12 
 Wheat. 117 ; 6 Coud. 462.) Bank of United States v. Daniel, 12 
 How. 52. Rector v. Ashley, U. S. C. C. Die. T., 1867 ; 6 Wall. 000. 
 
 To give appellate jurisdiction under the 25th section, it must 
 appear : 
 
 First That some one of the questions stated in the section did What gives 
 arise in the court below ; and Secondly, that a decision was Appellate 
 actually made thereon by the same court, in the manner required {JJ"^ 10 " 
 by the section. (Shoemaker v. Randell, 10 Pet. 394.) McKinney 
 v. Carroll 12 How. 70. 
 
 That is, that the question was made and the decision given by 
 the court below on the very point; or that it must have been 
 given in order to have arrived at the judgment. (Owings v. Nor 
 wood. 5 Cr. 344; Smith v. The State, 6 Cr. 281 ; Martin v. Hunter, 
 5 Wheat. 305, 355 ; Inglee v. Coolidge, 4 Cond. 155 ; Miller v. 
 Xicholls, 4 Wheat. 311, 315; 4 Cond. 465; Williams v. Norris, 12 
 Wheat. 117, 124; 6 Cond. 462; Fisher v. Cockerill. 5 Pet. 255, 
 258; Wilson v. Blackbird Creek Marsh Company, 2 Pet. 245; Sat- 
 lerlee v. Mathewson, 2 Pet. 380, 410; Craig v. Missouri, 4 Pet. 
 
208 
 
 LAW AND FACT, 211. [Art. III., Sec. 2, 
 
 Give tho 
 lour requi 
 sites ? 
 
 Define law 
 and fact ? 
 270-272. 
 
 "What gives 
 the appel 
 late juris 
 diction ? 
 
 What juris 
 diction can 
 Congress 
 confer ? 
 
 Can the 
 States 
 Buponuld 
 any thing ? 
 
 410; Davis v Packard, 6 Pet. 41, 48; Mayor of New Orleans 
 v. De Armas. U Pet. 234.) Crowell v. Randell, 10 Pet. 394-398. 
 
 After this rull review, these propositions were stated : 1. That 
 some one of the questions (stated in the 25th section) did arise in 
 the State court ; 2. That the question was decided by the State 
 court as required in the same section; 3. It is not necessary that 
 the question should appear on the record to have been raised, and 
 the decision made in direct and positive terms ipsissimis verb is ; 
 but that it is sufficient if it appear by clear and necessary intend- 
 ment, that the question must have been raised, and must have been 
 decided in order to have induced the judgment. 4. That it is not 
 sufficient to show that a question might have arisen and been ap 
 plicable to the case; unless it is further shown on the record, that 
 it did arise, and was applied by the State court in the case. 
 Crowell v. Randell, 10 Pet. 398. Affirmed, Choteam v. Margue 
 rite, 12 How. 510; McKinney v. Carroll, 12 How. 70. See Bright- 
 ly s Digest, Tit. " ERRORS AND APPEALS," pp. 257-261, and volumi 
 nous notes thereon. 
 
 "LAW AND FACT." Since the seventh amendment, Congress 
 can not confer upon the Supreme Court authority to grant a new 
 trial by a re-examination of the facts, and tried by a jury, except 
 to redress errors of law. (Parsons v. Bedford, 3 Pet. 447, 449. 
 See Bank of Hamilton v. Dudley, 2 Pet. 492). Curtis Com. 114. 
 
 It is the " case " and not the court which gives the appellate 
 jurisdiction. (Martin v. Hunter, 1 Wheat. 394). Curtis Com. 
 1 15. Therefore, if the question or the parties give federal juris 
 diction, it may be reached by appeal. Id. ; Cohens v. Virginia, 
 6 Wh. 413. The objects of appeal, not the tribunals from which 
 it is to be made, are alone contemplated. Id. 416; Curtis Com. 
 116. And see Osborn v. Bank of United States, 9 Wheat. 
 820, 821; Story s Const. 1701. 
 
 If the objects can be attained without excluding the concurrent 
 jurisdiction of the State courts, over cases which existed before, 
 it would seem to be necessary to adopt such a construction as will 
 sustain their concurrent powers. (Teal v. Felton, 12 How. 284, 
 292.) Curtis Com. 121, 123, 124. As to when original juris 
 diction is exclusive, see same author, 129-135, and Martin v. 
 Hunter; Houston v. Moore, 5 Wheat. 1, 12. 
 
 Congress can not confer jurisdiction upon any courts, but such 
 as exist under the Constitution and laws of the United States, 
 although the State courts may exercise jurisdiction in cases au 
 thorized by the laws of the State, and not prohibited by the ex 
 clusive jurisdiction of the federal courts. Houston v. Moore, 5 
 Wheat. 24-28, 135, p. 178. And wherever the law of Congress 
 furnishes the offense, the State law can only be enforced by tho 
 authority of Congress, or unless the power remain concurrent. Id. 
 
 If the jurisdiction be concurrent, the sentence of either court 
 may be pleaded in law. Houston v. Moore, 5 Wheat. 40; 1 Cur 
 tis Com. p. 1 80. 
 
 Where Congress has exercised a power over a particular si.b- 
 ject given them by the Constitution, it is not competent for State 
 legislation to add to the provisions of Congress upon that subject. 
 
Cl. 3.] TKIAL CRIMES, 212. 209 
 
 The action by Congress seems to exclude State legislation. 
 (Houston v. Moore, ft Wheat. 1, 22, 23 ; Prigg v. Pennsylvania, 
 1G Pet. 608.) Story s Const. 3d ed. p. 615. 
 
 " WHERE A STATE SHALL BE A PARTY." That is: 1. Where one In what 
 State is plaintiff, and another State is defendant; 2. Where aJJj^VstSo 
 State is plaintiff, and an individual, whether a citizen of some other be*^ party ? 
 State or an alien, is defendant. 3. Where a foreign State is plain 
 tiff against one of the United States as defendant. Curtis Com. 
 153-157. See Rhode Island v. Massachusetts, 12 Pet. 657 ; New 
 Jersey v. New York, 5 Pet. 283 ; Pennsylvania v. The Wheeling 
 & Belmont Bridge Co. 13 Howard, 528 ; Cherokee Nation v. 
 Georgia, 5 Pet. 1 ; Exparte Juan Madrazo, 7 Pet. 627. 
 
 [3.1 The trial of all crimes, except in cases of im- HOW and 
 
 where must 
 
 peacbment, shall be by jury; and such trial shall be trials be 
 held in the State where the said crimes shall have 
 been committed ; but when not committed within 
 any State, the trial shall be at such place or places as 
 the Congress may by law have directed. 
 
 212. "THE TRIAL." (L. Lat. trialio. Exactissima litis contextata, Define 
 cor am judice, per duodecem virale exagititio. SPELMAN.) The term trial? 
 means here, the examination before a competent tribunal, accord 
 ing to the laws of the land, of the facts put in issue upon the in 
 dictment or presentment, for the purpose of determining the truth 
 of such issues. United States v. Curtis, 4 Mason, 232; Co. Litt. 
 124&. And see Bun-ill s Law Die., TRIAL; Magna Charta, ch. 29 
 (9 Henry III.); 2 Inst. 45; 3 Black. Com. 379-381; 4 Black. 
 Com. 349, 350; 2 Kent s Com. Lect. 24, pp. 1-9; 3 Elliot s 
 Debates, 331, 339; De Lolme, B. 1, ch. 13, B. 2, ch. 16; Paley, 
 B. 6, ch. 8; 2 Wilson s Law Lect. P. 2, ch. 6, p. 305; Story s 
 Const. 1778-1794. 
 
 The trial " per pais, or by the country, is the trial by a jury, 
 who are called the peers of the party accused, being of the like 
 condition and equality in the State. (Magna Charta.) Story s Const. 
 1779. 
 
 "OF ALL CRIMES EXCEPT IN CASES OF IMPEACHMENT." See What means 
 "CRIME" defined, notes 193, 194. Here it means treason, piracy crimes * 
 felony, or some offense against the law of nations or an act of the e 
 Congress of the United States. And this clause is to be taken 39. 
 subject to the exceptions, in the fifth amendment, as to trials in the 
 land and naval service. The term " crime " here doubtless em 
 braces misdemeanor. 
 
 In the case of the United States v. Hudson & Goodwin (7 
 Cranch, 32), it was held that "the legislative authority musj; first 
 make an act a crime, affix a punishment to it, and declare the 
 court that shall have jurisdiction of the offense," before the courts 
 of the United States can exercise jurisdiction over it. This doc 
 trine was affirmed by the case of the United States v. Coolidge et 
 al. (1 Wheaton, 415), and Chief-Justice Marshall, in delivering the 
 opinion of the court in Ex parte Bollman & Svvartwout (4 Cranch, 
 

 210 JUDGMENT, 212. [Art. III., Sees. 2, 3, 
 
 95), said: li Courts which originate in the common law possess a 
 jurisdiction which must be regulated by the common law, until 
 some statute shall change their established principles ; but courts 
 which are created by written law, and whose jurisdiction is defined 
 by written law, cannot transcend that jurisdiction." And it was in 
 following these cases that Justice McLean held, in United States 
 v. Lancaster (2 McLean s R. 433), that " the federal government 
 has no jurisdiction of offenses at common law. Even in civil cases 
 the federal government follows the rule of the common law as 
 adopted by the States, respectively. It can exercise no criminal 
 jurisdiction which is not givan by statute, nor punish any act, crim 
 inally, except as the statute provides." The same doctrine is fol 
 lowed in Kitchen v. Strawbridge, 1 Wash. C. C. R., 84 ; United 
 States v. New Bedford Bridge, 1 Wood & Minot 401 ; Ex parte 
 Sullivan, 3 Howard, 103; 12 Peters, 654; 4 Dallas, 10, and 
 note; I Kent s Com. 354^ Sedgwick on Statutory and Consti 
 tutional Law, 17 ; and Wharton, in reviewing this question, 
 says: "However this maybe on the merits, the line of recent 
 decisions puts it beyond doubt that the federal courts will not 
 take jurisdiction over any crimes which have not been placed 
 directly under their control by act of Congress." (Am. Criminal 
 Law, 174.) Report on the Impeachment of the President, 75, 76. 
 Define jur} ? " BY A JURY " is generally understood to mean, ex li termini, a 
 trial by a jury of twelve men, impartially selected (in accordance 
 with law), who must unanimously concur in the guilt of the ac- 
 2CO. cused before a conviction can be had. Any law, therefore, dis- 
 pensing with any of these requisites, may be considered unconsti 
 tutional. (Workv. The State, 2 Ohio St. R. 296: The State v. Cox, 
 3 English, 436 ; The State v. The People, 2 Parker C. C. 322. 329, 
 402, 5(52; 2 Leading Criminal Cases, 327, and note.) Story s Const. 
 3d edition, 1779. 
 
 Docs it This does not constitute them judges of the law in criminal 
 
 make the cases. United States v. Morris, 1 Curt. C. C. 23, 49 ; United States 
 J ur , y * ftl v. Shive, Bald. 510; United States v. Battiste, 2 Sumn. 240. And 
 Wt see Townseud v. The State, 2 Blackf. (Ind.), 152; Pierce v. The 
 
 State, 13 N. H. 536: Commonwealth v. Porter, 10 Met. 263 ; Com 
 monwealth v. Sherry, Wharton on Homicides, 481. It only em 
 braces those crimes which by former laws and customs had been 
 tried by jury. United States v. Duane. Wall. 106. It did not 
 secure to the conspirators who assassinated the President iti 
 Washington city during the war, and while martial law existed in 
 Washington city, the right to trial by jury. The Trial of the 
 Conspirators. 
 
 231-237. This section compared with the fourth, fifth, and sixth amend 
 
 ments. Ex parte Milligan, 4 Wallace, 119; Story s Const. 
 1782. The first of these secures a presentment or indictment by 
 a grand jury before there can be a trial by a jury. Id. And for 
 the reason of these amendments in the shape of a Bill of Rights, 
 see 2 Elliot s Debates, 331, 380-427; 1 Id. 119-122; 3 Id. 139-15:5, 
 Why in the 30 - 
 
 where com- 213. IN STATES WHERE COMMITTED. This was to prevent the 
 united ? defendant from being dragged into a distant State. (2 Elliot s 
 
01.8,1.] TRIAL TREASON, 214, 215. 211 
 
 Debates, 399, 400, 407, 420; 2 Hale s P. C. ch. 24, pp. 260. 264; 
 Hawk P. C. ch. 25, 34 ; 3 Bl. Com. 383.) 
 
 Many of the States are divided into two or more districts (cir 
 cuits) defined by law ; and the rule of trying the accused in such 
 district is believed to be now strictly adhered to. 
 
 214. "BUT WHEN NOT COMMITTED WITHIN ANT STATE, THE Where are 
 
 TRIAL SHALL BE AT SUCH PLACE OR PLACES AS CONGRESS MAY BY offenders 
 LAW HAVE DIRECTED." The offenses committed in the District of r 
 Columbia have always been tried in the District, under the * exclu 
 sive legislation ;" those in the organized territories have been tried 
 there by the local courts of the territories ; those committed by 
 whites, or by Indians against whites (to a limited extent), have been 
 tried in the States to whose federal courts jurisdiction had been 
 committed by the laws to regulate trade and intercourse with the 
 Indian tribes; those committed in forts and arsenals, over which 
 jurisdiction had been ceded by the States, have been tried in the 
 United States District or Circuit Courts in that State ; those upon 
 the high seas in the State where the vessel first arrives. 
 
 So that " NOT COMMITTED IN ANY STATE," may be defined to be 
 offenses committed in the District of Columbia, in forts or arsenals 
 to which jurisdiction has been ceded by the States ; in the terri 
 tories of the United States ; in the Indian country ; upon the 
 high seas, and everywhere, when against the law of nations. 
 
 SEC. III. [1.1 Treason against the United States Define 
 
 . . treason? 
 
 snail consist only in levying war against them, or in 
 adhering to their enemies, giving them aid and com- 192. 
 fort. No person shall be convicted of treason, unless By how 
 on the testimony of two witnesses to the same overt witnesses? 
 act, or on confession in open court. 
 
 215. "TREASON." [Law Lat. Proditio. L. Fr. Treson, from Define 
 trrer, trehir, trahir, to betray.] Bun-ill s Law Die., TREASON. treason at 
 
 The word " ONLY " was used to exclude from the criminal juris- j^\ m r 
 prudence of the new republic the odious doctrines of constructive p e fi ne 
 treason. Its use, however, while liimting the definition to plain "only"? 
 overt acts, brings these acts into conspicuous relief, as being 
 always, and in essence, treasonable. 
 
 War, therefore, levied against the United States by citizens of 
 the republic, under the pretended authority of the new State 
 government of North Carolina, or the new central government 
 which assumed the title of the "Confederate States," was treason 
 against the United States. Chief-Justice Chase in Shortridge v. 
 Macon (North Carolina), 16th June, 1867. 
 
 In the prize cases the Supreme Court simply asserted the right 11T. 
 of the United States to treat the insurgents as belligerents, and to 
 claim from foreign nations the performance of neutral duties under 
 the penalties known to international law. The decision recognized, 
 also, the fact of the exercise and concession of belligerent rights, 
 and affirmed, as a necessary consequence, the proposition that 
 
212 
 
 TKEASON, 215, 216. [Art. III., Sec. 3, 
 
 What were 
 the relations 
 of the inhab 
 itants of the 
 rebel States 
 to those loy 
 al to the 
 Union? 
 
 What is the 
 effect of se 
 questration? 
 
 What war is 
 necessary ? 
 
 during the war all the inhabitants of the country controlled by 
 the rebellion and all the inhabitants of the country loyal to the 
 Union were enemies reciprocally each of the other. But there is 
 nothing in that opinion which gives countenance to the doctrine 
 which counsel endeavor to deduce from it: that the insurgent 
 States, by the act of rebellion, and by levying war against the 
 nation, became foreign States, and their inhabitants alien enemies. 
 United States v. Shortridge. Id. 
 
 Held, that the enforced payment of a debt under the confederate 
 sequestration laws, was no protection. It was denied that the 
 "Confederate States" was a de facto government. 
 
 For the enumeration of the acts of treason in England, see 4 
 Steph. Com. 185-193; 4 Bl. Com. 76-84; Wharton s American 
 Crim. Law, B. 7. ch. 1, 2715-2777. Burrill s Law Die., TREASON. 
 
 There must be an actual levying of war ; a conspiracy to subvert 
 the government by force is not treason ; nor is the mere enlist 
 ment of men, who are not assembled, a levying of war. Ex parte 
 Bollman, 4 Cr. 75; United States v. Hanway, 2 Wall. Jr. 140; Id. 
 136; 4 Am. L. J. 83. And no man can be convicted of treason, 
 who was not present when the war was levied. 2 Burr s Trial, 
 401, 439; and see the same case, Appendix to 4 Cranch, 469-508. 
 See United States v. Willberger, 5 Wheat. 97. 
 
 The whole definition is copied from the statute of 25 Ed. III., ch. 
 2 ; 1 Hale s Pleas of the Crown, 259 ; Judge Marshall s charge in 
 Burr s Trial; Story s Const. 1799. See 3 Wilson s Law Lect, 
 ch. 5, pp. 95, 96; Montesquieu Spirit of Laws, B. 12, ch. 7 ; 4 Bl. 
 Com. 75-84. The definition admits of no constructive treasons. 
 Federalist, No. 43 ; Story s Const. 1798; Jefferson s Correspond 
 ence, 72-103. 
 
 If war be actually levied, that is, if a body of men be actually 
 assembled for the purpose of effecting by force a treasonable pur 
 pose, all who perform any part, however minute, or however 
 remote from the scene of action, and who are actually leagued 
 in the general conspiracy, are to be considered as traitors. But 
 there must be an actual assemblage of men for the treasonable 
 purpose, to constitute a levy of war. (Ex parte Bollman, 4 Cr. 126 ; 
 United States v. Burr, 4 Cr. 469-508 ; Sergts. Const, ch. 30 [32] ; 
 People v. Lynch, 1 John. 553.) 
 
 And further, for the definition of treason, see United States v. 
 Hoxie, 1 Paine, 265 ; United States v. Hanway, 2 Wallace, Jr. 
 139 ; Regina v. Frost, 9 C. & P. 129 ; 2 Bishop on Cr. Law, 1032. 
 
 Treason is a breach of allegiance, and can be committed by him 
 only, who owes allegiance either perpetual or temporary. United 
 States v. Willberger, 5 Wheat. 97. 
 
 To what 216. Two WITNESSES. The evidence, it seems, refers to the 
 
 trial does it proofs on trial, and not to the preliminary hearing before the corn- 
 refer? nutting magistrate, or the proceeding before the grand inquest. 
 United States v. Hanway, 2 Wall. Jr. 138; 1 Burr s Trial, 196. 
 But see Fries s Trial, 14 Whart. St. Tr. 480, and the same in 2 
 pamphlet, 171. 
 
 There must be, as there should be, the concurrence of two wit 
 nesses to the same overt act, that is, open act of treason, who aro 
 
 From 
 whence 
 copied ? 
 
 What is a 
 levying of 
 war ? 
 
01. 1, 2.] TREASON, 217, 218. 213 
 
 above all reasonable exception. (United States v. Burr, 4 Cr. 469, 
 496, 503, 505, 506, 607 ; Greenleaf s Ev. 237.) 
 
 [2.] The Congress shall have power to declare the what is the 
 
 f, , -i / limitation 
 
 punishment 01 treason, but no attainder ot treason on the 
 shall work corruption of blood, or forfeiture, except Ku " 
 during the life of the person attainted. 
 
 217. PUNISHMENT OF TREASON. Punishment is the penalty of Define 
 the law, inflicted after judgment or sentence. For the English I?W*- 
 punishment of treason, see Story s Const. 1298, and notes. 
 
 The punishment was first declared by Congress to be death by 
 hanging. Act of 30th April, 1790, ch. 36, 1 St. 112, 1, note (a). 
 It is now death or imprisonment. Act of 17th January, 1862, 
 12 St. 589, 590. See 1 Brightly s Digest, 201, 1, notes a to ft; 
 Wharton s Criminal Laws, 1117-1120; Id. 2719-2736; 2 Bright 
 ly, 100, 101. 
 
 ATTAINDER OF TREASON. See Bill of Attainder, note 142. 142 - 
 
 " CORRUPTION OF BLOOD." By corruption of blood all inheritable Define 
 qualities are destroyed ; so that an attainted person can neither JJ^JJ^Jj 11 
 inherit lands nor other hereditaments from his ancestors, nor re- 
 tain ihose he is already in possession of, nor transmit them to any 
 heir. Story s Const. 1299, 1300; 4 Bl. Com. 381-388. 
 
 The power of punishing treason against the United States is 
 exclusively in Congress. (The People r. Lynch, 11 Johns. 553 ; 
 Ravvle s Const, ch. 11, pp. 140-143 ; Id. ch. 21, p. 207 ; Sergeant s 
 Const, ch. 30 [ch. 32.] ; Story s Const. 1301. 
 
 ARTICLE IV. 
 
 SEC. I. Full faith and credit shall be given in each what credit 
 State to the public acts, records, and judicial proceed given to 
 ings of every other* State. And the Congress may-&c. ? 
 by general laws, prescribe the manner in which such 
 acts, records, and proceedings shall be proved, and who may 
 
 ,, ~ . ,i n prescribe 
 
 the enect thereof. the proofs? 
 
 218. "FULL FAITH AND CREDIT," as the cases cited will show, Define full 
 means that credit, which the State itself gives, not to the mode of faith ? 
 proof, but to the acts when proven. 
 
 " PUBLIC ACTS." This has reference to the legislative acts and Public 
 resolves ; that is. to the laws of the State. acls ? 
 
 " RECORDS " are the registration of deeds or the civil law records Records? 
 of titles, as in Louisiana, the registration of wills, public docu 
 ments, archives, legislative journals; and, in fact, all acts, legis 
 lative, executive, judicial, and ministerial, which constitute tho 
 public records of a State. McGrew v. Watrous, 16 Tex. 509, 512 ; 
 White v. Burnley, 20 How. 250; Paschal s Annotated Digest, Art. 
 3710, note 885. Define 
 
 JUDICIAL PROCEEDINGS are the proceedings and judgments ^JJ 1 ^. 
 which appertain to courts of record. 
 
214 JUDGMENTS, 218. [Art. IY., 
 
 "What is the "Where the jurisdiction has attached, the judgment is conclusive 
 
 rule where f or a ]j purposes, and is not open to any inquiry upon the merits. 
 
 B5- (Bissell v. Briggs, 9 Massachusetts, 462; United States Bank v. 
 
 tach ed? Merchants Bank, 7 Gill, 430.) Christinas v. Russel, 5 Wall. 302. 
 " If a judgment is conclusive in the State where it was pronounced, 
 it is equally conclusive everywhere " in the courts of the United 
 States. (Story s Const. 1313, 3d ed.) Id. 302. By that statute 
 (of Mississippi) it was enacted that " no action shall be maintained 
 on any judgment or decree rendered by any court without this 
 State, against any person who, at the time of the commencement 
 of the action in which such judgment or decree was or shall be 
 rendered, was or shall be a resident of this State, in any case 
 where the cause of action would have been barred by any act of 
 limitation of this State, if such suit had been brought therein." 
 (Mississippi Code, 400.) This act was unconstitutional. Christ 
 mas v. Russel, 5 Wall. 299, 302. Had it been an act merely limit 
 ing the time within which the suit should be brought, it would 
 have been constitutional. (McElmoyle v. Cohen, 13 Pet. 312.) Id. 
 300. 
 
 What is the A judgment of a State court has the same credit, validity, and 
 effect of a effect in every other court within the United States, which it had in 
 judgment? the gtate where it vvag reu dered. Hampton v. McConnell, 3 Wh. 
 234; Sarchet v. The Davis, Crabbe, 185. And it matters not that 
 it was commenced by an attachment of property, if the defendant 
 afterward appeared and took defense. Mayhew v. Thatcher, 6 
 Wh. 129. Nor that the service was illegal. Houston v. Dunn, 13 
 Tex. 480. Such judgments, as far as the court rendering them had 
 jurisdiction, arc to have, in all courts, full faith and credit; and the 
 merits of the judgment are never put in issue, with the qualification, 
 that it must appear by the record that the party had notice. Ben- 
 ton v. Bergot, 10 S. & R. 242. They have not, however, by the 
 act of Congress, full power and conclusive effect, but only such 
 effect as they possessed in the State where the judgment was ren 
 dered. Green v. Sarmiento, 3 Wash. C. C. 17 ; Bank of the State of 
 Alabama v. Dalton, 9 How. 528. And therefore, whatever pleas 
 would be good therein, in such State, and none others, can be 
 pleaded in any other court within the United States. Hampton v. 
 McConnell, 3 Wh. 234; Mills v. Duryee, 7 Cr. 484. Thus, it would 
 be competent to show that the judgment was obtained by fraud, or 
 that the court rendering it had no jurisdiction. Warren Manufac 
 turing Co. v. Etna Insurance Co. 2 Paine. 502; Steele v. Smith, 7 
 W. <fe S. 447 ; Driukard v. Ingram, 21 Tex. 653. This has been 
 denied as to fraud between parties and privies. Christmas v. Rus 
 sel, 5 Wall. 505-508. But not to litigate the merits of the judg 
 ment. Ingram v. Drinkard. 14 Tex. 352. When the judgment of 
 a sister State is produced, which was rendered by a court of general 
 jurisdiction, the presumption is in favor of the power and jurisdic 
 tion until the contrary appears. (Scott v. Coleman, 5 Littel, 350; 
 Mills v. Martin, 19 Johns. 33; 3 Wend. 2G7 ; 4 Cow. 282 ; 6 Wend. 
 447; 8 Cow. 311; Phillips s Kvid., Cow. & Hill s Notes, vol. 5, 
 p. 896, note G39.) And the plaintiff need not aver and prove the 
 jurisdiction. Reid v. Boyd, 13 Tex. 242. Where the writ was a 
 
Sec. l.J JUDGMENTS, 218. 215 
 
 capias ad respondendum, and the return was, " executed personally," 
 it was priitiO, facie evidence of service. Reid v. Boyd, 13 Tex. 242, 
 243. If there has bf en no personal service, and if the defendant 
 has not appeared and taken dei ense, the judgment of a sister State 
 will not support an action. Notice or appearance is essential to 
 the jurisdiction. Webster v. Reid, 11 How. 460; Nations v. John 
 son, 24 How. 208. Notice by publication is not sufficient. Bos- 
 well s Lessee v. Otis, 9 How. 350 ; Oakley v. Aspinwall, 4 Comst. 
 135 ; Mills v. Duryee, 7 Cr. 481 ; McElmoyle v. Cohen, 13 Pet. 330. 
 And see the notes in American Leading Cases, vol. 2, p. 551 ; 3 
 Phillips s Ev., Cow. & Hill s Notes, p. 353, note 63G. 
 
 If a court of any State should render judgment against a man What is the 
 not within the State, nor bound by its laws, lior amenable to the effect f 
 jurisdiction of the court, if that judgment should be produced in jurisdiction? 
 another State, against the defendant, the jurisdiction of the court 
 might be inquired into ; and if a want of jurisdiction appeared, no 
 credit would be given to the judgment. Bissell v. Briggs, 9 Mass. 
 462; Green v. Sarmieuto, 1 Pet. C. C. 20: Hall v. Williams, 6 Pick. 
 232 ; Woodward v. Tremere, 9 Pick. 355 ; Schaffer v. Yates, 2 
 Hon. 253 ; Batwick v. Hopkins, 4 Ga. 48 ; Towns (Gov.) v. Springer, 
 9 Ga. 132; The Central Bank of Georgia v. Gibson, 11 Ga. 455; 
 Darcy v. Ketchum, 11 How. 165. And the judgment may be 
 shown to be void, collaterally, for want of personal service. Web 
 ster v. Reid. 11 How. 460; Gleason v. Dodd, 4 Met. 333; Lincoln 
 v. Trevor, 2 McLean, 473. Where the original process was attach 
 ment and publication, and no personal service, and judgment was ren 
 dered in California, and suit brought upon this judgment in Texas the 
 California judgment was rightly held to be void. Green v. Custard, 
 23 How. 486. But where a suit was brought in chancery, in Mis 
 sissippi, and the defendants were served with process, and appeared 
 and answered, and the chancellor rendered a decree dismissing 
 the bill; and two years afterward, a writ of error was prosecuted 
 to the Supreme Court, and an affidavit filed that the defendants were 
 not within the jurisdiction, and had no counsel within the jurisdiction, 
 and citation to appear and defend the writ of error was published 
 in a newspaper; after which the Supreme Court reversed the judg 
 ment, and rendered a decree against the defendants, which judg 
 ment was perfected by the chancellor ; and upon this judgment suit 
 was brought in the United States District Court of Texas: Held, 
 that the judgment or decree was not a nullity, as it would have 
 been had there been no original service. Nations v. Johnson, 24 
 How. 203. Some of the courts have strongly intimated that a law 
 which should make a judgment, obtained without porsi-nal service, 
 the foundation of an action, would be unconstitutional nd void. 
 And some of them go much further, and lay down the rule as ap 
 plicable to the inception of the suit, that notice by publication is 
 insufficient to support the judgment in any jurisdiction, except in 
 the courts of the State where it was rendered. (Boswell s Lessee 
 v. Otis, 9 How. 350; Oakley v. Aspinwall, 4 Comst. 513.) Nations 
 v. Johnson. 24 How. 203. The publication in the Supreme Court 
 will be held to be constructive service, provided the defendant was 
 served with original process in the lower court, and appeared and 
 
216 JUDGMENTS, 218. [Art. IV., 
 
 took defense. Nations v. Johnson, 24 How. 203. A decree of a 
 court of chancery is within this article and the act of Congress for 
 authentication. Patrick v. Gibbs, 17 Tex. 277. And this court will 
 not look to the formula of the decree, if the parties, and the final 
 result be certain, so that it is a final judgment which could be 
 enforced in the sister State from which it came. (Whiting v. The 
 Bank, 13 Pet. 6 ; Ordinary v. McClure, I Bailey, 7.) Patrick v. 
 How may Owens, 17 Tex. 278. Judgments of foreign countries may be 
 a U fcM-ei C -n tSOf P roved: 1- B ^ an exemplification under the great seal; 2. By a 
 country be copy proved to be correct; 3. By the certificate of an officer author- 
 proved? ized by law, which certificate must, of itself, be properly authenti 
 cated. (Church v. Hubert, 2 Cr. 187.) Phillips v. Lyons, 1 Tex. 
 394. 
 
 Define the The " Great Seal " means the seal of the nation, whether the 
 great seal? COU ntry be a monarchy or a republic. Phillips v. Lyons, 1 Tex. 
 394. The seal of one of the States of the American Union, is not 
 the " Great Seal." Id. ; Wellborn v. Carr, Id. 469. 
 
 What is tho In a suit upon a judgment obtained in courts other than the 
 courts of tlie state > the limitation prescribed by the law of the 
 forum will bar the action, although the period be shorter than that 
 prescribed for judgments of the State where the suit was brought. 
 McElmoyle v. Cohen, 13 Pet. 312 ; Story s Conflict of Laws, 582; 
 Robinson v. Peyton, 4 Tex. 278; Pryor v. Moore, 8 Tex. 252; 
 Bacon v. Howard, 20 How. 23. First, that the statute of limitations 
 of Georgia can be pleaded to an action in that State, founded upon 
 a judgment rendered in the State of South Carolina; and, secondly, 
 that in the administration of assets in Georgia, a judgment rendered 
 in South Carolina, upon a promissory note against the intestate 
 when in life, should not be paid in preference to simple contract 
 debts. Mills v. Duryee; McElmoyle v. Cohen, 13 Pet. 330. Af 
 firmed in a Texas case. Bacon v. Howard, 20 How. 25. There is 
 no clause in the Constitution which restrains this right in each State 
 to legislate upon the remedy in suits on judgment of other States, 
 exclusive of all interference with their merits. Id. The act of the 
 congress of Texas, of 25th June, 1845, which prescribed the time 
 within which suits on judgments rendered in foreign States should 
 be brought, having been passed before annexation, was not subject 
 to this provision of the Constitution of the United States; but if it 
 had been, the law would not have been unconstitutional. Robinson 
 v. Peyton, 4 Tex. 278; Pryor v. Moore, 8 Tex. 250; Bacon v. 
 Howard, 20 How. 22. It has been held, under the Texas statute 
 of limitations, that the same rule applies to a judgment of a sister 
 State as to a judgment of this State. (Clay v. Clay, 13 Tex. 195; 
 Allison v. Nash, 16 Id. 560 ) Spann v. Crummerford, 20 Tex. 220. 
 Are tho Judgments of another State are not prima facie, but conclusive 
 
 judgments > evidence of debt. They can be impeached on such grounds only OR 
 orfontiu- would be g od aghast a judgment of a sister State. Clay v. Clay, 
 b i ve ? 13 Tex. 204. The judgments rendered before a justice of the peace 
 
 of a sister State, are not judgments of courts of record within this 
 article, unless it be averred and proved that the State law had made 
 them so. Bcal v. Smith, 14 Tex. 309. The opinion reviews the 
 authorities in Cowen & Hill s Notes to Phillips s Evidence, Part 2, 
 
Sec. l.j JUDGMENTS, 218. 217 
 
 note 58. And see Grant v. Bledsoe, 20 Tex. 458; Thomas v. Rob 
 inson, 3 Wend. 267. 
 
 The legislation of Congress amounts to this : that the judgment What does 
 of another State shall be record evidence of the demand ; and that ^ legisla- 
 the defendant, when sued on the judgment, cannot go behind it and JJJJ 1 amouat 
 controvert the contract or other cause of action on which the judg 
 ment is founded; that it is evidence of an established demand, 
 which, standing alone, is conclusive between the parties to it. 
 (Bank of the State of Alabama v. Dalton, 9 How. 528.) Norwood 
 v. Cobb, 20 Tex. 594. 
 
 They certainly are not foreign judgments ; nor are they domestic Are tho 
 judgments in every sense, because they are not the proper founda- judgments 
 tion of final process, except in the State where they were rendered, domestic"? 
 Besides, they are open to inquiry as to the jurisdiction of the court 
 and notice to the defendant ; but in all other respects they have the 
 same faith and credit as domestic judgments. 
 
 Subject to those qualifications, the judgment of a State court is 
 conclusive in the courts of all the other States wherever the same 
 matter is brought in controversy. The established rule is, that so 
 long as the judgment remains in force it is of itself conclusive of 
 the right of the plaintiff to the thing adjudged in his favor, and 
 gives him a right to process, mesne or final, as the case may be, 
 to execute the judgment. D Arc3 r v. Ketchum et al. 11 Howard, 
 165 ; Webster v. Reid, Id. 437 ; Voorhees v. United States Bank, 
 10 Peters, 449; Huff v. Hutchingson, 14 Howard, 558; Christmas 
 v. Russel, 5 Wall. 305 ; Benton v. Bargot, 10 Sergt. & Rawle, 
 240. 
 
 To render a defense, or plea to the judgment of another State 
 good, it must go sufficiently far to negative the reasonable intend- 
 ment which exists, prima facie, in favor of the jurisdiction, and of 
 the regularity of the proceedings. (Shumway v. Stillman, 4 Cow. 
 296 ; 6 Wend. 447 ; Holt v. Alloway, 2 Blackford, 108 ; Welch v. 
 Sykes, 3 Gil. 197 ; Moreland v. Trenton Ins. Co. 4 Zabriskie, 222 ; 
 Latterett v. Cooke, 1 Clarke, 1; Black v. Black, 4 Brad. 174; 
 Bissell v. Wheelock, 11 Gush. 277 ; Buchanan v. Post, 5 Ind. 264.) 
 
 1 Smith s Leading Cases, Part 2, pp. 1026, 1027. 
 
 It is now well settled that judgments of one State of the Union On what 
 may be controverted in another, on the ground that the court pound "iay 
 which pronounced them did not obtain jurisdiction over the parties J b " ^n? nts 
 by due service of process or notice. (Reed v. Wright, 2 Iowa, 15 ; trolled? 
 
 2 Am. Leading Cases, 798, 4th ed. ; Price v. Ward, 1 Butcher, 
 225; Smith v. Smith, 17 111. 482; Rape v. Heaton, 9 Wis. 328; 
 Black v. Black, 4 Brad. 174 ; Wright v. Boynton, 37 N. H. 9 ; 
 Judkius v. Union Life Ins. Co. Id. 470 ; McLaurine v. Monroe, 30 
 Mo. 462.) 1 Smith s Leading Cases, Part 2, p. 1025. This may 
 be not only proven in opposition to the record, but also against its 
 averments. Id. Baltzell v. Nosier, 1 Clarke, 588 ; Gleason v. Dodd, 
 4 Met. 335 ; Carleton v. Bickford, 13 Gray, 591 ; Norwood v. 
 Cobb, 15 Tex. 500 ; S. C. 24 Tex. 551 ; Brinder v. Dawson, 1 Scam- 
 mon, 541. But, contra, see Pritchet v. Clark. 5 Harrington, 63 ; 
 Westcott v. Brown, 15 Ind. 83; Rowe v. Hackett, 2 Bosworth. 
 
 10 
 
218 
 
 AUTHENTIC ATION, 219. 
 
 [Art. IV., 
 
 How are 
 acts of the 
 legislature 
 authenti 
 cated ? 
 Act of 
 May 26, 
 17 /0, 1 St. 
 122. 
 
 Judicial 
 proceed 
 ings? 
 
 What does 
 the seal of 
 State 
 import ? 
 
 218. 
 
 How are 
 judgments 
 proved ? 
 
 218. 
 
 Who must 
 certify the 
 clerk s sig 
 nature ? 
 
 570 ; Lapham v. Brings, 1 Williams, 29 ; Bank of Xorth America v. 
 Wheeler, 24 Conn. 433. 
 
 219. CONGRESS MAY PRESCRIBE THE MANNER OF PROVING. 
 The mode of proof prescribed under this clause has been as fol 
 lows : 
 
 u The acts of the legislatures of the several States shall be 
 authenticated by having the seal of their respective States af 
 fixed thereto : That the records and judicial proceedings of the 
 courts of any State shall be proved or admitted in any other court 
 within the United States, by the attestation of the clerk, and the 
 seal of the court annexed, if there be a seal, together with a cer 
 tificate of the judge, chief-justice, or presiding magistrate, as the 
 case may be, that the said attestation is in due form. And the 
 said records and judicial proceedings, authenticated as aforesaid, 
 shall have such faith and credit given to them, in every court 
 within the United States, as they have, by law or usage, in the 
 courts of the State from whence the said records are or shall be 
 taken." Paschal s Annotated Dig., Art. 3709. 
 
 The seal of the State imports absolute verity. The United 
 States v. Amedy, 11 Wheat. 407; The United States v. 
 Johns, 4 Dall. 416. And is prima facie evidence that the officer 
 who used it had competent authority to act. No other authentica 
 tion is necessary than the seal of the State. Id. The usual attes 
 tation of the enactment and signature is not necessary. United 
 States v. Amedy, 11 Wheat. 408. It is sufficient that their exist 
 ence and time of enactment is shown. Id. It must be certified 
 under the seal of the State. Craig v. Brown, Pet. C. C. 354. The 
 laws of a State may be thus certified and proved. But private 
 laws, and special proceedings of a judicial character, are matters of 
 fact, and must be proven in the ordinary manner. Leland v. Wilk 
 inson, 6 Pet. 317, 322. A statute book of a State, in the State De 
 partment at Washington, may be read as evidence of the law. The 
 Commercial & Farmers Bank of Baltimore v. Patterson, 2 Cr. C. C. 
 347. 
 
 Under the Constitution and this section, a judgment recovered in 
 any State of the Union, before a court of competent jurisdiction, 
 upon due notice to the defendant, is not to be regarded in any other 
 State as & foreign, but as a domestic judgment, throughout the United 
 States, so far as to give it the same efl ect in every other State. 
 Baxley v. Dinah, 27 Penn. State R. (4 Harris), 242, 247. And the 
 State court will take notice of the local laws, upon which the judg 
 ment was rendered, in the same manner as the Supreme Court of 
 the United States does. (7 Cr. 408; 3 Wheat. 234; Baxley v. 
 Dinah, 27 Penn. State R. (4 Harris), 243.) State of Ohio v. 
 Hinchman, 27 Penn. State R. (4 Harris), 483; Rogers v. Burns, Id. 
 526. And if the certificate state that it is in "due form," it mat 
 ters not that the judge and the clerk of the probate court were the 
 same person. Id. But as a surrogate acts as a clerk, in certifying 
 his proceedings, and as he also acts in the capacity of judge, he 
 must certify as to the authentication. (Catlin v. Underhill, 4 Mc 
 Lean, 190.) Ohio v. Hinchman, 27 Penn. State R. 484. So that it 
 results that when the judgment of a court of record is proved under 
 
Sec. 1.] AUTHENTICATION, 219. 
 
 the act of Congress, the court where it is produced will take the 
 same notice of the laws of the State from which it comes, that the 
 court which rendered the judgment, or the Supreme Court of the 
 United States would take. Id. This rule seems only to apply to 
 courts of general jurisdiction. 1 Greenl. Ev. 506. It does not 
 apply to judgments rendered before a justice of the peace, when not 
 courts of record. (Cow. & Hill s Notes to Phillips s Ev. Part 2, 
 note 58.) Beal v. Smith, 14 Tex. 309 ; Grant v. Bledsoe, 20 Tex; 
 458 ; Snyder v. Wyse, 10 Barr, 157 ; Warren v. Flagg, 2 Pick. 448; 
 Robinson v. Prescott, 4 N. H. 450; Mahuren v. Blackford, 6 N. H. 
 567 ; Silver Lake Bank v. Harding, 5 Ohio, 545 ; Thomas v. Robin 
 son, 3 Wend. 267. Unless they be courts of record. Bissell v. 
 Edwards, 5 Day, 363 ; Blodget v. Jordan, 6 Verm. 580 ; Stark 
 weather v. Loomis, 2 Verm. 573; Scott v. Cleveland, 3 Monr. 62. 
 But the proceedings of courts of chancery and probate, as well as TTow may 
 of common law, may be thus proved. State of Ohio v. Hinchman, chancery 
 27 Penn. State R. (4 Harris), 243; Scott v. Blanchard, 8 Mart. (N. 
 S.) 106; Balfour v. Chew, 5 Id. 517; Johnson v. Runnells, 6 Id. 
 621; Ripple v. Ripple, 1 Rawle, 381 ; Craig v. Brown, Pet. C. C. 
 352; Hunt v. Lyle, 8 Yerg. 142; Barbour v. Watts, 2 A. K. 
 Marsh, 290, 293. Other judicial proceedings besides judgments are 
 included. Hopkins v. Ludlow, Phila. R. 272. 
 
 " OF ANY STATE," does not apply to the records of the courts of What means 
 the United States. Mason v. Lawrence, 1 Cr. C. C. 190. But the "<> f an .v 
 same rule of proof is applicable to these courts. Tucker v. Thomp- 
 son, 3 McLean, 94. And may be proved by like certificates. Bu- 
 ford v. Hickman, Hemp. 232. This method of proof is not exclu 
 sive of any other which the States may prescribe. Ohio v. Hinch 
 man, 24 Penn. State R. 485; Kean v. Rice, 12 S. & R. 203, 208; 
 Raynham v. Canton, 3 Pick. 293 ; The State v. Stade, 1 D. Chipm. 
 303; Biddle v. James, 6 Binn. 321; Exparte Poval, 3 Leigh, 816; 
 Ellmore v. Mills, 1 Hayw. 359 ; Baker v. Jenkins, 2 Johns. Cases, 
 119. The clerk who certifies the record, must be the clerk of the 
 same court, or of its successor ; the certificate of his under clerk, 
 in his absence, or the clerk of any other court or tribunal, is insuf 
 ficient. Sampson v. Overton, 4 Bibb, 409 ; Lathorp v. Blake, 3 
 Barr, 405 ; Donahoo v. Brannon, 1 Overton, 328 ; Schnertzell v. 
 Young, 3 H. & McHen. 502. Where the clerk certified under the 
 seal of the court, that he was clerk ; and the judge certified that 
 his attestation was in due form, no other evidence of the usual 
 form of attestation can be received. Harper v. Nichol, 13 Tex. 
 161. When the court has no seal, the fact should be certified by 
 the court or the judge. Craig v. Brown, Pet. C. C. 353. The seal 
 must be annexed to the record itself; not to the judge s certificate. What judge 
 Turner v. Waddingt.cn, 3 W. C. C. 126. The certificate to the must 
 clerk s attestation must be given by the judge, if there be but one ; certi v ? 
 or if there be more than one, then by the chief-justice or presiding 
 judge, or magistrate of the court from whence the record comes; and 
 he must possess that character at the time he gives the certificate. 
 A certificate that he is the judge who presided at the time of the 
 trial, or that he is the senior judge of the courts of law in the 
 State, is deemed insufficient. Lathorp v. Blake, 3 Barr, 496 ; 
 Stephenson v. Bannister, 3 Bibb, 369 ; Kirklaud v. Smith, 2 Mart. 
 
220 AUTHENTICATION, 219. [Art. IV., 
 
 (N". S.) 407. And so is the certificate of the judge, styling him 
 self " one of the judges of the court." Stewart v. Gray, Hemp. 
 What must 94; Catlin y. Underbill, 4 McLean, 199. The certificate of the 
 
 cSfeof Ihe J udge mUSt State that the attestation of the clerk is in due form - 
 judge state? Wigg v - Conway, Hemp. 538. "Which means, the form of attesta 
 tion used in ths State from whence the record comes. Craig v. 
 Brown, Pet. C. C. 354. And such certificate of the judge is indis 
 pensable and conclusive. Ferguson v. Harwood. 7 C. R. 408 ; 
 Tooker v. Thompson, 3 McLean, 33 ; Taylor v. Carpenter, 2 W. & 
 M. 4. That the " signature is in the clerk s handwriting," is not 
 sufficient. Craig v. Brown, Pet C. C. 352. Where, however, the 
 record of a judgment of a State court is.ofiered in evidence in a 
 circuit court sitting in the same State, the certificate of the clerk, 
 and seal of the court, is a sufficient authentication. Mewster v. 
 Spaulding, 6 McLean, 24, 
 
 What A judgment of a State court has the same validity, credit, 
 
 HdHjJias an a effect, in every other court within the United States, that 
 merit 1 ? S ~ ^ had in the State wherein it was recovered; and whatever 
 2i8 pleas would be good in a suit thereon, and none others, can be 
 pleaded in any other court within the United States. Hampton 
 v. McConnell, 3 Wheat. 234; Mills v. Duryee, 7 Cranch, 481; 
 Westerwelt v. Lewis, 2 McLean, 511; Warren Manuf. Co. v. 
 ^Etna Ins. Co. 2 Paine, 502; 2 Am. Leading Cases, 774. But the 
 State may enact statutes of limitation, barring such judgment in 
 their courts. McKlmoyle v. Cohen, 13 Pet. 312; Bank State of 
 Ala. v. Dalton, 9 How. 522. There must have been personal ap 
 pearance, or service of process. D Arcy v. Ketcham, 11 How. 
 165 ; Rogers v. Burns, 24 Penn. State R. (3 Casey), 525. Where 
 judgment was rendered in a sister State against an ancillary ad 
 ministrator, it is no foundation for an action, in Texas, against the 
 administrator or heir of the same estate. (Story s Conflict of Laws, 
 3d ed. 522; Lightfoot v. Birkley, 2 Rawle, 431, 436-7.) Jones 
 What faith v. Jones, 15 Tex. 464. The record, when duly authenticated, 
 and credit ? s hall have in every other court of the United States the same faith 
 and credit as it has in the State court from whence it was taken." 
 (Mills v. Duryee, 7 Cr. 483) Christmas v. Russell, 5 Wall. 302. 
 
 l&nil debet Nil debet is not a good plea to such a judgment. Id. 304. 
 
 a good pica ? Nor is fraud as to the promise on which the judgment was ob 
 tained ; nor the manner of obtaining it. (Bank of Australasia v, 
 Nias, 4 Eng. Law and Eq. 252.) Id. ; Granger v. Clark, 22 Maine, 
 130; Anderson v. Anderson, 8 Ohio, 108. They cannot be at 
 tacked collaterally by the parties and privies to the record. B. & 
 W. Railroad v. Sparhawk, 1 Allen, 448; Homer v. Fish, 1 Picker 
 ing, 435 ; McRae v. Mattoon, 13 Pickering, 57 ; Atkinsons v. 
 Allen, 12 Vermont, 624 ; Christmas v. Russel, 5 Wall. 306. That 
 is where it appears that the court had jurisdiction of the cause, 
 and that the defendant was duly served with process, or appeared 
 and made defense. (Hampton v. McConnel, 3 Wheaton, 332; Na 
 tions et ol. v. Johnson et al. 24 Howard, 203 : D Arcy v. Ketchum, 
 11 Id. 165 ; Webster v. Reid, Id. 4GO.) 5 Wall. 302. The rule is 
 undeniable that the judgment or decree of a court possessing com 
 petent jurisdiction is final, not only as to the subject thereby de- 
 
Sec. 1.] AUTHENTICATION, 219. 
 
 termined, but as to every other matter which the parties might 
 have litigated in the cause, and which they might have had de 
 cided. (Dobson v. Pearce, 2 Kernan, 165. Hollister v. Abbott, 
 11 Foster, 448; Rathbone v. Terry, 1 Rhode Island, 77 ; Topp v. 
 The Bank, 2 Swan, 188; Wall v. "Wall, 28 Mississippi, 413.) 
 Christmas v. Russell, 5 WaU. 307. 
 
 " 1. From and after the passage of this act, all records and ex- Act of 
 emplifications of office books, which are or may be kept in any March 27, 
 public office of any State, not appertaining to a court, shall be Jjj^ 2 btat 
 proved or admitted in any other court or office in any other State, 
 by the attestation of the keeper of the said records or books, and 
 the seal of his office thereto annexed, if there be a seal, together what is t.ie 
 with a certificate of the presiding justice of the court of the county mode of 
 or district, as the case may be, in which such office is or may be ( ^h Jrlhan 
 kept ; or of the governor, the secretary of State, the chancellor, judicial 
 or the keeper of the great seal of the State, that the said attes- records ? 
 tation is in due form, and by the proper officer ; and the said cer 
 tificate, if given by the presiding justice of a court, shall be 
 further authenticated by the clerk or prothonotary of the said 
 court, who shall certify, under his hand and the seal of his office, 
 that the said presiding justice is duly commissioned and qualified ; 
 or if the said certificate be given by the governor, the secretary of 
 State, the chancellor or keeper of the great seal, it shall be under 
 the great seal of the State in which the said certificate is made. 
 And the said records and exemplifications, authenticated as afore 
 said, shall have such faith and credit given to them in every court 
 and office within the United States, as they have by law or usage, 
 in the courts or offices of the State from whence the same are or 
 shall be taken." Paschal s Annotated Digest, Art. 3710; 1 Bright 
 ly s Dig. p. 266. 
 
 Where a conveyance to lands in Texas was dated on the 14th How are 
 April, 1838, and executed and recorded before a notary public 
 the city of New Orleans, La., in accordance with the laws of Louis- 
 iana, a copy of which was certified by the notary s successor, 
 on the 6th March, 1851 ; to which was appended the certificate of 
 the judge of the district court of New Orleans, that the certificate 
 was in due form, and by the proper officer ; and the official certifi 
 cate of the clerk of that court, that the judge was such, the 
 authentication was in accordance with this act. Watrous v. 
 McGrew, 16 Tex. 509, 512. See Paschal s Annotated Digest, note 
 508. By that article (Ord. of 22d January, 1836) and the act 
 of the provisional government of Texas, we take judicial notice 
 of the civil code and Code of Practice of Louisiana. Watrous v. 
 McGrew (16 Tex. 512), reviewed and affirmed. White v. Burn 
 ley, 20 How. 250. It was a civil law conveyance, made in a 
 notary s book, and a copy furnished to the grantee, as a second 
 original. Id. Sworn copies of records in a foreign country can 
 be given in evidence when better evidence cannot be procured. 
 But that they are records, must be shown by other evidence. 
 Bryant v. Kelton, 1 Tex. 435, 436. The laws authorizing the 
 record of bills of sale in a foreign country (as Georgia was before 
 annexation), and showing who was the keeper of the records, 
 
222 CITIZENS, 219, 220. [Art. IV., Sec. 2, 
 
 should also be proven. Id. So where the record of a marriage, 
 
 solemnized by a justice of the peace in Missouri, was certified 
 
 under this act, the statute which authorized the justice to 
 
 solemnize the marriage, should also have been proven : as also 
 
 the statute authorizing the registration. Smith v. Smith, 1 Tex. 
 
 Can records 625, 626. The records are among the public writings recognized 
 
 be proved -fry ^ e common law invested with an official character, and there- 
 
 ary S ev n " f re susceptible of proof by secondary means, but which are not 
 
 dence? of the nature of judicial records or judgments ; such as acts and 
 
 orders of the executive of a State ; legislative acts and journals ; 
 
 registers kept in public offices ; books which contain the official 
 
 proceedings of corporations, if the public at large are concerned 
 
 with them; parish registers, and the like. Snyder v. Wise, 10 
 
 Barr, 158. The certificate must state that the attestation is in due 
 
 form, and by the proper officer. Drummond v. McGruder, 9 Cr. 
 
 122; 1 Burr s Trial, 98. 
 
 Act of " 2. All the provisions of this act, and the act to which this is a 
 
 March 27, supplement, shall apply, as well to the public acts, records, office 
 
 208. books, judicial proceedings, courts, and officers of the respective 
 
 territories of the United States, and countries subject to the 
 
 jurisdiction of the United States, as to the public acts, records, 
 
 office books, judicial proceedings, courts, and offices of the several 
 
 States." Paschal a Annotated Dig. Art. 3711. 
 
 This extension is a constitutional exercise of the legislative 
 powers of Congress. Hughes v. Davis, 8 Maryland, 271. 
 
 what are SEC. II. [l.] The citizens of each State shall be 
 ie|es of l " entitled to all privileges and immunities of citizens in 
 
 citizens? ,, i cu 
 
 the several States. 
 
 Who are 22O. "THE CITIZENS or EACH STATE." See Confederation, 
 
 citizens ? ar ^ Art. IV. p. 10. " I find no definition, no authoritative establish- 
 
 274, 17, 18. ment of the meaning of the phrase (citizen of the United States), 
 
 neither by a course of judicial decisions in our courts, nor by the 
 
 continued and consentaneous action of the different branches of 
 
 our political government." Bates on Citizenship, 3. 
 
 How many It may be deduced from the previous definitions and all the 
 classes of authorities, that the following classification of " CITIZENS" may 
 
 the i7 U D S? satisfy most stlldents : 
 
 jg 9 1. All white persons, or persons of European descent, who were 
 
 born in any of the colonies, or resided and had been adopted there 
 rule M to C before 1776, and who adhered to the cause of independence up to 
 colonists of the fourth of July, 1776. Paschal s Annotated Digest, notes 147, 
 1T76? 148i 238, 240, 350; United States v. Ritchie, 17 How. 538; Orson 
 
 274 - v. Hoag, 3 Hill (N. Y.), 80-85; Jackson v. White, 20 John, 313 ; 
 277. Jnglis v. The Trustees of the Sailors Snug Harbor, 3 Pet. 99 ; 
 Kelly v. Harrison, 20 Johns. Cases, 29; Dawson v. Godfrey, 4 
 Cr. 321; Fairfax v. Hunter, 7 Cr. 603; Or v. Hodgson, 4 Wheat. 
 45. !. The males of these are eligible to the Presidency. 
 Who of the 2. All the descendants of such persons, who have since been 
 native born ? Dorn i n an y o f those thirteen States, or in any new State or Terri 
 tory of the United States, or in the District of Columbia, or abroad, 
 
01.1.] CITIZENS, 220. 223 
 
 since the enabling acts of Congress (Indians not taxed or tribal 
 Indians excepted). That is, all free white persons born within 
 the jurisdiction of the United States, and all born abroad, whose 
 parents are citizens absent on business. Paschal s Annotated 
 Digest, Art. 5410, Act of 10th Feb. 1855; 10 St. 604. 
 
 3. All the free white or European inhabitants of Louisiana, and Who of the 
 the Creoles of native birth, residing there at the time of the pur- Louisiana 
 chase from Napoleon the First, by the treaty of 30th April, 1803, tei 
 
 and who remained in and adhered to the United States, and the 
 descendants of all such. 6 St. Art. III. p. 202. 
 
 4. All the inhabitants of Florida, at the date of the treaty of What of the 
 cession of 24th October, 1819, who adhered to the United States, inhal.itnnts 
 and remained in the country. Treaty with Spain, 8 St. p. 256, of Florida? 
 Art. VI. This included those who had left their native domiciles, 
 
 and were on their way to Florida at the time of the exchange of 
 flags. Levy s (Yulee s) Case. This treaty is the law of the land, 19. 
 and admits the inhabitants of Florida to the enjoyment of the priv- 220. 
 ileges, rights, and immunities of citizens of the United States. 
 (American Insurance Company v. Carter, 1 Pet. 542, 543; and see 
 United States v. Gratiot [4 Pet. 526] ; Cross v. Harrison, 1C How. 
 189); S. C., Whiting, 332. 
 
 5. All the free inhabitants of Texas at the date of the annexation Who became 
 of that republic (29th December, 1845), descendants of Africans citizens i.y 
 and Indian tribes excluded. 9 St. 108; Paschal s Annotated [ 1 i 1 () c n a 1 " cxa " 
 Digest, p. 40, note 159; Calkin v. Cocke, 14 How. 227. Texas? 
 
 When the Congress of the United States, under the authority to what was 
 admit new States, receives a foreign nation into the confederacy, the effect of 
 the laws of these respective nations, in relation to the naturaliza- *" "rexas" 1 
 tion of individual immigrants, have no application to the respective U])0n c iti- 
 citizens of each. By the very act of union, the citizens of each zenship? 
 become citizens of the government or governments formed by this 
 union. Cryer v. Andrews, 11 Tex. 105. See Sabariego v. McKin- 229, 93. 
 ney, 18 How. 240; Paschal s Annotated Digest, notes 148, 237- 
 240. 
 
 G. All the inhabitants of California and other territory acquired Who of the 
 by the treaty of Guadalupe Hidalgo, on the 2d February, 1848 inhabitants 
 (St. 929, Art". VIII.), who remained and adhered to the United JecameSti- 
 States. Sabariego v. McKinney, 18 Howard, 289; Paschal s Anno-zens? 
 tated Digest, p. 39, note 147. 
 
 By the plan of Jguala, adopted by the revolutionary government Who were 
 of Mexico, 24th Feb., 1821, it is declared that "all inhabitants of citizens of 
 New Spain, without distinction, whether Europeans, Africans, or IeXlco 
 Indians, are citizens of this monarchy, with a right to be employed 
 in any post, according to their merit and virtues;" and that -the 
 person and property of every citizen will be respected and pro 
 tected by the government." We are also referred to the treaty 
 of Cordova, of 24th August, 1821, and the declaration of independ 
 ence of the 28th September, 1821, reaffirming the principles of the 
 plan of Iguala. Also to the decree of the 24th February, 1822, by 
 which u the sovereign Congress declares the equality of civil rights 
 to all free inhabitants of the empire, whatever may be their origin 
 in the four quarters of the earth. 1 Also to the decree of the 9th 
 
224 CITIZENS, 220. [Art. IV., Sec. 2, 
 
 April, 1823, which reaffirms the three guaranties of the plan of 
 Iguala, viz.: 1. Independence; 2. The Catholic religion ; 3. Union 
 of all Mexicans of whatever race. The United States v. Ritchie, 
 17 How. 538. The decree of the 17th September, 1822, with a 
 view to give effect to the 12th article of the plan of Jguala, declared 
 that classification of the inhabitants, with regard to their origin, 
 shall be omitted. Id. The foregoing solemn declarations of the 
 political power of the government, had the effect, necessarily, 
 to invest the Indians with the privilege of citizenship, as effectu 
 ally as had the declaration of independence of the United States 
 of 1776, to invest all those persons with these privileges, residing 
 in the country at the time, and who adhered to the interests of the 
 colonies. (Inglis v. Sailors Snug Harbor, 3 Pet. 99, 121.) Id. 540. 
 Under the Constitution and laws of Mexico, as a race, no distinc 
 tion was made between the Indians, as to rights of citizenship 
 and the privileges belonging to it, and the European or Spanish 
 blood. Id.; Paschal s Annotated Digest, note 350. Therefore, 
 all these inhabitants, without distinction of race or color, seem to 
 have been made citizens of the United States. 
 
 Who of Arl- 7. All the inhabitants (Mexican citizens) of Arizona, at the date 
 
 zona? O f t h e Gadsden treaty (1854), who adhered to and remained in the 
 
 United States. 10th St. 1035, Art. V. 
 
 Are there 8. A few who have been naturalized by special enactments, as 
 
 & "y ]* La Fayette. 
 
 special en 
 actments? 9. All the slaves, who, by the laws of war, the proclamations of 
 Horwer ^ ^ e Presidents, the oaths of amnesty and allegiance required by 
 s laveTand President Johnson, the thirteenth amendment of the Constitution 
 free persona of the United States, and the various amendments of the Constitu- 
 of color ? t j ons O f tne fifteen slave States, the *\ eaties with the Indians, the 
 Civil Eights Bill, and the fourteesch (?) constitutional amendment, 
 6 > 18 - have become citizens of the United States. 14 St. 358 (Treaties), 
 
 pp. 72, 85, 102, 117 ; Pasch?u s Annotated Digest, Art. 5382 ; note 
 144, p. 37 ; note 120, p. 24; note 1062, p. 786; note 1174, p. 930. 
 Who by 10. All persons natur?iized according to " uniform rule." 2 St. 
 
 naturalize 153; ^ 811; 3 St. 53, 259 ; 4 St. 69, 310 ; 9 St. 240; 10 St. 604 ; 
 Q o 13 St. 957 ; Paschal s Annotated Digest, Arts. 5392-5412, notes 
 
 1168-1172, pp. 919-925; Story s Const. 1806. 
 
 What rule as And " any woman who might be lawfully naturalized under the 
 to women ? ex } s ting laws, married, or who shall be married, to a citizen of the 
 United States, shall be deemed and taken to be a citizen. " 10 St. 
 604, 2 ; Paschal s Annotated Digest, Art. 5411. 
 
 Who of the 11. All such Indians as have ceased their tribal relations, and 
 
 Indian been declared citizens of the United States by treaties or acts of 
 
 Congress: as the Choctaws, who remained citizens of Missis- 
 
 21,91,92. sippi and Alabama, under the treaty of 1833; "Wilson v. Waul, 
 
 U. S. C., December 7, 1867,.6 Wall. 000. The Ottawas, by treaty of 
 
 June 24 and July 28, 1862, to take effect five years from the 
 
 274. ratification thereof, 12 St. 315; and 24th June, 1862, 12 St. 1237, 
 
 Art. 1 ; the Wyandottes, 31st Jan. 1855, 10 St. 1159, Art, 1 ; Ottawas 
 
 and Chippewas, of Michigan, 11 St. 621, Art. 5; Chippewas, 2d 
 
 Aug. 1855, 11 St. 633, Art. 6; Pottawattomies, 15th Nov. 1861, 12 
 
Cl. 1.] IMMUNITIES, 220, 221. 225 
 
 St. 1191, Art. 3; Kickapoos, 28th June, 1862, 13 St. 623, Art. 3; 
 Dela wares, 4th July, 1866, 14 St. 109. 
 
 12. Whether a corporation is " a citizen," within the meaning of Is a corpora 
 this clause does not seem to be clearly determined. Bank of tk)n a citi 
 United States v. Devaux, 5 Or. 61; Bank of Augusta v. Earle, 13 Cn 2 o5o. 
 Pet. 586; Slocomb v. Bank of Vicksburg, 14 Pet. 60; Louisville 
 Railroad Co. v. Letson, 2 How. 556; People v. Islay, 20 Barb. 
 68 ; Warren Manufacturing Co. v. JEtna Ins. (Jo. 2 Paine, 502 ; 
 Holmes v. Nelson, Phila. R. 218, 219. 
 
 As they are citizens of a State who may sue citizens of another 
 State ; as they are artificial persons ; and as the guaranty secures 
 the rights, whether the citizen of a State ever goes into another 
 State or not, it is difficult to see why the rule will not apply, that 
 the private corporation shall have all the privileges and immuni 
 ties which like corporations have in the State where the right is 
 asserted, not where the artificial person is created. See Mills v. 
 The State, 23 Tex. 295, 302, 306 ; Paschal s Annotated Digest, 
 notes 202, 203, 639. 
 
 It will thus be seen that all citizens of the United States are 
 either native born or naturalized. The native born, who owe 
 allegiance to the United States from the moment of their birth, 
 ought to be citizens ; and about it there never would have been 
 any dispute, but for color and the extreme doctrines of States 
 Rights, which maintained that there was no national citizenship. 
 The adopted or naturalized citizens have been made so by 
 treaties, statutes, and uniform rule of naturalization. 
 
 "PRIVILEGES AND IMMUNITIES." And the words righfo, DeCne prir- 
 privikyes, and immunities, are abusively used, as if they were | le ^ s a ." . 1 
 synonymous. The word "rights" is generic, common, embracing 220 274 
 whatever may be lawfully claimed. Bates on Citizenship, 22. 
 
 Privileges are special rights belonging to the individual or class, 
 and not the mass. Properly an exemption from some duty, an 
 immunity from some general burden or obligation ; a right 
 peculiar to some individual or body. Ex parte Coupland, 26 Tex. 
 420. Immunities are rights of exemption only freedom from what 
 otherwise would be a duty or burden. Bates on Citizenship, 22. 
 
 " In my opinion the meaning is, that in a given State, every 
 citizen of every other State shall have the same privileges and im 
 munities that is, the same rights which the citizens of that 
 State possess. They are not subject to the disabilities of alienage ; 
 they can hold property by the same titles by which every other 
 citizen may hold it, and no other ; discriminating legislation against 
 them would be unlawful." Lemmon v. The People (Denio, J.), 20 
 N. Y. R. 608. 
 
 But the clause has nothing to do with the distinctions founded 
 on domicile. The citizen cannot carry the legal institutions of his 
 native State with him. The privileges and immunities are not 
 limited by time, but are permanent and absolute. Any law which, 
 should deny ingress or egress to citizens would be void. Id. 
 
 The States possess the power to forbid the introduction into 
 their territory of paupers, criminals, or fugitive slaves. (Moore v. 
 Illinois, 14 How. 13.) Lemmon v. The People, 20 N. Y: R. 610. 
 10* 
 
226 IMMUNITIES, 221. [Art. IV., Sec. 2, 
 
 How far can The State may determine the status of persons within its juris- 
 
 deiormine diction > except so far as it has been modified or restrained by the 
 
 ttwettttui Constitution of the United States. (Groves v. Slaughter, 15 Pet. 
 
 of persons? 419; Moore v. Illinois, 14 How. 13 ; City of New York v. Miln, 
 
 11 Pet. 131, 139.) Lemmon v. The People, 20 N. Y. R. 603. See 
 
 Articles of Confederation, ante, p. 10, Art. IV., Federalist, Nos. 42, 
 
 80; Story s Const, 1098, 1804-1809. 
 
 What are This is confined to those privileges and immunities which arc, in 
 l^es -md their nature fundamental ; which belong, of right, to the citizens of 
 immunities a11 free governments ; and which have, at all times, been enjoyed 
 here guar- by the citizens of the several States which compose this Union, 
 anteed? from the time of their becoming free, independent, and sovereign. 
 They may be all comprehended under the following general 
 heads : Protection by the government; the enjoyment of life and 
 liberty, with the right to acquire and possess property of every 
 kind, and to pursue and to obtain happiness and safety, subject, 
 nevertheless, to such restraints as the government may justly pre 
 scribe for the general good of the whole. The right of a citizen 
 of one State, to pass through or to reside in any other State, 
 for purposes of trade, agriculture, professional pursuits, or other 
 wise ; to claim the benefit of the writ of habeas corpus ; to insti 
 tute and maintain actions of any kind in the courts of the State; 
 to take, hold, and dispose of property, either real or personal; and 
 an exemption from higher taxes or impositions than are paid by 
 the other citizens of the State, may be mentioned as some of the 
 particular privileges and immunities of citizens, which are clearly 
 embraced by the general description of privileges deemed to be 
 fundamental; to which may be added, the elective franchise, as 
 regulated and established by the laws or Constitution of the State 
 in which it is to be exercised. Corficld v. Cory ell, 4 Wash. C. C. 
 380-1 ; Smith v. Moody, 26 Ind. 302. And to this clause of the 
 Constitution, it seems, may be properly referred the right which, 
 it has been asserted, is possessed by a citizen of one State to pass 
 freely with his slaves through the territory of another State, in 
 which the institution of slavery is not recognized. United States 
 v. Williamson, 4 Am. L. R. 19 ; see The People v. Lemmon, 5 
 Law Rep. 486. It does not embrace privileges conferred by the 
 local laws of a State. Conner v. Elliott, 18 How. 591. Such as 
 the rights of representation or election. Murray v. McCarty, 2 
 Murif. 393. And see the questions fully discussed in Scott v. 
 Sandford, 19 How. 399. 
 
 Can a State Since the adoption of the Constitution no State can, by any sub- 
 make a citi- sequent law, make a foreigner, or any description of persons, 
 Unite(l citizens of the United States, nor entitle them to the rights arid 
 States? privileges secured to citizens by that instrument. Scott v. Sand- 
 ford, 19 How. 393. Negroes are not ; citizens " intended to be 
 Negroes? included in the Constitution, and can therefore claim none of the 
 rights and privileges which that instrument provides for and 
 secures to citizens of the United States. LI. 4<H. We must not 
 National corif mud the rights of citizenship which a State may confer within 
 citizenship ? [^ OW11 limits, and the rights of citizenship as a member of the 
 Union. Id. 405. He may have all the rights and privileges of 
 the citizen of a State, and yet not be entitled to the rights and 
 
01.1.] IMMUNITIES, 221. 227 
 
 privileges of a citizen in any other State. Id. Nor have the 6. 
 States surrendered the power and privilege of conferring the rights 
 and privileges of citizens, by adopting the Constitution of the 
 United States. Each State may still confer them upon an alien, or Can a State 
 any one it thinks proper, or upon any class or description of make citi- 
 persons ; yet he would not be a citizen in the sense in which the unTted 
 word is used in the Constitution of the United States, nor entitled stutea? 
 to sue as such in one of its courts, nor to the privileges and im 
 munities of a citizen in the other States. Id. The State cannot 
 make a man a member of the community of the United States by 
 making him a member of its own. Id. 406. 
 
 " I fully concur in the statement that the description, citizen of ike 19, SO, 35, 63 
 United States, used in the Constitution, has the same meaning that 69 > i? - 
 it has in the several acts of Congress passed under the authority 
 of the Constitution." (William Wirt, Attorney-General, 1 Op. 7th 
 Nov. 1821, vol. 1, p. 506.) Bates on Citizenship, pp. 17, 18. 
 
 But it means in them all the simple expression of the political 
 status of the person in connection with the nation that he is a 
 member of the body politic. Id. 18. 
 
 It is said in the opinion that " the allegiance which the free man Was a free 
 of color owes to the State of Virginia, is no evidence of citizenship, n 
 for he owes it not in consequence of an oath of allegiance." (1 Op. 
 506, Wirt.) "This proposition surprises me; perhaps I do not 
 understand it. The oath of allegiance is not the cause but the 
 consequence of citizenship. Upon the whole I am of the opinion 
 that free persons of color in Virginia are not citizens of the United 
 States, within the intent and meaning of the acts regulating the 
 coasting and foreign trade." (I Op. 510, Wirt.) Bates on Citizen 
 ship, 19. As an authority this opinion is rebutted by the opinion 
 of Attorney-General Legare, of 15th March, 1843. (4 Op. 147.) 
 Bates, Id. He held that a colored man was a citizen of the 
 United States, entitled to a pre-emption. Id. 
 
 " If this be so (that is, if they be negroes), they are not citizens Were free 
 of the United States," entitled to passports under the act of 18th negroes in 
 August, 1856, which restricts the right to citizens. (William L. entitled^ 
 Marcy, Sec y of State, 4th Nov. 1856.) Bates on Citizenship, 20. to all the 
 But see the certificate offered, which is equivalent to a passport, privileges? 
 Id. The citizens here spoken of are those who are entitled to " all 
 the privileges and immunities of citizens." But free negroes, by 
 whatever appellation we call them, were never in any of the States 
 entitled to all the privileges and immunities of citizens, and conse 
 quently were not intended to be included when this word was 
 used in the Constitution. (The State of Tennessee v. Ambrose, 1 
 Meigs, 331.) Bates on Citizenship, 21. 
 
 The meaning of the language is that no privilege by, or immunity Construe thj 
 allowed to the most favored class of citizens in said State shall be language? 
 withheld from a citizen of any other State. (Tennessee v. 
 Ambrose, 1 Meigs, 331.) Bates on Citizenship. Either a free 
 negro is not a citizen in the sense of the Constitution, or. if a 
 citizen, he is entitled to all the privileges and immunities of the 
 most favored class of citizens. But this latter consequence will be 
 contended for by no one. It must then follow that they are not 
 
228 
 
 CITIZENS OF STATES, 221, 222. [Art. IV., Sec. 2, 
 
 How does 
 tne Consti- 
 
 of citizens? 
 ML 
 
 274. 
 
 What was 
 
 citizens. (Tennessee v. Ambrose. 1 Meigs, 331.) Bates on Citi- 
 zens hip. But the Constitution speaks of citizens only, without any 
 reference to their rank, grade, or class, or to the number or 
 magnitude of their rights and immunities citizens simply, with 
 out an adjective to qualify their rights. Id. 
 
 Scott v. Sandford, 19 How. 393, reviewed. Id. 24. It is shown 
 that it only determines that persons of African descent, whoso 
 ancestors were of pure African blood, who have been brought to this 
 country and sold, are not citizens of Missouri in the sense in which 
 that word is used in the Constitution. Bates on Citizenship. 
 
 Indeed the exclusive right of the State of Missouri to determine 
 and regulate the status of persons within her territory was the only 
 point in judgment in the Dred Scott case, and all beyond this w r as 
 obiter. (Ex parte Simmons, 4 Wash. C. C. "R. B96; Groves v. 
 Slaughter, 15 Pet. 508; Strader v. Graham, 10 How. 92.) Lemmon 
 v. The People, 20 N. Y. (6 Smith), 624. 
 
 The intention of this clause was to confer on the citizens of each 
 
 of th 
 guaranty ? 
 
 r ( ti" i tenti n State all the privileges and immunities which the citizens of the 
 same would be entitled to under the like circumstances. (Story s 
 Const. 1806.) Smith v. Moody, 26 Ind. 301. Among which 
 privileges and immunities is the right to become a citizen of 
 any one of the several States, bv becoming a resident thereof. 
 Id. 
 
 A citizen of the United States residing in any State of the Union, 
 is a citizen of that State. (Gassiea v. Ballou, 6 Peters, 761.) Smith 
 v. Moody, 26 Ind. 301. 
 
 The thirteenth article of the Constitution of Indiana denies these 
 rights to all persons of African descent. Id. 
 
 The case of Scott v. Sandford, 19 How. 417, 422, 423, quoted. Id. 
 
 The opinions of Attorneys-General Bates and Legare, anfe, 
 quoted. Id. 303. 
 
 The opinion in Scott v. Sandford, though never formally over 
 ruled, is now disregarded by every department of the government. 
 Id. 304. Passports are granted to free men of color; Congress de 
 clares them to be citizens ; the Supreme Court of the United States 
 admits them to its bar. Id. 
 
 At the time of the adoption of the Constitution, all free native- 
 born inhabitants of the States of New Hampshire, Massachusetts, 
 New York, New Jersey, and North Carolina, though descended 
 from African slaves, were not only citizens of those States, but 
 18. such of them as had the other necessary qualilications possessed 
 the franchise of electors on equal terms with other citizens. (The 
 State v. Manuel, 4 Dev. Bat. 20.) Smith v. Moody, 26 Indiana, 
 304. 
 
 Who were 222. "OF CITIZENS IN THE SEVERAL STATES." This W3S m- 
 
 ineunt by tended to secure to the citizens of every State, within every other, 
 the several ^ ie privileges and immunities (whatever they might be) accorded in 
 Suites ? each to its own citizens, and no others. Lemmon v. The People, 
 144, 221, 206. 20 N. Y. (6 Smith), 627. See Confederation, Art. IV. ante, p. 10. 
 
 It did not mean that the citizens of Virginia, who were entitled 
 
 221. to hold slaves there, could bring those slaves into New York and 
 
 hold them as such, in accordance with the laws of Virginia. Lem- 
 
 Is Scott v. 
 
 Sandford 
 
 law? 
 
 6. 
 274. 
 
01. 1, 2.] CITIZENS OF STATES, 222. 229 
 
 mon v. People, 20 N. Y. (6 Smith), 627. Jackson v. BtiUoch, 12 
 Conn. 38. 
 
 As a general principle, the slaves who were carried from slave to What was 
 free States, with the permission of their masters, and permitted to ^ .^^ uf 
 reside there, obtained their freedom ; and the owners could not slaves"? om 
 resume their control over them as slaves upon the return of such a slave to a 
 slaves to such slave States. Harry v. Lyles, 4 H. & McHen. 215 ; fl<ee Sute? 
 Baptiste v. Volundrum, 5 H. & Johns. 86; Davis v. Jaquin, Id. 100, 
 107: Respublica v. Blackmore, 2 Yates, 234; C. S., Addis. 284; 
 David v. Porter, 4 II. & McHen. 418; Gilmer v. Fanny Gilmer, 
 Id. 143 ; Lewis v. Fullerton, 1 Rand. 15 ; Butler v. Hopper, 1 Wash. 
 C. C. 499; Vincent v. Duncan, 2 Missouri, 214; Milly v. Smith. Id. 
 36; Winney v. Whitesides, 1 Id. 472; Julia v. McKinney, 3 Id. 
 270; Nut. v. Ruddie, Id. 400; Vincent v. Duncan, 2 Id. 214; 
 Hank in v. Lydia, 2 A. K. Marshall, 467. See the cases fully col 
 lected in Wheeler s Law of Slavery, 335-388 ; Cobb on Slavery. 
 
 The result of the cases seems to be that the citizen of one State 
 does not carry the local laws of his State, which are repugnant to 221. 
 the laws of his new domicile into that State. But when he goes 13, 226-223. 
 into a State, he is entitled to all the rights and privileges of the 
 citizens of that State, no more, no less. He is not entitled to 
 vote, as one of his privileges, until the Constitution or laws of that 
 State give him the power. See Story s Conn. Laws, 321-327. 
 
 It is fresh in the memory of all that the Southern school occu 
 pied the ground that this was not the law as to the Territories, but 
 that the citizen might carry his slave there, and hold him as a 
 slave, despite any law of Congress or the Territories, until a State 
 Constitution was formed for admission into the Union. 
 
 The opposite extreme held, that neither Congress nor the Terri- 226-223. 
 torial legislature, nor both combined, could legalize slavery in the 
 " common territory ;" but that it could only be legalized by a State 
 Constitution, when the people were about to apply for admission 
 into the Union. A subject which led to such opposite absurdi 
 ties, might well be called a very obscuring one. See Cobb on 
 Slavery ; passim, Douglas s Speeches for ten years ; the Debates 
 in Congress from 1848 to 18GO; Benton s Thirty Years, and the 
 political platforms everywhere. Scott v. Sandford, 19 How. 393. 
 
 This " GUARANTY " applies to the people of the United States, 
 whether existing in States complete, or in inchoate States called 226. 
 Territories. 6 Op. 304. 
 
 The fourth article of the Confederation quoted (ante, p. 10). Con 
 gress refused to insert the word ; white." Id. It is clear that p. 9. 
 under the Confederation, and at the time of the adoption of the 
 Constitution, free colored persons of African descent might be, and 
 by reason of their citizenship in certain States were, citizens of 
 the United States. Smith v. Moody, 26 Ind. 305 ; Bates on Citi 
 zenship. 
 
 [2.] A person charged in any State with treason, What are 
 felony, or other crime, who shall flee from justice, and tionsa^to 
 be found in another State, shall, on demand of thef" c 
 executive authority of the State from which he fled, 
 
230 
 
 FUGITIVES, 223, 224. [Art. IV., Sec. 2, 
 
 What does 
 " person" 
 mean ? 
 16, 20, 21, 22, 
 2*, 35, 46, 
 144, 109, 220, 
 226, 228. 
 215, 192, 194, 
 110-116. 
 For what 
 crimes ? 
 
 213, 193, 194. 
 
 be delivered up, to be removed to the State having 
 jurisdiction of the crime. 
 
 223. " A PERSON," in practice, has been held to extend to free 
 and slave; naturalized and not naturalized; white, Indian, and 
 colored; male and female; in fact, not only to the "people," 
 the " numbers," or " inhabitants ;" the "citizens," "aliens, 7 and 
 " all others;" but to every manner of "PERSON," whether resident, 
 or not, who is " CHARGED IN ANY STATE WITH TREASON, FELONY, on 
 
 OTHER CHIME." 
 
 It is not necessary that the crime charged should constitute an 
 offense at the common law. In the matter of William Fetter, 3 
 Zabr. 311. It is enough that it is a crime against the laws of the 
 State from which he fled. Johnson v. Riley, 13 Ga. 97; In the 
 matter of Clark, 9 Wend. 221 ; Commonwealth v. Daniels, 6 Penn. 
 L. J. 428 ; Hayward s Case, 1 Am. L. J. 231. The words embrace 
 every act made punishable by the laws of the State. Kentucky v. 
 Ohio, 24 How. 99. Misdemeanors as well as treason. Id. 100, 
 102. By the act of 12th Feb. 1793, 1 St. 302, provision is made to 
 carry into practical effect this provision of the Constitution. John 
 son v. Riley, 13 Ga. 133. All that is required is to produce the 
 copy of an indictment found, or an affidavit made, before a magis 
 trate of such State, charging the person so demanded with having 
 committed a crime against the governor. Id. 
 
 8. 224. "Wno SHALL FLEE FROM JUSTICE AND BE FOUND IN AN- 
 
 What is "to OTHER STATE." To FLEE is to run away, as from danger or evil ; as 
 " the wicked flee when no man pursueth." Webster s Die., FLEE. 
 Here, to be " found in another State " is sufficient without any 
 actual flight. 
 
 A fugitive from justice may be arrested and detained until a 
 formal requisition can be made by the proper authority. Common 
 wealth v. Deacon, 10 S. & R. 135; Dow s Case, 6 Harr. 39; In the 
 matter of William Fetter, 3 Zabr. 311; The State v. Buzine, 4 Har- 
 ring, 572; In the matter of Clark. 9 Wend. 221; Goodhue s Case, 
 1 City Hall Recorder, 153; Gardner s Case, 2 Johns. 477; Com 
 monwealth v. Wilson, Phila. R. 80. The executive upon whom tho 
 demand is made, cannot go behind the demand and acconfpanying 
 charge of the governor demanding, to determine whether, by the 
 laws of his own State, the offense charged is a crime. Each State, 
 as a sovereign, must determine for itself, what is a crime. Johnson 
 v. Riley, 13 Ga. 133-4. And see the case of McGoffin, Governor 
 of Kentucky v. Dennisx>n, Governor of Ohio, 24 How. 99, 100, ion. 
 The duty of the executive on whom the demand is made, is 
 merely ministerial. Id. This article was substantially copied from 
 an article of the Confederation, which required tho demand to be 
 made upon the executive. The same rule was intended. Id. 
 102-3; ante, Art. III. p. 10. The right to demand is absolute; 
 and the duty to deliver, correlative. Id. 103. The proceedings 
 should correspond to the act of 12th February. 179:>. Id. Tho 
 governor on whom the demand is made, cannot look to the suffi 
 ciency of the indictment. Id 106-7. While the act of Congress 
 
 conclusive? Declares that it is the "duty" of the governor to comply with tho 
 
 lice 
 
 Upon what 
 may the 
 fugitive be 
 arrested r 
 
 Is the in 
 dictment 
 
01. 2.] FUGITIVES, 224, 225. 231 
 
 demand, there is no power in the Supreme Court of the United 
 States to enforce the performance of this moral duty. Kentucky v. 
 Ohio, 24 How. 107-8. 
 
 The relator insists on his discharge, on the ground of insufficiency What nre 
 and illegality of the warrant ; in this, that it does not show by recital, the reqai- 
 that the representation and demand of the governor of the State of S1 
 Arkansas, was accompanied with a copy of an indictment found, or 
 an affidavit made, before some magistrate of the State of Arkansas, 
 certified to by said executive as being duly authenticated, and 
 charging the relator with having committed the crime of forgery 
 within the said State ; and we are of opinion, that, on the ground 
 set forth, he is entitled to his discharge. Ex parte Thornton, 9 
 Tex. 614-5. The chief-justice quoted the foregoing clause of the 
 Constitution and the act of 1793, and concluded the things neces 
 sary are: 1. A copy of the indictment found, or affidavit made, 
 charging the alleged fugitive with having committed the crime. 2. 
 The certificate of the executive of Arkansas, that such copy was 
 authentic. (Ex parke Clark, 9 Wend. 222, cited.) The counsel for 
 Thornton had relied upon this case, and Buckner v. Finley, 2 Pet. 
 586; Ex partc Holmes, 12 Vt. 631 ; Case of Jose Ferriara de los 
 Santos, 2 Brock. 493 ; The matter of Short, 10 S. & R. 125 ; Holmes v. 
 Jennison, 1 4 Pet. 540 ; Warden v. Abell, 2 Wash. Ya. 359, 380. The 
 alleged crime must have been committed in the State from which the 
 party is claimed to be a fugitive; and he must be actually a fugitive 
 from that State. Exparie Joseph Smith, 3 McLean, 133; Hay ward s 
 Case, 1 Am. L. J. 231 ; In the matter of William Fetter, 3 Zabr. 311. 
 The affidavit, when that form of evidence is adopted, must be at What must 
 least so explicit and certain that, if it were laid before a magistrate, the affidavit 
 it would justify him in committing the accused to answer the charge. conuin 
 6 Penn. L. J. 414, 418. It must state positively that the alleged 
 crime was committed in the State from which the party is alleged 
 to be a fugitive, and that the party is actually a fugitive from the 
 State. Exparte Smith, 3 McLean, 121, 132; Fetter s Case, 3 Zabr. 
 311; In the matter of Hayward, 1 Sandf. S. C. 701; Degant v. 
 Michael, 3 Cart. 396. 
 
 For the general principles, as an international question, see 1 
 Kent s Com. Lect. 2, p. 3(! ; Matter of Washburn, 4 John. Ch. 
 11. 106; Rex v. Bull, 1 Am. Jurist, 297; Vattel, B. 2, 76, 77; 
 Rutherforth Inst. B. 2, ch. 9, 12 ; Commonwealth v. Deacon, 10 
 Serg. & R. 125; I Am. Jur. 297; Commonwealth v. Green, 17 
 Mass. 515. 546-548; In re Fetter, 3 Zabr. 311 ; Executive Docu 
 ment of 1840, 1 Sess. 26 Cong. No. 99. 
 
 225. "SHALL ON" DEMAND, ETC., BE DELIVERED UP." A pre 
 cept by the governor of a State, appointing an agent to receive a 
 fugitive from justice, reciting that lu had made a requisition, 
 agreeably to the Constitution and laws of the United States, upon 
 the governor of the State into which the fugitive was alleged to 
 have escaped, is prima facie evidence, for the prjtoction of the 
 agent, of the truth of the recitals. Commonwealth v. Hall, 9 Gray 
 (Mass.), 267. A prima facie case is all that is necessary. Somerset s 
 Case, 20 State Trials 79- Story s Const. 1812. 
 
232 FUGITIVE SLAVES, 226, 227. [Art. IV., Sec. 2, 
 
 And a warrant issued by tho governor on whom the demand is 
 made, to " take and receive into custody " a fugitive from justice, 
 authorizes him to arrest such fugitive ; and is not repugnant to the 
 Constitution and laws of this State or of the United States. Com 
 monwealth v. Hall, 9 Gray (Mass.), 267. The foreign extradition 
 jurisdiction is purely political ; and does not properly belong to the 
 judiciary, but to the executive. (In re Kaine, 14 How. 103.) 
 Curtis Com. 94, 95. And see Holmes v. Jennison, 14 Pet. 540 ; 
 S. C., Curtis Com. 218, note 1. The governor may mean the 
 "executive authority of a State," under the U. S. statute of Feb. 12, 
 1793. (1 St. 302; 1 Brightly s Dig. 293.) Commonwealth v. Hall, 
 223. 9 Gray (Mass.), 262. Where the warrant is issued, the courts 
 cannot go behind it ; the only question they can entertain is as to 
 the identity of the alleged fugitive. Pennsylvania v. Daniels, G 
 Penn. L. J. 417, note ; The State v. Buzine, 4 Harring. 572. 
 Suppose the Where a defendant is brought into a State as a fugitive from 
 has* be en justice, after acquittal, or conviction and pardon, he cannot be sur- 
 convicted rendered to the authorities of another State as a fugitive, but must 
 and par- be allowed an opportunity to return to the State in which he is 
 doned? domiciled. Daniels Case, cited in Binn s Justice, 267. The 
 agent appointed under the second section of the act of 12th Feb., 
 1793 (1 Stat. 302), is not liable to an action for false imprisonment 
 by reason of any irregularity in the warrant of arrest. Johnston v. 
 Vanamringe, 2 Black wood, 311. 
 
 whiit are [3.] No person held to service or labor in one State, 
 tionsaAo under the laws thereof, escaping into another, shall, 
 
 persona . ,.-,.-, 
 
 held to in consequence 01 any law or regulation therein, be 
 discharged from such service or labor, but shall be 
 delivered up on claim of the party to whom such ser 
 vice or labor may be due. 
 
 What is a 226. " A PERSON," here is limited, in practice, to apprentices 
 person? au( j fugitive slaves; but there is no sound reason why it should 
 
 not apply to all the domestic relations, where the party is "held 
 227, 224. to service or labor." See Act of 12th Feb., 1793, 1 Stat. 302; Act 
 
 of 18th Sept., 1850, 9 Stat. 462 ; 1 Brightly s Dig. 294, 295 ; 6 Op. 
 
 309 ; 3 Black. Com. 4. 
 
 What means " IN ONE STATE." This extends to the Territories, District of 
 in a State ? Columbia, and the Indian Territory. See 6 Op. 302-30G ; 3 Op. 370. 
 
 The word "State," in Loth clauses of this article is pari mate- 
 225, 226, 2. rid, and it possesses, in some of its relations, a meaning broader 
 
 than its apparent or usual signification. 6 Op. 304, which fully 
 
 discusses the whole subject. 
 
 What means 227." UNDER THE LAWS THEREOF ESCAPING INTO ANOTHER." 
 
 escaping? Escaping," here is not so comprehensive as " fleeing." in the last 
 
 2 22 - clause, since if the slave be carried by his master into another 
 
 State, and there left, he obtains his freedom. See note 222 ; Web 
 ster s Dictionary, ESCAPE. 
 226. This includes apprentices. Boaler v. Cummins, 1 Am. L. R. 
 
 654. It does not extend to the case of a slave voluntarily carried 
 
Cl. 3.] FUGITIVE SLAVES, 227. 233 
 
 by his master into another State, and there leaving him, under the Did 
 protection of some law declaring him free. Butler v. Hopper, 1 to slaves 
 Wash. C. C. 499; Vaughan v. Williams, 3 McLean, 530 ; Pierce s aiioVedTo 
 Case, 1 Western Leg. Ob. 14; Kauffman v. Oliver, 10 Barr, 517 ; govotaa- 
 Strader v. Graham, 10 How. 82 ; Miller v. McQuerry, 5 McLean, t aril >; into 
 4130; In the matter of Perkins, 2 Cal. 424; Commonwealth v. 
 Albert!, 2 Par. 505. Slavery is a municipal regulation ; is local ; and 
 cannot exist without authority of law. Millef v. McQuerry, 5 Mc 
 Lean, 4G9. But the question, whether slaves are made free by 
 going into a State in which slavery is not tolerated, with the per 
 mission of their master, is purely one of local law, and to be deter 
 mined by the courts of the State in which they may be found. 
 Strader v. Graham, 10 How. 82 ; Scott v. Sandford, 19 How. 396. 
 See In the matter of Perkins, 2 Cal. 424. 
 
 It was formerly held that the President had no power to cause As to slaves 
 fugitive slaves, who had taken refuge among the Indian tribes, to in Indian 
 be apprehended and delivered up to their owners. 3 Opin. 370. countr y* 
 But this has been since overruled, and it is now held that such 
 fugitive in the Indian territory, being there unlawfully, and as an 
 intruder, is subject to arrest by the executive authority of the 
 United States ; and if in such territory there be no commissioner 
 of the United States to act, the claimant may proceed by recapture 
 without judicial process. 6 Opin. 302. 
 
 The owner of a slave is clothed with full authority, in every what were 
 State of the Union, to seize and recapture his slave, whenever he the owner s 
 can do it without a breach of the peace, or any illegal violence. {^/lav^ 
 Prigg v. Pennsylvania, 16 Pet. 539 ; Norris v. Newton, 5 McLean, 
 92; Johnson v. Tompkins, Bald. 571; Commonwealth v. Taylor, 2 
 Am. L. J. 258 ; Van Metre y. Mitchell, 7 Penn. L. J. 115. But it is 
 under the Constitution and acts of Congress only, that the owner of 
 a slave has the right to claim him in a State where slavery does not 
 exist. There is no principle in the common law, in the law of nations, 
 or of nature, which authorizes such a recapture. Giltner v. Gorham, 
 4 McLean, 402. The Constitution, however, recognizes slaves as 
 property, and pledges the federal government to protect it. Scott 
 v. Sandford, 19 How. 395. A statute which punishes the harbor 
 ing or secreting a fugitive slave, is not in conflict with the Con 
 stitution or laws of the United States. Moore v. Illinois, 14 How. 
 13. Nor does the Constitution exempt fugitive slaves from the 
 penal laws of any State in which they may happen to be. Com 
 monwealth v. Hollo way, 3 S. R. 4. 
 
 The Constitution confers on Congress an exclusive power to is the power 
 legislate concerning fugitive slaves ; and the act of 1793 was con- of Congress 
 stitutional and valid. Prigg v. Pennsylvania, 16 Pet. 539; In the e 
 matter of Martin, 2 Paine, 348 ; Jones v. Vanzandt, 2 McLean, 
 612 ; In the matter of Susan, 2 Wheat. Cr. Cases, 594. 
 
 The Constitution and laws do not confer, but secure, the right 
 to reclaim fugitive slaves against State legislation. Johnson v. 
 Tompkins, Bald. 571; Giltner v. Gorham, 4 McLean, 402. The 
 act of 18th Sept. 1850, was constitutional and valid. Ableman v. 
 Booth, 21 How. 526; Sims Case, 7 Cush. 285 ; Long s Case, 3 Am. 
 L. J. 201 ; 1 Blatch. 685 ; 6 Op. 713. 
 
234 
 
 FUGITIVE SLAVES, 228. [Art. IV., Sees. 2, 3, 
 
 Was " slave 
 used in 
 the original 
 Constitu 
 tion ? 
 226, 21. 
 
 By what 
 character of 
 proceeding 
 is the 
 delivery 
 enforced ? 
 225. 
 
 Through 
 the State or 
 the Federal 
 laws? 
 
 What re 
 semblance 
 did this 
 clause bear 
 to a treaty ? 
 
 For what 
 was this 
 clause 
 designed ? 
 
 How may 
 new States 
 be admit 
 ted? 
 
 The term " slave " is not used in the Constitution, and if "per 
 son " means " slave," then the Constitution treats slaves as persons, 
 and not as propertj, and it acts upon them as persons and not as 
 property, though the latter character may be given to them by the 
 laws of the States in which slavery is tolerated. Lemmon v. Peo 
 ple, 20 N. Y. (6 Smith), 624. 
 
 228. "SHALL BE DELIVERED ur." This contemplates summary 
 and informal proceedings (not a suit), and a prima facie case of 
 ownership only. (Somerset s Case, 20 State Trials, 79.) Story s 
 Const. 1812 ; Jack v. Martin, 12 Wend. 511 ; Prigg v. Pennsyl 
 vania, 1G Pet. 667 ; Sims Case, 7 Cush. 731; 2 Story s Const. (3d 
 ed.) pp. 622, 625 ; Wright v. Deacon, 5 S. & R. G2. The delivery is 
 to be through the congressional enactments of Congress ; and is 
 not obligatory upon the States, through their executives or author 
 ities. Prigg v. Pennsylvania, 16 Pet. 608 ; affirmed in Jones v. 
 Vauzandt, 5 How. 225; Moore v. Illinois, 14 How. 13. The 
 student, who may wish to calmly survey this irritating subject, 
 which served chiefly to prepare the public mind for the effort to 
 destroy the Union, but which has ceased to be a matter of agita 
 tion since the destruction of slavery, is recommended to read 
 attentively the last-named cases (which are also carefully reported 
 in Story s Const. 1812a. 18127;), and Glen v. Hodges, 9 Johns. 
 62; Wright v. Deacon, 5 Serg. & R. 62 ; Commonwealth v. Griffith, 
 2 Pick. 211; Jack v. Martin, 12 Wend. 311; S. C. 12 Wend. 507; 
 Wheeler s Law of Slavery; Cobb on Slavery; The Debates of 
 1850, 1860, and 1861; The Report of the Committee of Thirty-one 
 in 1861, and the authorities cited in these notes. 
 
 This clause of the Constitution was, in character, precisely a 
 treaty. It was a solemn compact, entered into by the delegates 
 of States then sovereign and independent, and free to remain so, on 
 great deliberation, and on the highest considerations of justice and 
 policy, and reciprocal benefit, and in order to secure the peace and 
 prosperity of all the States. (Sims Case, 7 Gushing (Mass.) 285.) 
 Story s Const. (3d cd.) 1812&, note 1, pp. 615, 616. And see 
 Miller v. McQuerry, 5 McLean, 460 ; Henry v. Lowell, 16 Barbour ; 
 Commonwealth v. Griffith. 2 Pick. 11 ; Wright v. Deacon, 5 Sergt. 
 & Rawle, 62. 
 
 This clause was designed to provide a practicable and peaceable 
 mode, by which such fugitive, upon the claim of the person to 
 whom such labor or service should be due, might be delivered up. 
 Sims Case, 7 Cush. 288. The law of 1793 (7 St. 302), for deliver 
 ing up without trial, was constitutional. Commonwealth v. Grif 
 fith, 2 Pick. 11; Wright v. Deacon, 5 S. & R. 62 ; Jack v. Martin, 
 12 Wend. 311 ; Hill v. Low, 4 Wash. C. C. 327 ; Prigg v. Pennsyl 
 vania, 16 Pet. 539; Johnson v. Tompkins. Baldwin, 371; Jones 
 v. Vanzandt, 5 How. 215, 229. The fugitive must not only have 
 owed service or labor in another State, but he must have escaped 
 from it. (Commonwealth v. Fitzgerald, 7 Law Reports, 379; Com 
 monwealth v. Avis, 18 Pick. 193.) Sims Case, 7 Cush. 728. 
 
 SEC. III. [1.] New States may be admitted by the 
 Congress into this Union, but no new State shall be 
 
01. 1.] NEW STATES, 229. 235 
 
 formed or erected within the jurisdiction of any other With what 
 
 , , ,, , , . . . . restrictions? 
 
 fetate ; nor any state be formed by the junction of two 
 or more States, or parts of States, without the consent 229. 
 of the legislatures of the States concerned, as well as 
 of the Congress. 
 
 229. " NEW STATES " are others than those which formed the What is a 
 Constitution. "States" is here used in a broader sense than in State ? 
 the second and third sections of this article. Out of whatever ter- 226, 28. 
 ritory such States may be created, it seems to be settled that it 
 belongs to Congress to determine when a State shall be added to 
 the Union ; and when admitted, the State becomes an equal in the 
 Union. 
 
 For a history of the subject, see Confederation, ante, Art. XT., 
 p. 19; Scott v. Sandford, 19 How. 395; Journals of Convention, 
 p. 222, 305-311; 2 Pitk. Hist ch. 11, pp. 19, 36; 1 Kent s Com. 
 Lect. 10, pp. 197, 198: 1 Secret Journals of Congress in 1775, 368- 
 386, 433-446 ; 1 Tuck. Black. Com. App. 383, 386 ; 6 Journal of 
 Congress, 10th Oct., 1780, p. 213; 7 Id. 1st March, 1781, pp. 43- 
 48 ; Land Laws U. S. Int. chap ; Story s Const, 1316. These give 
 the history and the early legislation in regard to the crown lands. 
 And see Federalist, Nos. 38, 42. 43; Am. Ins. Company v. Canter, 
 1 Pet. 511, 542; The Ordinance of the 13th July, 1787; 3 Story s 
 Laws, App. 2073 ; 1 Tuck. Black. Com. App. 278, 282 ; 1 St. 
 And for a very full discussion, see Scott v. Sandford, 19 How. 395. 
 Much of this " Dred Scott " opinion is also given in Story s Const. 
 1318, note 1, pp. 193-226. As an historical review, the opinions, arid 
 the vast range of discussion which they called forth, are valuable. 
 And see Webster s Speeches, &c., 360-364. From so vast a range, 
 which filled the whole political literature of the country and formed 
 the platforms of political parties, it would be useless to make 
 citations. 
 
 This clause enabled Congress to admit new States ; it refers to what terri- 
 and includes new States to be formed out of this territory, expected tory did tho 
 to be thereafter ceded by North Carolina and Georgia, as well asf^J^ e? 
 new States to be formed out of territory northwest of the Ohio, 
 which then had been ceded by Virginia. Scott v. Sandford (Justice 
 Curtis), 19 How. 611, 612 ; 2 Story s Const. 3 ed. p. 212. 
 
 The Constitution confers absolutely on the government of the 117, 118, 178. 
 Union the powers of making war and treaties; consequently the 
 power of acquiring territory either by conquest or treaty. (Amer 
 ican Insurance Company v. Canter, 1 Pet. 542; sec Cerre v. Portot, 
 6 Cr. 336.) Scott v. Sandford, 19 How. 395; 2 Story s Const. 3d 
 ed. p. 213; Cross v. Harrison, 16 How. 189. And see Fleming v. 
 Page, 9 How. 614. 
 
 The Confederate States Constitution imposed this restriction upon What ro- 
 the admission of new States into the Confederacy: "Other States striction 
 may be admitted into the Confederacy by a vote of two-thirds of J^,^ . 
 the whole House of Representatives, and two-thirds of the Senate state* tF 
 the Senate voting by States." Paschal s Annotated Digest, p. 93, impose? 
 Art. IV., sec. 3, cl. 1. 
 
236 NEW STATES, 229, 230. [Art. IV., Sec. 3, 
 
 "What is tne The territorial legislatures cannot, without permission from 
 T^ -it rial Congress, pass laws authorizing the formation of Constitutions and 
 govern- State governments. All measures commenced and prosecuted 
 merits as to with a design to subvert the territorial government, and to estab- 
 fonning new jjgh an( j p u ^ [ n force in its place a new government, without the 
 consent of Congress, are unlawful. But the people of any Terri 
 tory may peaceably meet together in primary assemblies, or in 
 conventions chosen by sucli assemblies, for the purpose of petition 
 ing Congress to abrogate the territorial government, and to admit 
 them into the Union as an independent State ; and if they accom 
 pany their petition with a Constitution framed and agreed on by 
 their primary assemblies, or by a convention of delegates chosen 
 by such assemblies, there is no objection to their power to do so, 
 nor to any measures which may be taken to collect the sense of 
 the people in respect to it : provided such measures be prosecuted 
 in a peaceable manner, in subordination to the existing govern 
 ment, and in subserviency to the power of Congress to adopt, 
 reject, or disregard them at their pleasure. 2 Opin. 726. And 
 see the practice in the admission of Maine, Vermont, Ten 
 nessee, Kentucky, and all the States since, including "West Vir 
 ginia; from the differences in which it would appear that there is 
 no uniform rule for the admission of new States. Hickey s Const. 
 ch. 8, p. 
 
 What new 23O. Under this section the following States have been ad- 
 
 . States have mitted : 
 
 ed en md mit ~ VERMONT, formed from part of New York, by act of Feb. 18, 
 
 when? 1791, which took effect March 4, 1791. 1 Stat. 191; Brightly s 
 
 Vt. & Ky. ? Dig. 894. KENTUCKY, formed from part of Virginia ; by act of Feb. 
 4, 1791, which took effect June 1, 1792. 1 Stat. 189; Brightly s 
 
 Tennessee ? Dig. 455. TENNESSEE, formed from territory ceded to the U. S. 
 by North Carolina, by act of June 1, 1796, which took effect from 
 
 Ohio? date. 1 Stat. 491 ; Brightly s Dig. 863. OHIO, formed from terri 
 
 tory ceded to the U. S. by Virginia, by act of Feb. 19, 1803, 
 which took effect from date. 2 Stat. 201 ; Brightly s Dig. 708. 
 
 Louisiana? LOUISIANA, formed from part of the territory purchased of France, 
 by treaty of April 30, 1803; by act of April 8, 1812, which took 
 
 Indiana? effect from date. 2 Stat. 701; Brightly s Dig. 582. INDIANA, 
 formed of part of territory ceded to the U. S. by Virginia, by act 
 of Dec. 11, 1816, which took effect from date. 3 Stat. 399 ; Bright- 
 Mississippi? ly s Dig. 416. MISSISSIPPI, formed from part of the territory ceded 
 to U. S. by Georgia and South Carolina, by act of Dec. 10, 1817, 
 which took effect from date. 3 Stat. 472 ; Brightly s Dig. 640. IL- 
 
 Illinois? LINOIS, formed from part of the territory ceded to U. S. by Virginia, 
 by act of Dec. 3, 1818, which took effect from date. 3 Stat. 536; 
 
 Alabama? Brightly s Dig. 310. ALABAMA, formed from part of the territory 
 ceded to United States by Georgia and South Carolina, by act of 
 Dec. 14, 1819, which took effect from date. 3 Stat. 608; Brightly s 
 
 Mdne? Dig. 29. MAINE, formed from part of Massachusetts, by act of 
 March 3, 1820, which took effect March 15, 1820. 3 Stat. 544; 
 
 Missouri? Brightly s Dig. 590. MISSOURI, formed from part of the "Louisiana 
 Purchase," by act of March 2, 1821; which took effect Aug. 10, 
 
 Arkansas? 1821. 3 Stat 645; Brightly s Dig. 617. ARKANSAS, formed 
 
Cl. 1.] NEW STATES, 230. 237 
 
 from part of the "Louisiana Purchase," by act of June 15, 1836, 
 
 which took effect from date. 5 Stat. 50; Brightly s Dig. 45. 
 
 MICHIGAN, formed from part of the territory ceded to United States Michigan? 
 
 by Virginia, by act of June 15, 1836, which took effect from date. 
 
 5 Stat. 49 ; Brightly s Dig. 614. FLORIDA, formed from territory Florida? 
 
 purchased from Spain under treaty of Feb. 22, 1819, by act of 
 
 March 3, 1845, which took effect from date. ], 5 Stat. 742; 
 
 Brightly s Dig. 288. IOWA, by act of March 3, 1845, which took Iowa? 
 
 effect from date. 5 Stat. 742 ; boundaries readjusted, Aug. 4, 
 
 1846. 1, 9 Stat. 52. Readmitted Dec. 28, 1846. 9 Stat. 117, 1 ; 
 
 Brightly s Dig. 442, 444. TEXAS, an independent republic, annexed Texas? 
 
 Dec. 29, 1845, by act of that date. 9 Stat. 1 ; Brightly s Dig. 872; 
 
 Calkin v. Cocke, 14 How. 227 ; Paschal s Dig. 46, note 159. Wis- Wisconsin? 
 
 CONSIN, by act of May 29, 1848, which took effect from date. 9 Stat. 
 
 57 ; Brightly s Dig. 906. . CALIFORNIA, formed from part of the ter- California? 
 
 ritory ceded to U. S. by Mexico, by treaty of Hidalgo, Feb. 3, 1848 ; 
 
 by act of Sept. 9, 1850. 9 Stat. 452 ; Brightly s Dig. 105. MINNESOTA, Minnesota? 
 
 formed from part of the "Louisiana Purchase," by act of May 11, 
 
 1858, which took effect from date. 11 Stat. 285; 2 Brightly s Dig. 
 
 301. OREGON, see Treaties of the U. S. with France, of April 30, Oregon? 
 
 1803, with Spain, Feb. 22, 1819 ; with Great Britain, June 15, 1846 ; 
 
 admitted by act of Feb. 14, 1859. 11 Stat. 383 ; Brightly s Dig. 349. 
 
 KANSAS, formed from part of the "Louisiana Purchase," by act of Kansas? 
 
 Jan. 29, 1861, which took effect from date. 12 Stat. 126; Brightly s 
 
 Dig. 278. WEST VIRGINIA, formed of certain counties of Virginia, West Ya.? 
 
 by act of Dec. 31, 1862. 12 Stat. 633 ; admitted by same act, to 
 
 date from June 20, 1863, by proclamation of the President. 
 
 Appendix, 12 Stat. ii. NEVADA, formed from part of California. Nevada? 
 
 by act of March 21, 1864. 13 Stat. 32. To take effect, Oct. 31, 
 
 1864, the date of proclamation of the President. Appendix, 13 
 
 Stat. ii. NEBRASKA, formed from part of the "Louisiana Pur- Nebraska? 
 
 chase," by act of Feb. 9, 1867, which took effect from date. 14 
 
 Stat. 391. 
 
 For the enabling acts and manner of admission, see Hickey s 
 Constitution, chap. 10, pp. 405-449. And see Cross v. Harrison, 
 16 How. 189. 
 
 All Congress intended (by the enabling act of 1811), was to What is the 
 declare in advance to the people of the territory, the fundamental o}) i ( ff * an 
 principles which their Constitution should contain ; this was very act?* 
 proper under the circumstances ; the instrument having been duly 
 formed and presented, it was in the national legislature to judge 
 whether it contained the proper principles, and to accept it if it did, 
 or reject it if it did not. Having accepted the Constitution and ad- What is the 
 mitted the State, " on an equal footing with the original States," in effect of the 
 all respects whatever in express terms, by the act of 1812, Con- JJ *$ Jj"?. 
 gress was concluded from assuming that the instructions contain- stitution ? 
 ed in the act of 1811, had not been complied with. No funda 
 mental principles could be added by way of amendment, as this 
 would have been making part of the State Constitution. If Congress 
 could make it in part, it might, in form of amendment, make it entire. 
 Permoli v. First Municipality, 1 How. 610. But see the act of Con 
 gress of 9th Feb., 1867, requiring the agreement by the legislature 17, is. 
 
238 TERRITORIES, 231. [Art. IV., Sec. 3, 
 
 of Nebraska, to the fundamental principle, that there should be no 
 distinction, as to the right of suffrage, on account of color. 14 
 St. 392, and Id. App. iv. 
 
 what is the [2.1 The Congress shall have power to dispose of 
 
 power over . ,, _ . 
 
 the territory and make ail neeuiul rules ana regulations respecting 
 pnWic prop- the territory or other property belonging to the Uni- 
 United " ted States ; and nothing in this Constitution shall be 
 
 so construed as to prejudice any claims of the United 
 
 States, or of any particular State. 
 
 What is "to 231. "To DISPOSE OF." In other words, to make sale of the 
 dispose of"? i an ds, or to raise money from them. Scott v. Sandford, 19 How. 
 
 615; S. C. 2 Story s Const. 3 ed. p. 19G. 
 
 How The power of Congress to dispose of" the public lands, is not 
 
 limited? limited to making sales; they may be leased. United States v. 
 Gratiot. 1 McLean, 454; 14 Pet. 526; 4 Opin. 487. But no prop 
 erty belonging to the United States can be disposed of except by 
 the authority of an act of Congress. United States v. Nicol, 1 
 Paine, 646. 
 
 Define "AND MAKE ALL NEEDFUL RULES AND REGULATIONS." "Needful," 
 
 "needful here may well be compared with " necessary and proper" in the 
 ra- 18th clause of Art. I. Sec. 8. And as Congress can only authorize 
 dispositions by legislative enactments, so the "needful rules," must 
 
 mean the appropriate legislation touching the subject-matter. See 
 Justice Curtis in Scott v. Sandford, 19 How. 615 ; 2 Story s Const. 
 3d ed. p. 213. 
 
 28, 29, 129. The words "RULES AND REGULATIONS," are usually employed in 
 
 the Constitution in speaking of some particular specified power 
 
 which it means to confer on the government, and riot, as we have 
 
 seen, when granting general powers of legislation. As to make 
 
 85, 93, 99, "rules" for the government and regulation of the land and naval 
 
 forces; to "reyulate commerce;" "to establish an uniform rule of 
 
 naturalization;" "to coin money and regulate the value thereof." 
 
 211. In all these, as in respect to the Territories, the words are used in 
 
 a restricted sense. (Scott v. Sandiord, 19 How. 437.) 2 Story s 
 
 Const. 3d ed. pp. 196, 213. 
 
 Define "RESPECTING THE TERRITORY." TERRITORY. [Fr. Territoire ; 
 
 "territory"? it. and Sp. Territorio ; Lat. Territorium; from terra, land.] 1. The 
 2-22-223. extent, or compass of land within the bounds, or belonging to the 
 jurisdiction, of any State, city, or other body. 2. A tract of land 
 belonging to or under the dominion of a prince or State, at a distance 
 from the parent country or the seat of government, &c. Webster s 
 Die.. TERRITORY. Called by Pomponius in the Digests, the whole 
 amount of the lands within the limits of any State (unirersitas ar/ro- 
 runi intra fines cujusquc civitatis). (Dig. 5(), 16, 239, 8.) Burrill s 
 Law Die., TERKITORIUM; United States v. Bevans, 3 Wheat. 386; 
 Justice Curtis in Scott v. S indford, 19 How. 615 ; 2 Story s Const. 
 p. 211. It applied only to the " property/ " which the States held in 
 common at, that time, and had no reference whatever to any "ter 
 ritory," or other property which the new sovereignty might after- 
 
01.2.] TEREITORIES, 231. 239 
 
 ward itsolf acquire. Scott v. Sandford, 19 How. 615; S. C. 2 
 Story s Cons-t. :;ci ed. p. 196. The term " territory," as here used, To -what is 
 is merely descriptive of one kind of property, and is equivalent to t ie wor( l 
 the word lauds." United States v. Gratiot, 14 Pet. 537. This eqniT 
 clause applies only to territory within the chartered limits of some 
 one of the States, when they were colonies of Great Britain. It 
 does not apply to territory acquired by the present federal govern 
 ment, by treaty or conquest, from a foreign nation. Scott v. Sand- 
 ford, 19 How. 395; S. C.,-Story s Const. 1318, 3d ed. p. 193. 
 But see Justice Curtis Opinion, 2 Story, 3d ed. p. 211. 
 
 It does not -speak of any territory, nor of territories, but uses 
 language which, according to its legitimate meaning, points to a 
 particular thing. The power is given in relation only to the territory 
 of the United States, that is, to territory then in existence, and 
 then known or claimed as the territory of the United States. 
 Scott v. Sandford, 19 How. 436 ; S. C. 2 Story s Const. 3d ed. p. 196. 
 
 The power of governing a territory belonging to the United Does the 
 States, which has not, by becoming a State, acquired the means of P wer to 
 self-government, has been said to result necessarily from the facts f^u r om" 
 that it is not within the jurisdiction of any particular State, and the powt-r to 
 is within the power and jurisdiction of the United States. The ac <l Hire ? 
 power to govern seems to be the inevitable consequence of the 203. 
 right to acquire territory. American Insnrance Co. v. Canter, 1 
 Pet. 542-3; United States v. Gratiot, 14 Id. 537; Cross v. Har 
 rison, 16 How. 194; Whiting, 3H1. Congress has the constitu 
 tional power to pass laws punishing Indians (within their territory) 
 for crimes and offenses committed against the United States. The 
 Indian tribes are not so far independent nations as to be exempt 
 from this kind of legislation. United States v. Cha-to-kah-na-pe- 
 sha, Hemp. 27. The United States, under the present Constitution, 
 cannot acquire territory to be held as a colony, to be governed at 
 its will and pleasure. But it may acquire territory which, at the 
 time, has not the population that fits it to become a State, and 
 may govern it as a territory until it has a population which, in 
 the judgment of Congress, entitles it to be admitted as a State 
 of the Union. During the time it remains a territory, Congress 220-228. 
 may legislate over it within the scope of its constitutional powers, 
 in relation to citizens of the United States, and may establish a 
 territorial government ; and the form of this local government 
 must be regulated by the discretion of Congress, but with power 
 not exceeding those which Congress itself, by the Constitution, is 
 authorized to exercise over citizens of the United States, in respect 
 to their rights of person or rights of property. The territory thus 
 acquired, is acquired by the people of the United States, for their 
 common and equal benefit; and every citizen has a right to take 
 with him into the territory any article of property, including his 
 slaves, which the Constitution recognizes as property, arid pledges 
 the federal government for its protection. Scott v. Sandford, 19 
 How. 395. The country dedicated to Indian purposes still re- What is th* 
 mains a part of the territory of the United States, subject to its power over 
 laws. The United States v. Rogers, 4 How. 567. And the power SitSyJ 
 exists to punish crimes committed in that country, whether perpe 
 trated by Indians or whites. Id. And see 6 Op. 
 
240 TERRITORIES, 231. [Art. IV., Sec. 3, 
 
 What is the It will be seen that the principle stated by Chief-Justice Taney, 
 general [ n United States v. Rogers, 4 How. 567, recognizes the plenary 
 power of Congress to legislate for the Territories that is, as 
 stated in the American Insurance Co. v. Canter, 1 Pet. 542, all the 
 powers which both Congress and the State legislatures combined, 
 possess in the States. But in the Dred Scott Case he limits tho 
 power, and confines its exercise to the country ceded before the 
 adoption of the Constitution. But in the case of the United 
 States v. Rogers, 4 How. 567, the territory under discussion was 
 part of that acquired from Louisiana. In reference to this territory, 
 as well as that acquired from Georgia, Spain, Mexico, and Rus 
 sia, there has been no distinction in regard to the character of 
 legislation. Congress has exercised power both as to crimes and 
 civil and political rights. The organized territorial governments 
 have been treated as inchoate States for some purposes. Slavery 
 has been tolerated or prohibited, according to circumstances. And 
 now that the agitating question of slavery is out of the way, 
 the author would venture to suggest that the country will 
 settle down upon the principle that organized "Territory" 
 carries along the idea of power and jurisdiction ; and that 
 Congress has the right to organize governments there, " mak 
 ing rules " which shall not be inconsistent with the Consti 
 tution of the United States ; and exercising all the power over the 
 inhabitants, no more, no less, which may be exercised over 
 the States ; not exclusive legislation as in the District, and forts, 
 and arsenals ; but all the legislation which may be necessary 
 138, 221, 222. and proper to guarantee the principles of republican government; 
 and to insure the erection and admission of new States, with 
 those principles. The failure has been in observing, that an 
 organized territorial government is for all purposes of municipal 
 legislation, a State, and has been so recognized in many ways. 
 And the supervision of Congress over such legislation is no 
 greater than the national supervision over unconstitutional legis 
 lation by the States. The only difference is in the mode of 
 revision and redress. See Scott v. Sandford, 19 How. 395-633 ; 
 2 Story s Const, pp. 205, 214-218. 
 
 Define "all" In Scott v. Sandford, Mr. Justice Curtis insisted that "ALL" 
 and^ necd- meant all; that Congress alone could judge of what was " NEED- 
 ful " ? FUL." But the majority denied that ALL " included the right to 
 
 make a rule excluding slavery ; or rather, it was denied that a 
 cession of territory cedes the legislative jurisdiction for any other 
 purpose than to dispose of the property in the land. See 19 How. 
 pp. 615, 616; Story s Const. 3d ed. p. 214. The difference of 
 opinion cannot be more strongly stated than in these words : 
 " I construe this clause, as if it read : Congress shall have power 
 to make all needful rules and regulations respecting those tracts 
 of country out of the limits of the several States, which the 
 United States have acquired, or may hereafter acquire, by cessions, 
 as well of the jurisdiction as of the soil, so far as tho soil may be 
 the property of the party making the cession, at the time of 
 making it." Justice Curtis, 2 Story s Const. 3d ed. p. 213. The 
 opposite view was expressed in these words : 
 
 " 2. The Congress shall have power to dispose of and make all 
 
Cl. 2.] PROPERTY OF UNITED STATES, 232. 241 
 
 needful rules and regulations concerning the property of the Con 
 federate States, including the lands thereof. 
 
 3. The Confederate States may acquire new territory, and Con- How did the 
 gress shall have power to legislate and provide governments for Confederate 
 the inhabitants of all territory belonging to the Confederate States, dS from 
 lying without the limits of the several States, and may permit this ? 
 them, at such times and in such manner as it may by law provide, 
 to form States to be admitted into the Confederacy. In all such 
 territory the institution of negro slavery, as it now exists in the 
 Confederate States, shall be recognized and protected by Congress, 
 and by the territorial government ; and the inhabitants of the 
 several Confederate States and Territories shall have the right to 
 take to such Territory any slaves lawfully held by them, in any of 
 the States or Territories of the Confederate States." Paschal s 
 Annotated Digest, p. 93, Art. IV., Sec. III., Cl. 2, 3. 
 
 This was making the Constitution precisely what this school con 
 tended the Dred Scott decision had settled that it was. The 
 power to acquire and govern territory seems to grow out of the 
 war power and to rest upon constitutional principles. Fleming v. 
 Page, 9 How. 614; Cross v. Harrison, 16 How. 189. 
 
 232. " OR OTHER PROPERTY BELONGING TO THE UNITED STATES." What is 
 "PROPERTY" (Proprietor, proprius)\& the most comprehensive property ? 
 word of dominion or ownership. See "Webster s Die., PROPERTY. 
 It is the right to dispose of the substance of a thing in every 
 legal way, to possess it, to use it, and to exclude every one else 
 from interfering with it. (Mackeld Civil Law, 269, 259 ; Bell s 
 Diet. ; Taylor s Civil Law, 476; 2 BL Com. 15.) BurruTs Law Die., 
 PROPERTY. 
 
 And the same power of making needful rules respecting the 
 territory is, in precisely the same language, applied to the other 
 property belonging to the United States associating the power 
 over the territory in this respect with the power over movable or 
 personal property that is, the ships, arms, and munitions of war, 
 which then belonged in common to the State sovereignties. And 
 it will hardly be said, that this power, in relation to the last-men 
 tioned objects, was deemed necessary to be thus specially given to 
 the new government, in order to authorize it to make needful rules 
 and regulations respecting the ships it might itself build, or arms 
 and munitions of war it might itself manufacture or provide for the 
 public service. (Scott v. Sandford, 19 How. 436.) 2 Story s 
 Const. 3d ed. p. 196, and 1324, 1325. 
 
 By this conquest (the acquisition of New Mexico, in 1846), this 
 substitution of a new supremacy, although the former political re 
 lations of the inhabitants were dissolved, their private relations, 
 their rights, vested under the government of their former allegiance, 
 or those arising from contract or usage, remained in full force and 
 unchanged, except so far as they were in their nature and character 
 found to be in conflict with the Constitution and laws of the United 
 States, or with any regulation which the conquering power, and 
 occupying authority should ordain. Leitensdorfer v. Webb, 20 
 How. 336. 
 
 11 
 
242 THE UNITED STATES, 233. [Art. IV., 
 
 To what " AND NOTHING IN THIS CONSTITUTION SHALL BE SO CON- 
 
 MTtaff STEUED AS TO PREJUDICE THE CLAIMS OP THE UNITED STATES OR 
 
 clause OF AXY PARTICULAR STATE." This member of the clause applied 
 
 refer? to the claims of North Carolina and Georgia, and could apply to 
 
 nothing else. Scott v. Sandford, 19 How. 437 ; 2 Story s Const. 3d 
 
 ed. p. 197. It was to exclude the conclusion thai either party 
 
 would surrender their rights. Id. and p. 212. 
 
 HOW is SEC. IV. The United States shall guarantee to 
 
 form of every State in this Union a republican form of govern- 
 
 government _ * _ . . . 
 
 etc.. guaran- ment, and shall protect each 01 them against invasion ; 
 and on application of the legislature, or of the executive 
 (when the legislature cannot be convened), against 
 domestic violence. 
 
 Why "the 233. "THE UNITED STATES." This is the only instance in the 
 United^ Constitution where the government, by its corporate name, has 
 covenanted for any duty. The "powers" of the government are 
 vested in the respective departments thereof; and, as to the 
 14. 15. 165, " necessary and proper " legislation, that is specially conferred 
 195 - upon Congress. Here the obligation is from the " United States " 
 
 to the "States;" but whether to be exercised by Congress or the 
 138, 275-279. President, is one of the questions which has grown out of the re 
 construction measures. 
 
 One of the grounds of impeachment alleged against the President 
 was the usurpation of this power. The Report on Impeachment of the 
 President, 55. In the case of Luther v. Borden, 7 How. 42, Chief- 
 Justice Taney said : " It rests with Congress to decide what govern- 
 What de- ment is the established one in a State. For, as the United States 
 partment is guarantee to each State a republican government, Congress must 
 such politi- necessarily decide what government is established in the State before 
 cal ques- it can determine whether it is republican or not. And when the 
 lions? senators and representatives of a State are admitted into the councils 
 
 195. of the Union, the authority of the government under which they 
 are appointed, as well as its republican character, is recognized by 
 the proper constitutional authority. And its decision is binding on 
 every other department of the government, and could not be ques 
 tioned in a judicial tribunal." Quoted and approved. Ex parte 
 Coupland, 26 Tex. 434; Federalist, No. 21, p. 112. 
 
 Define "to "SHALL GUARANTEE." [L. Lat. guarrantar, guarrantiswre. ] To 
 
 Guarantee"? become responsible for; to warrant; to undertake for another, 
 
 that, if that other does not do the thing, the party guaranteeing 
 
 will himself do it. The obligation of a guaranty is essentially in 
 
 the alternative. Britton, chap. 75; 3 Kent s Com. 121; Story on 
 
 Contracts, 852; Fell on Guaranties, 1. The word seems to be 
 
 essentially the same with warranty. Id. Bu mil s Law Die., 
 
 220-233, 226, GUARANTY, or GUARANTEE. For a technical and limited significa- 
 
 229-232. tj onj see Parker v. Culvertson, 1 Wall. Jr. Ct. Ct. 149, 15:?. 
 
 " To EVERY STATE IN THIS UNION." State here also means as 
 well the States which agreed to the Constitution, as also the inchoate 
 States or organized territories, and the new States, since admitted, or 
 
Sec. 4.] KEPUBLICAN GOVERNMENT, 233. 243 
 
 hereafter to be admitted. A " State " (for the purpose of the judicial 
 power) must be a member of the Union. It is not enough to be an 
 organized political body within the limits of the Union. Scott v. 205. 
 Jones, 5 How. 343, 377; Cherokee Nation v. Georgia, 5 Pet. 18. 
 But this is not so, as to the guaranty of a republican form of govern 
 ment. That is in favor of the people the citizens as well as the 
 States. 
 
 "A REPUBLICAN FORM OF GOVERNMENT." A government of the What is a 
 people ; it is usually put in opposition to a monarchical or aristo- republican 
 cratic government. This clause supposes a government already g^yern- 
 established, and this is the form of government the United States meat ? 
 have undertaken to guarantee. (Story s Const. 1807.) Burrill s 
 Law Die., REPUBLICAN GOVERNMENT. 
 
 This term has of course received, no practical authoritative defi- To what 
 nition. It supposes a pre-existing government of the form which is |J " s .. tho 
 to be guaranteed. As long, therefore, as the existing republican fxtend f 
 forms are continued by the States, they are guaranteed by the 
 federal Constitution. Whenever the States may choose to establish What is the 
 other republican forms, they have a right to do so, and to claim the restriction? 
 federal guaranty for the latter. The only restriction imposed 
 on them is, that they will not exchange republican for anti-re 
 publican constitutions; a restriction which it is presumed will 
 hardly be considered as a grievance. (Federalist, No. 21 ; see Mon 
 tesquieu, B. 9, chap. 1, 2 ; 1 Tuck. Black. App. 366, 367.) Story s 
 Const. 1817 ; Federalist, No. 43, pp. 214, 215. But this still leaves 
 the term undefined, except so far as the description may be derived 
 from the character of the State governments when they formed 
 this Constitution. The restrictions which they had imposed upon 238-241. 
 themselves, and to which they agreed when they made this Con- 245-275. 
 stitution the supreme law ; and the rights of the citizens secured 16 -18. 
 by the amendments, which constitute a Bill of Rights. The first 
 guaranty is the elective principle. But upon whom the elective How ia it 
 franchise shall be conferred is not defined, and must be controlled ?F ect , ed . ^ 
 by circumstances. The right need not be universal ; and must not p r i nc jpi e ? 
 be too restricted. The next is, the model, upon which all our 
 governments are based, legislative, executive, and judicial. Cer- 16-18. 
 tainly the guaranty is to enforce upon the States the restrictions 
 imposed upon them in the federal Constitution ; that is, the States 275-273. 
 shall not exercise the prohibited powers, nor the powers which 139-143. 
 have been granted to and exercised by Congress. And now, prac 
 tically, we have the great examples, that where States deny the 71-133. 
 obligation of the federal Constitution, and form a confederation What has 
 among themselves upon the same model, although they may retain e ft- ect O j the 
 the same forms and constitutions of the State governments, yet the rebellion? 
 United States have regarded it as an occasion for the exercise of 
 this power; have declared such existing State governments as in 274-276, 279. 
 fact not republican ; have annulled them, and have required new 
 Constitutions to be formed, based upon the organic change, which 
 had destroyed slavery, and thus settled that it was no longer a 
 ropublican institution. About the right to exercise this power, 
 there has been no dispute. Unfortunately, the controversy has 
 been, a.s to what department of the government of the United States 
 
244 
 
 KEPUBLICAN GOVERNMENT, 233, 234. [Art. IV., 
 
 275-277. 
 
 What laws 
 would in- 
 
 shall judge of the necessity and apply the remedy, and what shall 
 be the extent of the organic changes in the States ? If the prac 
 tice and common understanding in the admission of new States, 
 and the precedent of Luther v. Borden, 7 How. 1, are to control, 
 then the question would seem to be settled in favor of the power 
 of Congress to determine when a State government is republican 
 inform and in practice. [EDITOR. See President Lincoln s procla 
 mation of 1st Jan., 1863, and the amnesty proclamations, and the 
 proclamations of President Johnson, appointing provisional gov 
 ernors ; his directions declaring what the State conventions shall 
 do, and declaring civil government restored. See also his mes 
 sages and veto messages upon the subject; the debates of the 
 thirty-ninth and fortieth Congresses everywhere ; the President s 
 Message to the second session of the fortieth Congress, Dec. 3, 
 1867; the reports of the joint committee upon reconstruction; 
 the reconstruction acts ; the majority and minority reports of the 
 committee on judiciary upon the impeachment of the President, 
 and the debates of the thirty-ninth and fortieth Congresses thereon. 
 McPherson s Manual, and Paschal s Annotated Digest, note 1174. 
 
 " I take it that the States would not be allowed to establish pri 
 mogeniture ; to abolish the trial by jury in all cases ; to unite the 
 Church and State ; nor in any way to violate the great cardinal 
 principles of liberty secured by the national Bill of Rights, and which 
 the fourteenth amendment seeks to extend to the States. I 
 cannot subscribe to the omnipotence of a State legislature, or 
 that it is absolute and without control, although its authority should 
 of no ^ ^ e restrained by the Constitution or fundamental law of the 
 a republican State. The nature and end of legislative power will limit the ex- 
 form of gov- ercise of it. This fundamental principle flows from the very nature 
 ernment ? Q f our ^ VQQ republican governments, that no man should be com 
 pelled to do what the law does not require, nor refrain from doing 
 that which the law permits. There are certain vital principles in 
 our free republican governments, which will determine and over 
 rule an apparent flagrant abuse of legislative power, such as to 
 authorize manifest injustice by a positive law, or to take away that 
 security for personal liberty or private property, for the protection 
 143, 156-161. whereof government was established." (Calderv. Bull, 3 Dall. 386.) 
 Wynehamer v. The People, 13 K Y. (3 Kern.), 391, 392. The 
 cases of ex post facto law; impairing contracts; making a man 
 accuse himself; taking A s property to give to B; punishing inno 
 cence as guilt, and violating property, cited. (Calder v. Bull, 3 
 Dall. 386; Fletcher v. Peck, 3 Cranch, 385 ; Dash v. Van Kleek, 7 
 Johns. 477 ; Taylor v. Porter, 4 Hill, 146 ; Goshen v. Stonington, 4 
 Conn. 225.) Wynehamer v. The People, 13 1ST. Y. 391, 392. See 
 Wilkinson v. Leland, 2 Pet. 653; Harding v. Goodlet, 3 Yerg. 41 ; 
 2 Kent s Com. llth ed. p. 339, and notes. 
 
 That State must not boast of its civilization, nor of its progress 
 in the principles of civil liberty, where the legislature has power 
 to provide that a man may be condemned unheard. Oakley v. As- 
 pinwall, 4 Comstock, 522. 
 
 What is 234. "AND SHALL PROTECT EACH OP THEM AGAINST INVA- 
 
 invasion? SIGN." Invasion has been defined in note 133. The means to be 
 
Sec. 4.] INVASION, INSUKKECTION, 235. 245 
 
 employed are the whole powers of declaring war and its incidents. 
 See Act of 12th Jan. 1862, 12 St. 589, 590. The latitude of expres- 117-133. 
 sion here used, secures each State not only against foreign hostility, 
 but against ambitious or vindictive enterprises of its more power 
 ful neighbors. Story s Const. 1818 ; Federalist, No. 43, p. 215. 
 
 235. "AND ON THE APPLICATION OF THE LEGISLATURE, OR or Who are 
 THE EXECUTIVE (WHEN THE LEGISLATURE CANNOT BE CONVENED), | he Legisla- 
 AGAINST DOMESTIC VIOLENCE." The President must determine 233 234. 
 what body of men constitute the legislature, and who is the gov 
 ernor; which is the government and which party is unlawfully 
 arrayed against it, before he can act. Luther v. Borden, 7 How. 
 43-45. The history of the rebellion affords us these examples : 1. 
 The case of Virginia. A large majority of the legislature of the 
 State adhered to the rebellion, and after an ordinance of secession Give the 
 Virginia became one of the "Confederate States of America." But ? x . a P! e of 
 Congress recognized the minority of the legislature assembled at Vlr & lmi 
 "Wheeling as the legislature of Virginia, with authority to consent 229, 230. 
 to the creation of the new State of West Virginia, which was ad 
 mitted into the Union. 2. In the case of Missouri. The majority of Mia- 
 of the legislature and the governor adhered to the rebellion; and, souri? 
 after the commencement of hostilities, passed an ordinance of se 
 cession; and the legislature elected senators, and a minority of the 
 people elected representatives to the Confederate Congress at 
 Richmond. This was in accordance with an enabling act of that 
 Congress, and the State was admitted as a member of the "Con 
 federate States," and continued to be represented until the over 
 throw of the rebellion. On the other hand, Missouri retained 
 its place in the Union through the agency of a convention elected 
 by the authority of an act of the legislature passed in 1 8GO, which 
 convention, having refused to pass an ordinance of secession, was 
 reconvened upon the call of its president, and was recognized as 
 the lawful authority of Missouri by the government of the United 
 States. 3. In the case of Kentucky. The legislature refused to Of Ken- 
 call a convention or to pass an ordinance of secession. But aeon- tuckyf 
 vention of rebels did assemble and pass an ordinance of secession ; 
 and senators and representatives were elected to the Congress of 
 the "Confederate States," who served until the close of the rebel 
 lion. 4. Louisiana. This was one of the seven original seceded Of Louisi 
 States which adopted the Confederate Constitution ordained at 111 " 1 ? 
 Montgomery, Alabama, in 1861. After the occupation of Louisi 
 ana by the federal troops, a quorum of the rebel legislature could 
 not be obtained. But it was solemnly decided by the Supreme 
 Court of Louisiana, that so long as a single parish remained loyal 
 to the Confederacy, such parish, or minority of the people, should 
 be regarded as the State of Louisiana; and that the conquered dis 
 tricts of the State were lost to it, and would so remain until re 
 conquered or restored by a treaty of peace. 5. Arkansas and Ten- Arkansas 
 nessee had the same history as Louisiana. And yet all these prac- and Tenae* 
 tically dissolved corporations and their exiled governors continued sei 
 to be recognized by the Confederate government as the lawful au 
 thorities of those States. 6. Maryland. The majority of the legis- Of Mary- 
 lators being known to side with the rebellion, the assemblage of lau <i? 
 
246 DOMESTIC VIOLENCE, 235. [Arts. V., VI, 
 
 that body was prevented by the military power of the United 
 
 What is the States. Therefore, the country seems to be estopped upon the doc- 
 
 u>on \vhich trme that when tne exigencies of the republic require it, the gov- 
 
 the country eminent of a State, whether regular or irregular, majority or minori- 
 
 is estopped? ty, which adheres to the Union and acknowledges the supremacy 
 
 of the federal Constitution, will be recognized and treated as the 
 
 lawful legislature and executive entitled to the guaranty to bo 
 
 protected. 
 
 " AGAINST DOMESTIC VIOLENCE." By the first act of Congress 
 to secure this guaranty (28th Feb., 1795, 1 Stat. 424), it is pro 
 vided, that " in case of an insurrection in any State against the 
 government thereof, it shall be lawful for the President of the 
 United States, on application of the legislature of such State, or 
 of the executive (when the legislature cannot be convened), to 
 call forth such number of the militia of any State, or States, as 
 may be applied for, as he may judge sufficient to suppress such 
 insurrection." Luther v. Borden, 7 How. 43 ; Brightly s Digest, 
 p. 440, 1-4. 
 
 What is If there be an. armed conflict, it is a case of " domestic vio- 
 
 "domestic ] e nce," and one of the parties must be in insurrection against the 
 lawful government. As the law gives a discretionary power to 
 the President, to be exercised by him upon his own opinion of 
 certain facts, he is the sole and exclusive judge of the existence 
 of those facts. If he err, Congress may apply the proper remedy. 
 But the courts must administer the law as they find it. (Martin 
 v. Mott, 12 Wheat. 29-31.) Luther v. Borden, 7 How. 44, 45. 
 And see Act of 12th July, 1861. 12 St. 257; 2 Brightly s Dig. 
 1231, Tit. INSURRECTION; United States v. One hundred packages, 
 11 Am. L. R. 419; Kulp v. Bicketts, 20 Leg. Int. 228; Val- 
 landigham s Trial, 259 ; Hodgson v. Millwood, 20 Leg. Int. 60, 
 164; Ohio v. Bliss, 10 Pittsburgh L. J. 304. The acts upon 
 "INSURRECTION" are fully collected in 2 Brightly s Dig. p. 1230- 
 1239. The framers of the Constitution seemed to have looked to 
 the possibility of domestic violence by the slaves. Federalist, No. 
 43, p. 246. 
 
 ARTICLE V. 
 
 HOW are The Congress, whenever two-thirds of both houses 
 rants to be shall deem it necessary, shall propose amendments to 
 this Constitution, or, on the application of the legisla- 
 139, 144, 145. tures of two-thirds of the several States, shall call a 
 convention for proposing amendments, which, in either 
 case, shall be valid to all intents and purposes, as part 
 of this Constitution, when ratified by the legislatures 
 of three-fourths of the several States, or by conven 
 tions in three-fourths thereof, as the one or the other 
 mode of ratification may be proposed by the Congress ; 
 
01.1,2.] AMENDMENTS, 236, 237. 247 
 
 provided, that no amendment, which may be made 
 prior to the year one thousand eight hundred and 
 eight, shall in any manner affect the first and fourth 
 clauses in the ninth section of the first article; and 
 that no State, without its consent, shall be deprived 
 of its equal suffrage in the Senate. 
 
 236. CONGRESS MAY PROPOSE AMENDMENTS, &c. These terms is the Presi- 
 need no definition. Upon a call of Congress in regard to the sub- dent s ap- 
 mission of the fourteenth amendment to the legislatures of the ^cessa ry? 
 States, President Johnson more than intimated an opinion, that 
 
 the resolution proposing the amendment ought to be submitted to 
 
 the President s approval. But the practice has been otherwise: 
 
 and as the reason for such a rule is superseded by the " two- 66-70. 
 
 thirds " vote, the rule itself ought to cease. It has been held that 275-277. 
 
 the approval of the President is not necessary. Hollingsworth v. 
 
 Virginia, 3 Dall. 378. All the amendments have been proposed to 244, 274, 275. 
 
 the legislatures ; none to conventions of the States. See Fed 
 
 eralist, No. 43; Story s Const. 182G-1831; 1 Tucker s Black. 242. 
 
 Com. App. 371, 372. The amendments when made are binding 
 
 upon the States. 
 
 ARTICLE VI. 
 
 [1.] All debts contracted, and engagements entered what debts 
 into, before the adoption of this Constitution, shall be United 
 as valid against the United States, under this C on sti- assume? 
 tution, as under the Confederation. 
 
 237. UNITED STATES TO PAY THE DEBTS OP THE CONFED 
 ERATION. This was but asserting a principle of moral obligation, 
 which always applies to revolutions. See Story s Const. 1832- 
 1835; Journal of Convention, 291; Jackson v. Lunn, 3 Johns. 
 Cases. 109; Kelly v. Harrison, 2 Id. 29; Terrett v. Taylor, 9 Cr. 
 50; Rutherford Inst. B. 2, ch. 9. 1, 2; ch. 10, 14, 15; Vattel, 
 Prelim. Dis. ch. 1, 1 ; ch. 5, 64; ch. 14, 214-21G ; Grotius, B. 
 2, ch. 9, 8, 9; Federalist, Nos. 43, 84; 1 Tuck. Black. Com. App. 
 368; Confederation, Art. XII. ante, p. 19. 
 
 The principle is, that revolution ought to have no effect what 
 soever upon private rights and contracts, or upon the public obli 
 gations of nations. Terrett v. Taylor, 9 Cr. 50. 
 
 [2.] This Constitution, and the laws of the United what is the 
 
 States which shall be made in pursuance thereof, and 
 all treaties made, or which shall be made, under the 
 authority of the United States, shall be the supreme 
 law of the land; and the judges in every State shall 
 
248 
 
 SUPREME LAW, 238, 239. 
 
 [Art. VI., 
 
 What is 
 the Consti 
 tution ? 
 2. 
 
 195, 242. 
 2, 6T, 68. 
 
 179, 245. 
 195-198. 
 
 "What is a 
 law? 
 
 195, 203. 
 
 211. 
 138. 
 
 be bound thereby, any thing in the Constitution or 
 laws of any State to the contrary notwithstanding. 
 
 23. Tins CONSTITUTION creates the government. Of course it 
 stands paramount. And if any law of Congress, treaty, or State 
 law, be found to be a plain infraction of this Constitution, they will 
 be held to be void. The object was to establish a government 
 which, to the extent of its powers, is supreme. Story s Const. 
 1837 ; Ableman v. Booth, 21 How. 517, 520. A law, by the very 
 meaning of the term, includes supremacy. Story s Const. 1837. 
 And the government must be strong enough to execute its own laws, 
 by its own tribunals. Ableman v. Booth, 21 How. 517. The su 
 premacy could not peacefully be maintained unless clothed with 
 judicial power. Id. 518, 519. This clause fully compared with 
 the judicial power. Id. 
 
 239. "AND ALL LAWS OF THE UNITED STATES WHICH SHALL 
 
 BE MADE IN PUESUANCE THEREOF." A LAW JS a Solemn 
 
 expression of legislative will. Louisiana Civil Code, Art. I. It 
 is a rule of action. It is a rule of civil conduct prescribed by the 
 "supreme" power in a State. 1 Bl. Com. 44; 1 Kent s Com., Lect. 
 XX. p. 447. It includes supremacy. Story s Const. 1738. See 
 Federalist, Nos. 33, 64; Gibbons v. Ogden, 9 Wh. 210, 211 ; Mc- 
 Culloch v. Maryland, 4 "Wh. 405, 406. All such laws, made by the 
 general government, upon the rights, duties, and subjects specially 
 enumerated and confided to their jurisdiction, are necessarily exclu 
 sive and supreme, as well by express provision as by necessary im 
 plication. Sims Case, 7 Gush. 729 And the general government 
 has the power to cause such laws to be carried into full execution, 
 by its own powers, without dependence upon State authority, with 
 out any let or restraint imposed by it. Id. 
 
 A law is made in pursuance of the Constitution, whenever it is 
 enacted by a constitutional quorum of Congress and approved by 
 the President ; or, being returned with his objections, is passed over 
 the veto by the necessary two-thirds vote. It then becomes the 
 supreme law ; and is generally regarded as binding until decided to 
 be unconstitutional by the Supreme Court of the United States, in 
 a proper case arising upon the law. 
 
 After grave consideration, cases might arise where, after the laws 
 had been passed, with all constitutional forms and time, and placed 
 on statute books, it would be the duty of the executive to refuse to 
 carry them out, regardless of consequences. This would be involv 
 ing the country in a justifiable civil war. President Johnson s Mes 
 sage, 3d Dec., 1867. The editor cannot give this sentiment with 
 out expressing his disbelief in its correctness. 
 
 The sovereignty to be created was to be limited in its powers of 
 legislation, and if it passed a law not authorized by its enumerated 
 powers, it was not to be regarded as the supreme law of the land, 
 nor were the State judges bound to carry it into execution. And 
 as the courts of a State, and the courts of the United States, might, 
 and certainly would, often differ as to the extent of the powers con 
 ferred by the government, it was manifest that serious controversies 
 would arise between the authorities of the United States and of the 
 
Cl. 2.] TREATIES, 240. 249 
 
 States, which must be settled by force of arms, unless some tribunal 138. 
 was created to decide between them finally and without appeal. 
 Ableman v. Booth, 21 How. 519, 520. The Supreme Court of the 
 United States shown to be that tribunal. Id. 520-526. 
 
 And no power is more clearly conferred by the Constitution 
 and laws of the United States, than the power of this court to de 
 cide, ultimately and finally, all cases arising under such Constitution 
 and laws, &c. Id. 525. 
 
 24O. A TREATY is a solemn agreement between nations. Fos- Define a 
 ter v.Neilson, 2 Pet. 314. ^ treat y^ 
 
 Whenever a right grows out of, or is protected by, a treaty, it is 
 sanctioned against all the laws and judicial decisions of the States ; What is the 
 and whoever may have this rignt, it is to be protected. Owing v. rule as to 
 Norwood s Lessee, 5 Cr. 348 ; People v. Gerke, 4 Am. L. R. 604 ; ^ 5 \ 
 6 Opin. 291. But though a treaty is a law of the land, and its pro 
 visions must be. regarded by the courts as equivalent to an act of 
 the legislature when it operates directly on a subject, yet, if it be 
 merely a stipulation for future legislation by Congress it addresses 
 itself to the political and not to the judicial department, and the 
 latter must await the action of the former. Foster v. Neilson, 2 
 Pet. 253. " Shall be confirmed," was construed to act presently on 
 the perfect Spanish grants. Id. A treaty ratified with proper 
 formalities, is, by the Constitution, the supreme law of the land, 
 and the courts have no power to examine into the authority of the 
 persons by whom it was entered into on behalf of the foreign na 
 tion. Doe v. Braden, 16 How. 635. Though a treaty is the law 
 of the land, under the Constitution, Congress may repeal it, so far 
 as it is municipal law, provided its subject-matter be within the 
 legislative power. Taylor v. Morton, 2 Curt. C. C. 454 ; Talbot v. 
 Seaman, 1 Cr. 1 ; Ware v. Hylton, 3 Ball. 361 ; Story s Const. 
 1838. 
 
 A treaty concluded by the President and Senate binds the nation, What is the 
 in the aggregate, and all its subordinate authorities, and its citizens obligation 
 as individuals, to the observance of the stipulations contained in it. 
 (Ware v. Hylton, 3 Dall. 199; Worcester v. Georgia, 6 Pet. 575.) 
 Fellows v. Dennison, 23 N. Y. R. (9 Smith), 427. 
 
 " SUPREME LAW OF THE LAND." The highest law ; that which What is tho 
 binds all the people of the nation, and cannot be abrogated by the ^"^If rne 
 States. It was intended to declare that, to the extent of its pow- a^ asa 
 ers, the Constitution, laws, and treaties of the United States, are 
 prescribed by the "supreme power of the State," and are supreme. 
 This power of the government can be exercised by Congress, or, 
 to the extent of the treaty-making power, by the President and 
 Senate. The national rule of action then is : 1. The Constitution ; What is th> 
 2. Acts of Congress; 3. Treaties; 4. The judicial decisions as national *wo 
 precedents. The State -constitutions, laws, and decisions on, are ott 
 
 subordinate to these. See Ableman v. Booth, 21 How. 525; 
 Story s Const., 1836-1841; Federalist, No. 33 ; Gibbons v. Og- 
 den, 9 Wheat. 210, 211; McCulloch v. Maryland, 4 Wheat. 405, 
 406; Letter of Congress, 13th April, 1787; 12 Journal of Con 
 gress. 32-36; 1 Wirt s State Papers, 45, 47, 71, 81, 145; Sergt a 
 Const, ch. 21, pp. 212, 219 ; ch. 34, pp. 406, 407; Ware v. Hylton, 
 
 11* 
 
250 
 
 OATH OF OFFICE, 241, 242. 
 
 [Art. VI., 
 
 How is i\ 
 treaty to oe 
 regulated ? 
 
 195. 
 
 What was 
 Jett erson a 
 opinion ? 
 
 3 Ball. 270-277; Journal of Convention, 222, 282, 283, 293; Fed 
 eralist, Nos. 44, 64; Debates on the British Treaty of 1794; Jour 
 nal of the II. of Reps., 6th April, 1796 ; Marshall s Life of Wash 
 ington, ch. 8, pp. 650-659. Sergt s Const. 3d edition, ch. 34, 
 p. 410 ; 1 Debates on British Treaty, by Bache (1796), pp. 374-386 ; 
 
 4 Elliot s Debates, 244-248. A treaty is to be regarded by courts 
 of justice as equivalent to an act of the legislature whenever it 
 operates itself without the aid of any legislative provision. Foster 
 v. Neilson, 2 Pet. 314. 
 
 See Jefferson s Opinion in "Washington s Cabinet, that a treaty 
 was a law of a superior order (Greek Treaty of 1790), and could 
 not be repealed by a future one ; and see a different view, 4 Jeffer 
 son s Corresp. 497, 498; Wheaton s Life of Piuckney, p. 517. 
 
 139, 154-161, 241. The Constitution or laws of any State to the contrary 
 21*8 219 22 ^withstanding. I* matters not whether the action of a State is 
 223. organic, and in its Constitution, or any ordinance ; or whether it 
 
 be in a statute, if it violate the Constitution, laws, or treaty of tlie 
 
 United States, it is simply void, and " the judges of every State " 
 
 are bound by the supreme law, and not by the State law. Marbury 
 142,143. v . Madison, 1 Cr. 137, 176; Calder v. Bull, 3 Dall. 386; Sattorlee 
 
 v. Matthewson, 2 Pet. 380, 413 ; Ex parte Garland, 4 Wall. 399 ; 
 
 Cummings v. Missouri, 5 Wall. 277, 329. 
 
 All courts will declare State Constitutions and laws, which clearly 
 239. violate the Constitution, laws, or treaties of the United States, void. 
 
 But only in clear cases. Id. See particularly Ableman v. Booth, 
 
 21 How. 507-526. 
 
 who shall f3.] The senators and representatives before men- 
 be bound by . 
 the oath 
 of office ? 
 
 19, 35. 46, 
 174, 1S2. 
 
 Any reli 
 gious test 
 required ? 
 
 What 
 officers are 
 embraced ? 
 229-231. 
 2-11-242, 
 
 274-285. 
 
 What was 
 the oath 1 
 
 tioried, and the members o the several State legisla 
 tures, and all executive and judicial officers, both of 
 the United States and of the several States, shall be 
 bound, by oath or affirmation, to support this Consti 
 tution ; but no religious test shall ever be required as 
 a qualification to any office or public trust under tho 
 United States. 
 
 242. " THE SENATORS," &c. The classification embraces all tho 
 legislative, executive, and judicial officers of the United States, 
 and of the States. The practice has also been to embrace all the 
 ministerial and militia officers of the country. The object doubtless 
 was to procure solemn recognitions of the preceding clause. Story s 
 Const. 1844-1846. Especial attention is invited to the four 
 teenth amendment. The disqualification for participation in rebel 
 lion seems to be based upon the higher obligation to observe this 
 oath. 
 
 The act of 1st June, 1789, prescribed the following oath: 
 "/ A. B.i do solemnly .nvear, or affirm (as the case may be), that 
 I will support the Constitution of the United States." 1 Stat. 23; 1 
 Brightly s Dig. 706. 
 
OL 3.] TEST OATH, 242. 251 
 
 No other oath is required, "yet he would be charged with in 
 sanity who would contend that the legislature might not superadd 
 to the oath directed by the Constitution such other oath of office 
 as its wisdom might suggest." (McCulloch v. Maryland, 4 Wheat. 
 4 1 6-) The United States v. Rhodes (by Justice Swayne, in Ken 
 tucky, October T. 1867). 
 
 This is the last and closing clause of the Constitution, and in- 174, 182 
 serted when the whole framework of the government had been 
 adopted by the convention. It binds the citizens and the States. 
 And certainly no faith could be more deliberately and solemnly 
 pledged than that which every State has pledged to the other 
 States to support the Constitution as it is, in all its provisions, until 
 they shall be altered in the manner which the Constitution itself 230. 
 prescribes. In the emphatic language of the pledge required, it is 
 to support this Constitution. Ableman v. Booth, 21 How. 524, 525. 
 
 The act of Congress of 2d July, 1862, 12 Stat. 502, 1, requires What is the 
 all federal officers to take the following oath: "I, A. B., do testoath * 
 solemnly swear (or affirm), that I have never voluntarily borne 
 arms against the United States since I have been a citizen thereof; 
 that I have voluntarily given no aid, countenance, counsel, or en 
 couragement to persons engaged in armed hostility thereto ; that 
 I have neither sought nor accepted, nor attempted to exercise the 
 functions of any office whatever, under any authority or pretended 
 authority in hostility to the United States ; that I have not yielded 
 a voluntary support to any pretended government, authority, power, 
 or Constitution within the United States, hostile or inimical thereto. 
 And I do further swear (or affirm) that, to the best of my knowl 
 edge and ability, I will support and defend the Constitution of the 
 United States, against all enemies, foreign and domestic; that I 
 will bear true faith and allegiance to the same; that I take this 
 obligation freely, without any mental reservation or purpose of 
 evasion, and that I will well and faithfully discharge the duties of 
 the office on which I am about to enter, so help me God." 
 
 The oath may be taken before any State officer authorized to 142, 143. 
 administer oaths. If it be falsely taken, or if it be subsequently 
 violated, it is perjury. The oath is required of all attorneys prac 
 ticing in the federal courts, and before any of the departments 
 of government, and of all captains of vessels. 2 Brightly s Dig. 
 p. :{48 and p. 50 ; 12 St. 610. It was held by Judge Busteed. of the 
 United States District Court of Alabama, that, as to lawyers, this 
 test oath was unconstitutional. 
 
 The statute has been held to be unconstitutional as to attorneys How far 
 of the Supreme Court of the United States who were such before B 
 the rebellion, and who could not take the oath because of their par 
 ticipation in it. Garland s Case, 4 Wall. 381. 
 
 "No RELIGIOUS TEST" was doubtless used in the sense of the What is a 
 statute of 25 Charles II., which required an oath and declaration ^ oua 
 against transubstantiation, which all officers , civil and military, 
 were formerly obliged to take within six months after their admis- 245. 
 sion. See Webster s Die., TEST. The object was to cut off all pre- 285. 
 tense of alliance between Church and State. Story s Const. 184, 
 
252 
 
 SIGNERS, 243. 
 
 [Art. VII., 
 
 how 
 
 
 754; 4 Black. Com. 44, 53-5Y; 2 Kent s Com. Lect. 24, 34, 35; 
 Rawle s Const, ch. 10, p. 121. 
 
 ARTICLE VII. 
 
 The ratification of the conventions of nine States 
 
 shall be sufficient for the establishment of this Con 
 
 stitution between the States so ratifying the same. 
 
 Done in Convention, by the unanimous consent 
 
 of the States present, the seventeenth day of 
 
 September, in the year of our Lord one thou 
 
 sand seven hundred and eighty-seven, and of the 
 
 independence of the United States of America 
 
 the twelfth. In witness whereof, we have here 
 
 unto subscribed our names. 
 
 GEORGE WASHINGTON, PresitTt, 
 
 New Hampshire. 
 JOHN LANGDON, 
 NICHOLAS GILMAN. 
 
 Massachusetts. 
 NATHANIEL GORHAM, 
 RUFUS KING. 
 
 New Jersey. 
 WIL: LIVINGSTON, 
 DAVID BREARLY, 
 WM. PATERSON, 
 JONA: DAYTON. 
 
 Pennsylvania. 
 B. FRANKLIN, 
 THOMAS MIFPLIN, 
 EGBERT MORRIS, 
 GEO: CLYMER, 
 THO: FITZSIMONS, 
 JARED INGERSOLL, 
 JAMES WILSON, 
 Gouv: MORRIS. 
 
 Delaware. 
 GEO; READ, 
 
 GUNNING BEDFORD, JUN R, 
 JOHN DICKINSON, 
 RICHARD BASSETT, 
 JACO: BROOM. 
 
 Attest : 
 
 And deputy from Virginia, 
 
 Connecticut. 
 
 WM. SAML. JOHNSON, 
 ROGER SHERMAN. 
 
 New York. 
 ALEXANDER HAMILTON 
 
 Maryland. 
 JAMES M HENRY, 
 DAN : OF ST. Tuos. JEJTIFEB, 
 DANL. CARROLL. 
 
 Virginia. 
 JOHN BLAIR, 
 JAMES MADISON, JR. 
 
 North Carolina. 
 WM. BLOUNT, 
 RICH D DOBBS SPAIGHT, 
 Hu. WILLIAMSON. 
 
 South Carolina. 
 JOHN RUTLEDGE, 
 CHARLES COTES WORTH PINCKNEY, 
 CHARLES PINCKNEY, 
 PIERCE BUTLER. 
 
 Georgia. 
 WILLIAM FEW, 
 ABRAHAM BALDWIN. 
 
 WILLIAM JACKSON, Secretary. 
 
Art. 1.] KATIFICATION BY THE STATES, 243. 253 
 
 243. " RATIFICATION " [Ratificare ; fromratus, valid, and/acere, Define 
 to make. Litt. Sec. 515. Equivalent to " confirmare."] Co. Litt. ratification ? 
 295ft. A confirmation of a previous act done either by the party 46. 
 himself or by another. (Story on Agency, 250, 251; 2 Kent s 
 Com. 237.) BurrilPs Law Die., RATIFICATION. 
 
 OF THE CONVENTIONS OF NINE STATES." This was intended 
 to leave the action to the people, as the legislatures could only 
 make a league or treaty between the parties. Federalist, No. 43. 
 See Story s Const. 1850-1856, and 621. 
 
 "BETWEEN THE STATES RATIFYING THE SAME." " States " is In what 
 here used in the sense of independent governments, which could f. e " se i8 ,, 
 not act, however, through their legislatures ; but only through the n ^ r * &&& ? 
 conventions of the people. But when, is not declared. That the ^ 
 rejection by a conveution was no estoppel upon a State, is proved 
 by the case of North Carolina, whose first convention rejected the 
 Constitution. The condition of the non-ratifying States is not de 
 fined ; but the principles of self-preservation were strongly set 
 forth at that day. Federalist, 43 ; No. 2 Kent s Com. Lect. 24, 
 30-36; Rawle s Const, ch. 10, p. 121; Story s Const. 1851, 1852. 
 
 "ESTABLISHMENT," is here used in the same sense as the verb 1-13, 248. 
 in the preamble : the putting the government created by the Con 
 stitution into operation. 
 
 Ratifying extends beyond a literal definition of the term. For To what 
 although the "new States," and the independent nation (Texas) doesratify- 
 which have since been admitted into the Union, cannot be said to ing e; 
 have ratified the Constitution in the sense of agreeing to the act 229 - 232 
 done by themselves or another for them ; yet in theory and in 
 practice, they have agreed to all its obligations; and because of 
 this agreement, every citizen for himself, and each State in its 205, 271. 
 sovereign or corporate capacity, is bound by all the obligations 
 which the Constitution and the amendments impose. See the able 
 opinions in Chisholm v. Georgia, 2 Ball. 474. See Preface, p. v. 
 
 Thus we see that from the first word in the preamble to the end 6. 
 of this stupendous work, there is a constant recurring necessity to 
 carefully weigh every word and phrase ; to arrive at the defi 
 nitions by consulting the whole context, and interpreting each 
 part by the ordinary rules of interpreting other great laws and 
 compacts among men ; that is by the words of the instrument, 
 its context, its reason and spirit, the old law, the mischiefs and 
 the remedies intended to be applied ; always bearing in mind the 
 great principle, that the compact must strengthen rather than perish. 
 
 The Constitution was adopted on the 17th September, 1787, by When was 
 the convention appointed in pursuance of the resolution of the tbe Consti- 
 Congress of the Confederation, of the 21st February, 1787, aBdJjL I j 
 was ratified by the conventions of the several States, as follows, states? 
 viz.: Of Delaware, on the 7th December, 1787; Pennsylvania, 
 12th Dec., 1787 ; New Jersey, 18th Dec., 1787 ; Georgia, 2d Jan., 229,230. 
 1788; Connecticut, 9th Jan., 1788 ; Massachusetts, 6th Feb., 1788; 
 Maryland, 28th April, 1788; South Carolina, 23d May, 1788; New 
 Hampshire, 21st June, 1788; Virginia, 26th June, 1788; New 
 York, 26th July, 1788; North Carolina, 21st Nov. 1789; Rhode 
 Island, 29th May, 1.790. North Carolina rejected it at its first con 
 vention. Story s Const. 1851. 
 
254 
 
 KELIGION, 244, 245. [Amendments, 
 
 TV hen were 
 tho amend 
 ments pro 
 posed? 
 
 What was 
 the object 
 of the 
 amend 
 ments? 
 
 What re 
 strictions 
 as to 
 religion, 
 speech, the 
 press, and 
 risrht of pe 
 tition? 
 
 De-fine 
 establish 
 ment" ? 
 93, 1U4 : 243. 
 
 What i* 
 religion ? 
 
 "What was 
 the object? 
 
 242. 
 
 244. AMENDMENTS TO THE CONSTITUTION. These thirteen 
 articles proposed by Congress, in addition to, and amendment of 
 the Constitution of the United States, having been ratified by the 
 legislatures of the requisite number of the States, have become 
 parts of the Constitution. The first ten amendments were pro 
 posed by Congress at its first session, in 1789. The eleventh was 
 proposed in 1794, the twelfth in 1803, and the thirteenth and four 
 teenth (in note 275), as explained in notes 274, 275-285. Bright 
 ly s Dig. p. 12, note (a}. 
 
 For the reasons which led to these amendments, see 2 Elliot s 
 Debates, 331, 380-427; 1 Id. 119-122; 3 Id. 139, 140, 149, 153; 
 Story s Const. 1857-1868; 2 American Museum, 423, 425; Id. 
 534; Id. 540-546; Id. 553; 2 Kent s Com. Lect. 24; Federalist, 
 No. 84 ; 1 Lloyd s Debates, 414, 420, 430-447. And see the History 
 of the Rebellion for the 13th and 14th. 
 
 The whole object seems to have been to limit the powers of the 
 government by the prohibitory power of a bill of rights, notwith 
 standing the government was one of limited powers, and contained 
 many restrictions in the shape of a bill of rights. Story s Const. 
 1857-1862. 
 
 ARTICLE I. 
 
 Congress shall make no law respecting an establish 
 ment of religion, or prohibiting the free exercise 
 thereof; or abridging the freedom of speech, or of 
 the press ; or the right of the people peaceably to 
 assemble, and to petition the government for a redress 
 of grievances. 
 
 245. " ESTABLISHMENT." Here it means a system of religion 
 recognized and supported by the State ; as the Establishment or 
 Established Church of England. Worcester s Dictionary, ESTAB 
 LISHMENT ; Story s Const. 1871. 
 
 Op RELIGION." [Lat. Religio, from re and Ugo to bind.] An 
 acknowledgment of our obligation to God as our creator, with a 
 feeling of reverence and love, and consequent duty of obedience to 
 him, &c. Here a particular system of faith or worship. Worces 
 ter s Die., RELIGION. Webster, Id. for a more comprehensive 
 definition. 
 
 The real object of the amendment was, not to countenance, much 
 less to advance Mahometanism, or Judaism, or infidelity, by pros 
 trating Christianity; but to exclude all rivalry among Christian 
 sects, and to prevent any national ecclesiastical establishment 
 which would give to a hierarchy the exclusive patronage of the 
 national government. Story s Const. 1877; 2 Lloyd s Debates, 
 ]9"j-l ( ,>7. For a discussion of the subject, see 2 Kent s Com. (11 
 ed.) Lect. 24, pp. 35-37 ; notes 1, a, b, c, d. Rawle s Const, ch. 10, 
 pp.12:, 122; Montesq. Spirit of Laws, B. 24, ch. 3, 5 ; 1 Tuck. 
 Black. Com. App. 296; 2 Id. note G, pp. 10, 11 ; 4 Black. Com. 
 41-59; Lord King s Life of Locke, 373 ; Jefferson s Notes on Vir- 
 
Art. L] RELIGIOUS LIBERTY, 245, 246. 255 
 
 ginia, 264-270; Story s Const. 1870-1879; People v. Rugglcs, 
 8 Johns. 160 ; Vidal v. Girard s Executors, 2 How. 127. 
 
 This, and the clause in the Vlth Article, that no religious test 
 shall ever be required for office," are the only provisions in the 
 federal Constitution upon the subject. Ex parts Garland, 4 Wal 
 lace, 397. 
 
 No restraint is placed on the action of the States ; but the whole Is the re- 
 power over the subject of religion is left exclusively to the State 8train t "pon 
 governments. (Story s Const. 1878.) Ex parte Garland, Id. rfthe 
 
 This makes no provision for protecting the citizens of the respec- 
 tive States in their religious liberties ; that is left to the State con 
 stitutions ; nor is there any inhibition imposed by the Constitution 
 of the United States in this respect on the States. (Permoli v. First 
 Municipality, 3 How. 589, 609; Ex parte Garland, 4 Wall. 399. 
 
 This court now holds the provision in the Constitution of Mis- !? 
 souri void, on the ground that the federal Constitution forbids it. 
 (Such as a test oath to priests.) Ex parte Garland, 4 Wallace, 398. 142, 143. 
 See the subject fully discussed in 1 Kent s Com. llth edition, Part 
 IV. sec. XXIV. p. 633; Story s Const. 1870-1879: Andrew v. 
 The Bible, &c., Society, 4 Sandf. N. Y. 156; Ayers v. M. E. Church, 
 3 Id. 351. 
 
 Christianity is not a part of the municipal law. Andrew v. N". Y. Is Christt- 
 & P. B. Society, 4 Sandf. N. Y. R. 182. With us, all religions are JJjl^ * part 
 tolerated, and none is established ; each has an equal right to the c om m 0n 
 protection of the law. Ayers v. The Methodist Church, 3 Sandf. 377. law ? 
 It must be understood to extend equally to all sects, whether they What is the 
 believed in Christianity or not, and whether they were Jews or In- extent of 
 fidels. (Updegraff v. The Commonwealth, 11 Sergt. & Rawle, 394.) JS^r" 
 Vidal v. Girard s Executors, 2 How. 198. 
 
 This declaration (to the same effect in the Constitution of the re- What is the 
 public of Texas) reduced the Roman Catholic Church from the high revolution- 
 privilege of being the only national church, to a level and an equal- such^decla- 
 ity with every other denomination of Christians. Blair v. Odin, 3 rations ? 
 Tex. 300; Wheeler v. Moody, 9 Tex. 376. After this fundamental 
 change, assessments and contributions could not be levied for the 
 purpose of creating such edifices and supporting ecclesiastics, on 
 the ground that the previous system had destined such contribu 
 tions. (Antoines v. Esclava, 9 Porter, 527; Terrett v. Taylor, 9 
 Cr. 43.) Paschal s Annotated Digest, note 154; Blair v. Odin, 3 
 Tex. 300. 
 
 So far as they (the acts of Congress organizing the territories) 229, 231. 
 conferred political rights, and secured civil and religious liberties 
 (which are political rights), the laws of Congress were all super 
 seded by the State Constitution ; nor are any part of them in force, 
 unless they were adopted by the Constitution of Louisiana, as laws 
 of the State. Perrnoli v. First Municipality, 3 How. 610. 
 
 246. "FREEDOM OF SPEECH" [from freo, free, and dom, juris- What is 
 diction}, Liberty; exemption from servitude. Syn. Freedom freedom? 
 and liberty, as applied to nations, are often used synonymously. 
 Freedom is personal and private ; liberty public. Worcester s Die., 
 FREEDOM. 
 
256 
 
 ABMS, 247-250. 
 
 [Amendments, 
 
 Define the 
 " right to 
 petition ? 
 
 Dt-fine 247 . " AND OF THE PRESS." This language imports no more 
 
 t ^ ian ^at evei T man sna ll have a right to speak, write, and publish, 
 his opinions upon any subject whatsoever, without any prior re 
 straint, so, always, that he does not injure any person in his rights, 
 person, or reputation ; and so always that he does not thereby dis 
 turb nor attempt to subvert the government. (Rawle s Const, ch. 10, 
 pp. 123, 124; 2 Kent s Com. Lect. 24, pp. 16-26; De Lolme, B. 2, 
 ch. 12, 13; 2 Lloyd s Debates, 197, 198.) Story s Const. 1880- 
 1885; Paschal s Annotated Digest, note 161, p. 47 ; 1 Black. Com. 
 152, 153; Rex v. Burdett, 4 Barn & Aid. 95; De Lolme, B. 2, ch. 
 12, 291-297. 
 
 6, 16, 251. 248. " THE PEOPLE " here is used in the broad sense of the pre 
 amble ; and a broader sense than "electors." It was never un 
 derstood to apply to slaves. 
 
 "RIGHT TO PETITION." This right is incident to a republican 
 government. Story s Const. 1994, 1995. The only question is 
 as to the "GRIEVANCES" to be redressed. That must always be 
 determined by the power of the " government " to give the redress 
 asked. See the discussions on the 21st rule of the House of Rep 
 resentatives in 1838, and the debates thereon until 1846. 
 
 It is to be observed that the right is to petition the " GOVERN 
 MENT." This must mean to address the petition to the appropriate 
 department: to Congress, the executive, or the judiciary, accord 
 ing to their respective jurisdictions, as prescribed by the Constitu 
 tion and laws. The questions of jurisdiction and of right must 
 always determine whether the redress sought can be granted. 
 
 ARTICLE II. 
 
 the A well-regulated militia being necessary to the se 
 curity of a free State, the right of the people to keep 
 and bear arms shall not be infringed. 
 
 175, 249. This clause has reference to a free government, and is 
 based on the idea, that the people cannot be oppressed or enslaved, 
 who. are not first disarmed. Cockrum v. The State, 24 Tex. 401. 
 
 See Tucker s Black. Com. upon the Militia, App. 300 ; Black. 
 Com. 143, 144; Rawle s Const, ch. 10, pp. 126, 127 ; 2 Lloyd s De 
 bates, 23. 
 
 The President, by order, disbanded the volunteer companies of 
 the District of Columbia, in November, 1867. His right to do so 
 has been denied. 
 
 ARTICLE III. 
 
 No soldier shall, in time of peace, be quartered inl 
 any house without the consent of the owner ; nor in I 
 time of war, but in a manner to be prescribed by law. I 
 
 25O. " No SOLDIER." SOLDIER, a man engaged in military 
 service ; one whose occupation is military ; a man enlisted for 
 
 What is 
 riyht to 
 bear 
 aims? 
 
 249, 130, 
 2y8, 240. 
 
 What is a 
 soldier? 
 
Arts. II.-IY.] SECURITY, 251, 252. 257 
 
 service in an army; a private or one in the ranks. "Webster s 
 Die., SOLDIER. 
 
 "SHALL BE QUARTERED IN ANY HOUSE." To QUARTER is to 
 station soldiers for lodging. Webster s Die., QUARTER. 
 
 The object is to secure the perfect enjoyment of that great right 
 of the common law, that a man s house shall be his own castle, 
 privileged against all civil and military intrusion. Story s Const. 
 1900. 
 
 44 THE OWNER " here means the occupant in possession. 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their persons, Warrants? 
 houses, papers, and effects, against unreasonable 
 searches and seizures, shall not be violated ; and no 
 warrants shall issue, but upon probable cause, sup 
 ported by oath or affirmation, and particularly describ 
 ing the place to be searched, and the persons or things 
 to be seized. 
 
 251. "THE PEOPLE " is here used in as comprehensive a sense Who arc the 
 as in the preamble, and perhaps in a more enlarged sense thanP e P le? 
 there or elsewhere. It embraces all the inhabitants citizens and 
 
 aliens who are entitled to the protection of the law. The slaves 6, 16, 93, 220, 
 were never treated as a part of this " people." The provision 221 i 248 i 25 & 
 is indispensable to the full enjoyment of the rights of personal 
 security, personal liberty, and private property. Story s Const. 
 1902. 
 
 "SEARCHES AND SEIZURES," are always unreasonable when they When un- 
 are without authority of law. It was intended to prevent domi- reasonable? 
 ciliary visits and arbitrary arrests, which are the natural fruits of 
 unrestricted power. 
 
 252. " AND NO WARRANT," &c. [0. Fr. guarent; Lomb. warens.~\ What Is a 
 An authority to do some judicial act; a power derived from warrant? 
 a court, to take some person or property. Burrill s Law Die., 
 WARRANT. 
 
 This refers only to process issued under authority of the United To what 
 States. Smith v. Maryland, 18 How. 71. And it has no applica- confined? 
 tion to proceedings for the recovery of debts, as a treasury distress 257. 
 warrant. Murray s Lessee v. Hoboken Land & Improvement Co. 
 Id. 272. See Ex parts Burford, 3 Cr. 448; Wakely v. Hart, 6 
 Binn. 316 ; 1 Opin. 229 ; 2 Id. 2G6. See Ex parte Milligan, 4 Wall. 
 119. It was caused by the practice of issuing general warrants. 
 Story s Const. 1902. See Moody v. Beach, 3 Burr. 1743; 4 
 Black. Com. 291, 292 ; 15 Hansard s Parliamentary History, 1398- 
 1419(1764); Bell v. Clapp, 10 Johns. 263; Sailley v. Smith, 11 
 Johns. 500 ; Report and Resolutions of the Virginia Legislature, 
 25th Feb. 1799; 4 Jefferson s Correspondence, justifying arrests 
 by Wilkinson, 75-136 ; Story s Const. 1902, note 2. 
 
958 
 
 INDICTMENT, 253. 
 
 [Amendments, 
 
 What is 
 necessary to 
 charge a 
 capital or 
 infamous 
 crime f 
 
 What of the 
 risihts of 
 property ? 
 
 
 What is a 
 " person" ? 
 19, 35, 159. 
 
 What is a 
 capital or 
 infamous 
 crime? 
 40, 99, 110- 
 116,142, 191- 
 194 
 
 What is a 
 prest-nt- 
 ini-ut ? 
 
 252, 200. 
 
 What is an 
 indictment? 
 252, 260. 
 
 What is a 
 grand 
 jury ? 
 
 ARTICLE V. 
 
 No person shall be held to answer for a capital or 
 otherwise infamous crime, unless on a presentment or 
 indictment of a grand jury, except in cases arising in 
 the land or naval forces, or in the militia, when in 
 actual service, in time of war or public danger ; nor 
 shall any person be subject for the same offense to be 
 twice put in jeopardy of life or limb ; nor shall be com 
 pelled, in any criminal case, to be witness against him 
 self; nor be deprived of life, liberty, or property, 
 without due process of law ; nor shall private property 
 be taken for public use without just compensation. 
 
 253. PERSON. Practically the slaves and people of color were 
 never considered as embraced in. this amendment, as they were 
 often proceeded against without indictment. It meant a free 
 white. 
 
 "CAPITAL OR OTHERWISE INFAMOUS CRIME." This must mean 
 treason, piracy, or felony ( high crime "), as contradistinguished 
 from "misdemeanor." Story s Const. 1784. 
 
 In England, it formerly incapacitated the party committing it 
 from giving evidence as a witness ; sucli as treason, prcemunire, 
 felony, and every species of crimen faki, as perjury, forgery, and 
 the like. Roscoe s Criminal Evidence, 135. Usually, in this coun 
 try, it means such as are punished wilh death, or irnprisonrnent in 
 a State prison or penitentiary. Id. 
 
 But the " PRESKNTMENT OR INDICTMENT" is used in all offenses 
 against the United States. "Presentment" is the notice taken by 
 a grand jury of any offense, from their own knowledge or obser 
 vation, without any bill of indictment laid before them, upon which 
 the officer of the court must afterward frame an indictment, be 
 fore the party presented can be put to answer for it. 4 Black. 
 Com. 301. 
 
 J ^resentment (information) is not synonymous with "indictment." 
 An indictment must be found by a grand jury; an information 
 may be preferred by an officer of court. Clepper v. The State, 4 
 Tex. 244; Paschal s Annotated Digest, notes 162, 163, p. 48. It 
 has never yet been authorized by act of Congress. Story s Const. 
 1785. 
 
 An "INDICTMENT" is a written accusation of one or more per 
 sons of a crime or misdemeanor, preferred to and presented on 
 oath by a grand jury. (4 Bl. Com. 302 ; 4 Stephens Com. 69 ; 
 Arch. Cr. Pi. 1.) Bun-ill s Law Die., INDICTMENT. See Paschal s 
 Annotated Digest, Art. 28G3, notes 720-721. 
 
 A u GRAND JURY " is a body of men varying from not less than 
 twelve to not more than twenty-three, who. in secret, hear the evi 
 dence offered by the government only, and find or ignore bills of in- 
 
Art. V.] TWICE IN JEOPARDY, 254-256. 259 
 
 dictment presented to them. (4 Bl. Com. 302, 303 : 4 Stephens 260. 
 
 Com. 369, 370.) Burrill s Law Die., GRAND JURY; Story s Const. 
 
 1784; The King v. Marsh, 6 Adolph. & Ell., 236; 1 Nev. & 
 
 Perry, 187; People v. King, 2 Caines Cases, 98; Commonwealth 
 
 v. Wood, 2 Gush. 149. The subject of grand juries is regulated 
 
 by Act of Congress. 9 St. 72; 4 St. 188; 1 Brightly s Dig. 223, 
 
 232. 
 
 254. "EXCEPT IN CASES ARISING IN THE LAND OR NAVAL What is the 
 
 FORCES, OR THE MILITIA WHEN IN ACTUAL SERVICE IN TIME OF j^loL " ? 
 
 WAR OR PUBLIC DANGER." This article, compared with the eighth 127 \ 29 260 
 
 section of the first article, "to provide and maintain a navy;" "to 
 
 make rules for the government of the land and naval forces." 
 
 "Under these provisions Congress has the power to provide for the 
 
 trial and punishment of military and naval offenses in the manner What is tho 
 
 then and now practiced by civilized nations ; and the power to do jurisdiction 
 
 so is given without any connection between it and the third article trial"" 1 
 
 of the Constitution defining the judicial power of the United States. 
 
 Indeed, the two powers are entirely independent of each other. 
 
 Dynes v. Hoover, 20 How. 78. 
 
 And if the sentence be confirmed, it becomes final, and must be 
 executed, unless the President pardon the offenders. When con 
 firmed, it is beyond the jurisdiction of any civil tribunal whatever, 
 unless it should be in a case where the court had not jurisdiction 
 over the subject-matter of the charge. Dynes v. Hoover, 20 How. 
 81; 3 Whiting, 335. 
 
 If the court-martial had no jurisdiction, or should inflict a punish- Suppose the 
 
 ment forbidden by the law, although the sentence be approved, court .- 
 
 . ., * . , . , . . martial has 
 
 civil courts may, on an action by a party aggrieved, inquire into no ^ ur jsdic- 
 
 the want of jurisdiction and give redress. (Harman v. Tuppenden, tion? 
 
 1 East, 555; Marshall s Case, 10 Cr. 76; Morrison v. Sloper, Willes, 
 30 ; Parton v. Williams, B. & A. 330.) Dynes v. Hoover, 20 
 How. 82 ; S C. 3 Whiting, 336. 
 
 255. " FOR THE SAME OFFENSE TO BE PUT TWICE IN JEOPARDY What 
 OF LIFE OR LIMB." The meaning of this phrase is, that a part} r means_ 
 shall not be tried a second time for the same offense, after he has 
 
 once been acquitted or convicted, unless the judgment has been 
 arrested or a new trial granted on motion of the party. But it 
 does not relate to a mis-trial. (United States v. Haskell, 4 Wash. 
 C. C. 402, 410.) United States v. Perez, 9 Wheat, 579. The court 
 may discharge a jury from giving a verdict, in a capital case, with 
 out the consent of the prisoner, whenever, in their opinion, there 
 is a manifest necessity for such an act, or the ends of justice would 
 be otherwise defeated. United States v. Perex, 9 Wh. 579. See 
 United States v. Haskell, 4 Wash. C. C. 402 ; United States v. Gilbert, 
 
 2 Sumn. 19 ; Story s Const. 1787. See the cases fully collected 
 and the distinctions nicely stated in 2 Graham & Waterman on 
 New Trials, ch. 2, pp. 51-135. Paschal s Annotated Digest, note 
 113. 
 
 256. " WITNESS AGAINST HIMSELF." To make a man a witness "Why not 
 against himself would be contrary to the principles of a republi- ao-ai nst Mm- 
 can government Wynehamer v. The People, 13 N. Y. 391, 392. B ein 
 
260 
 
 DUE PROCESS OF LAW, 257. [Amendments, 
 
 Is the 
 inhibition 
 confined to 
 criminal 
 
 cases ? 
 
 "What is due 
 process of 
 law? 
 
 260. 
 
 Eepeat 
 Magna 
 Charta ? 
 
 251. 
 
 "What is due 
 course of 
 law? 
 
 Define the 
 
 ri^htofa 
 
 citizen? 
 
 253. 
 
 What is 
 law ? 
 
 Does the 
 rule apply 
 to the collec 
 tion of 
 revenue ? 
 
 This must have reference to criminal proceedings, since the prac 
 tice of discovery in civil cases is universal. See 4 Bl. Com. 326 ; 3 
 Wilson s Law Lect. 154-159; Cicero pro Sulla, 28. Rutherford s 
 Inst. B. 1, cli. 18, 5. Such a practice in criminal cases is con 
 ceived in a spirit of torture. Story s Const. 1788. 
 
 257. "WITHOUT DUE PROCESS OF LAW." By the "due course 
 of law," is meant all the guaranties set forth in the sixth amend 
 ment. Jones v. Montes, 15 Tex. 353 ; James v. Reynolds, 2 Tex. 
 251. In Magna Charto it probably meant the established law of 
 the kingdom, in opposition to the Civil or Roman law. James v. 
 Reynolds, 2 Tex. 251 ; Paschal s Annotated Digest, note 155. 
 
 Nee super eum ibimus, nee super turn mittimus, nisi per legate judi- 
 cium parium suorum, vel per legem terrce. Neither will we pass 
 upon him. or condemn him, but by the lawful judgment of his peers 
 or the law of the land. Magna Charta; Story s Const. 1789. 
 See the question examined. Murray s Lessee v. Hoboken Land 
 & Improvement Company, 18 How. 272. 
 
 It conveys the same meaning as "law of the land," in Magna 
 Charta. (2 Inst. 50.) Id. 276. 
 
 " DUE PROCESS OF LAW." This means that the right of the 
 citizen to his property, as well as life or liberty, could be taken 
 away only upon an open, public, and fair trial before a judicial 
 tribunal, according to the forms prescribed by the laws of the land 
 for the investigation of such subjects. 9th Op. 200. An execu 
 tive officer cannot make an order to violate this principle. Id. 
 Property and life are put upon the same footing. Id. 
 
 The true interpretation of these constitutional phrases is, that 
 where rights are acquired by the citizen under the existing law, 
 there is no power in any branch of the government to take them 
 away ; but where they are held contrary to existing law, or are 
 forfeited by its violation, then they may be taken from him not 
 by an act of the legislature, but in the due administration of the 
 law itself, before the judicial tribunals of the State. Wynehamer 
 v. People, 13 N. Y. R. 393 ; Taylor v. Porter, 4 Hill, 145. That 
 is by indictment or presentment of good and lawful men. (2 
 Kent s Com. 13; Story s Const. 1782; 2 Coke s Inst. 45-50.) 
 Wynehamer v. People, 13 N. Y. R. 395; Jones v. Montes, 15 
 Tex. 352; Paschal s Annotated Digest, note 155; 2 Inst. 50, 51; 
 2 Kent s Com. Lect, 24, p. 10; Story s Const. 1789. 
 
 What law ? Undoubtedly a pre-existing rule of conduct, not an 
 ex post facto law, rescript, or decree made for the occasion the 
 purpose of working the wrong. (Norman v. Heist, 5 Watts & 
 Sergt. 193; Taylor v. Porter, 4 Hill, 145; Hoke v. Henderson, 4 
 Dev. 15.) Wynehamer v. People, 13 N. Y. R, 393, 394. See full 
 citations, 2 Kent s Com. llth ed. 339, 240, and notes. 
 
 This is intended to secure the citizen the right to a trial, accord 
 ing to the forms of law. Parsons v. Russel, 11 Mich. 113. But 
 it does not apply to proceedings to collect the public revenue. 
 Ames v. Port Huron, &c., Co. 1 1 Mich. 139. See that question ex 
 haustively investigated. Taylor s Lessee v. Hoboken Laud & 
 Improvement Company, 18 How. 272. 
 
 For though " due process of law " generally implies and includes 
 
Art. V.] PRIV. PROP. FOR PUB. USE, 257, 258. 261 
 
 actor, rev, index, regular allegations, opportunity to answer, and a 
 trial according to some settled course of judicial proceeding, yet 
 this is not universally true. (2 Inst. 47, 50 ; Hoke v. Henderson, 
 4 Dev. X. C. K. 15; Taylor v. Porter, 4 Hill, 146 ; Van Zandt v. 
 Waddel, 2 Yerg. 260 State Bank v. Cooper; Id. 599; Jones v. 
 Heirs of Perry, 10 Id.%9 ; Greene v. Briggs, 1 Curtis, 311.) Mur 
 ray v. Hoboken L. & I. Co., 18 How. 280. 
 
 The article is a restraint on the legislative as well as on the Does the 
 executive and judicial branches of the government, and cannot be article re- 
 so construed as to leave Congress free to make any process " due ^sla 
 process of law." Id. 276. We must examine the Constitution 
 itself, to see whether the process be in conflict with any of its pro 
 visions. Id. 277. Summary process to collect revenue was always 
 allowed. Id. Authorities exhausted. Id. 
 
 The law of New York, which authorizes a person to be commit- Exemplify a 
 ted as an inebriate to the lunatic asylum upon an ex parte affidavit, violation of 
 without being heard, violates this guaranty. In matter of Jones, 30 13 
 How. Pr. 446. 
 
 258. " PRIVATE PROPERTY FOR PUBLIC USE WITHOUT JUST What is 
 COMPENSATION. " PRIVATE PROPERTY " is the sacred right of indi- private 
 vidual dominion. It is one of the great absolute rights of every propy 
 citizen to have his property protected. And the government has 231, 233, 144, 
 no right to deprive the citizen of his property, except for the ? 2 - 
 use of the public ; nor then, without compensation. Story s Const. 
 1790. 
 
 This phrase includes all private property. United States v. 
 Harding, 1 Wall. Jr. 127 ; 2 Opin. 655. See Murray s Lessee v. 
 Hoboken Land & Improvement Company, 18 How. 276. This last 
 clause refers solely to the exercise by the State of the right of 
 eminent domain. (The People v. The Mayor of Brooklyn, 4 Comst. 
 419.) Gilman v. The City of Sheboygan, 2 Blackf. 513. This pro 
 vision is only a limitation of the power of the general government; 
 it has no application to the legislation of the several States. Bar- 
 ron v. Mayor of Baltimore, 7 Pet. 243-7 ; Bonaparte v. Camden & 
 Amboy R. R. Co., Bald. 220. It is now settled that the amend 
 ments to the Constitution do not extend to the States. Livingston s 
 Lessee v. Moore, 7 Pet. 551; Boring v. Williams, 17 Ala. 516. 
 They are exclusively restrictions upon federal power, intended to 
 prevent interference with the rights of the States, and of their 
 citizens. Fox v. Ohio, 5 How. 434; James v. Commonwealth, 12 
 S. & R. 221; Barker v. The People, 3 Cow. 686. It is a great 
 principle of the common law. which existed anterior to the Consti 
 tution and to magna charta, and which was embodied in the 29th What says 
 article of that great charter : " No freeman shall be taken, or im- Magna 
 prisoned, or disseized of his freehold, or liberties, or other wise Charta? 
 destroyed, but by lawful judgment of his peers, or by the law of 
 the land.". Young v. McKenzie, 3 Ga. 42. This is an affirmance 
 of a great doctrine established by the common law for the protec 
 tion of private property. It is founded on natural equity, and laid 
 down by jurists as a principle of universal law. (Story s Const. 
 
 1790; Bradshaw v. Rogers, 2 Johns. 106; Louisville, Cincinnati 
 Charleston Railroad Co. v. Chappell, Rice, 387 ; Doe v. The 
 
262 JUST COMPENSATION, 258, 259. [Amendm ts, 
 
 Georgia R. R. & B. Co., 1 Kelley, 524 ; 1 Bl. Com. 139, 140.) Young 
 v. McKenzie, 3 Ga. 40-44; 2 Kent s Com. Lect. 24, pp. 275, 276; 
 3 Wilson s Law Lect. 203; Ware v. Hylton, 3 Ball. 194, 235. In 
 the absence of any such declaration in the Constitution of Georgia, 
 we refer to this amendment as a plain, simple declaration of a great 
 constitutional principle, of universal application, as asserted and 
 declared in the Constitution of the United States. Young v. Mc 
 Kenzie, 3 Ga. 45. The true principle from this case would seem 
 to be, that the Constitution of the United States, and the amend 
 ments, enter into and form parts of the State Constitutions para 
 mount pro tanto. ED. Some of these amendments were declara 
 tory; some restrictive of the powers of the federal government. 
 The latter clause of this article is only declaratory. Young 
 v. McKenzie, 3 Ga. 44. 
 
 A " public use " means a use concerning the whole community, 
 as distinguished from particular individuals, though each and every 
 member of" society need not be equally interested in such use. 
 Gilmer v. Line Point, 18 Cal. 229. Arid see Honeyman v. Blake, 
 19 Cal. 579. See People v. Kerr, 3 Barb. N. Y. 357. The right 
 of the owners of town lots to the adjoining street, is as much 
 property as the lot itself. Lackland v. North Missouri R. R. Co. 
 31 Mo/180. 
 
 What b. inst 259. "Just COMPENSATION." Although we may hold that 
 comp*nsu- "compensation" is not altogether synonymous with "payment," 
 yet the means of payment must not be doubtful. The making of 
 compensation must be as absolutely certain as that the property is 
 taken. (Carr v. Ga. R. R. & B. Co., 1 Kelley, 524; Young v. 
 Harrison, 6 Ga. 130 ; Bloodgood v. M & II. R. R. Co., 18 Wend. 
 9 ; 2 Kent s Com. 339.) B. B., Brazos & Colorado Railroad Co. v. 
 Ferris, 26 Tex. 60 2. (See 2 Kent s Com. 3d ed. notes f, and 7 ; 
 Miller v. Craig, 3 Stockt. N. J. 106.) 
 
 In what The payment must be in money, the constitutional currency. Id. 
 
 must be rp^e advantages to the land not taken cannot be estimated against 
 
 JJJSy* the intrinsic value of the land actually taken. (Jacob v. The City 
 
 of Louisville, 9 Dana, 114; The People v. The Mayor of Brooklyn, 
 
 6 Barb. 309 ; Rogers v. R. R. Co. 3 Maine, 310 ; State v. Miller, 3 
 
 Zab. 383; Hatch v. R. R. 25 Vt. 49; Moale v. Baltimore, 5 Md. 
 
 314.) B. B., Brazos &Colo. R. R. Co. v. Ferris, 26 Tex. 603, 604; 
 
 Paschal s Annotated Dig. note 168. 
 
 What pro- Under an act which authorizes a work, but does not provide for 
 
 rision for compensation for private property, which it will be necessary to 
 
 nSs"be take suctl property cannot be taken without the owner s consent. 
 
 made? Carson v. Coleman, 3 Stockt. N. J. 106. The consequential injury 
 
 occasioned by the grading of a street, is not a taking of private 
 
 property for public use within the meaning of the prohibition of the 
 
 Constitution. Macy v. Indianapolis, 17 Ind. 267. 
 
 The question is not judicial, but one of political sovereignty, to 
 be exerted as the legislature directs. Ford v. Chicago, &c., R. R. 
 For what Co. 14 Wis. 609. 
 
 purpose can- A railroad company cannot condemn a site for erecting a manu- 
 mufcou- factory of railroad cars. Eldridge v. Smith, 34 Vermont (5 Shaw), 
 demn? 484. Nor dwelling-houses for employees. Id. Otherwise as to 
 
Arts. V,, VI.] JUST COMPENSATION, 259. 263 
 
 wood and lumber used on the road. Id. There must be a con 
 demnation, or an agreement consummated. Id. ; Whitman v. 
 Boston, &c., 3 Allen (Mass.), 133. The condemnation may be within 
 the liberal construction of the charter. Fall River, &c., Co. v. Old 
 Colony, &c., R. R. Co. 5 Allen (Mass.), 221. And see Wadhams v. 
 Lackawana, &c., R. R. Co., 42 Penn. State R. 303 ; Vicksburg, <fec., 
 R. R. Co., 15 La. Ann. 507. 
 
 The actual occupant of vacant public lands is entitl-ed to damages, To wnat 
 even where the land is taken under an net of Congress. California, title rt<>esit 
 &c., R. R. Co. v. Gould, 21 Cal. 254. A statute fixir.g the minimum ex 
 of fees for defending criminals is not taking private property for 
 public use. Samuels v. Dubuque, 13 Iowa (5 With.), 536. 
 
 The law of New York, which forbade the sale of spirituous state the 
 liquors, "deprived" the owners of their property; and violated this principle 
 guaranty. Wynehamer v. The People, 13 N. Y. R. 395, 396, 397. jj : laws , 
 When a law annihilates the value of property, and strips it of its 
 attributes, by which, alone, it is distinguished as property, the 
 owner is deprived of it according to the plainest interpretation, and 
 certainly within the spirit of the constitutional provision intended 
 expressly to shield private rights from the exercise of power. 
 W} r nehamer v. People, 13 N. Y. R. 398. These views do not in 
 terfere with the license laws, which have been held to be constitu 
 tional ; nor with the laws which merely affect the value of property, 
 or render its destruction necessary as a means of safety. (Story s 
 Const. 1790; Radcliff s Kxecutors v. The Mayor of Brooklyn, 
 4 Comst. 195; 2 Kent, 330; Russel v. The Mayor, Ac., of New 
 York, 2 Penio, 461.) Wynehamer v. The People, 13 N. Y. R. 402; 
 Mitchell v. Harmony, 13 How. 115; The License Cases, 5 Howard, 
 504 ; Lorocco v. Geary, 3 Cal. 69 ; Am. Print Works v. Lawrence, 
 
 1 Zabr. 248. 
 
 A law prohibiting the indiscriminate traffic in intoxicating what con- 
 liquors, and placing the trade under public regulation to prevent trol 1ms the 
 abuse in their sale and use, violates no constitutional restraints. 1,^^" 
 It deprives no one of his liberty or property. Metropolitan Board liquor 
 of Excise v. Barrie, 34 N. Y. R. 667. trade? 
 
 No one legislature can curtail the power of its successors to Can a 
 make such laws as they may deem proper in matters of police, legislature 
 (Alger v. Weston, 14 Johns. 231 ; People v. Morris, 13 Wend. 320/ 
 State v. Holmes, 38 New Hamp. 225 : Calder v. Kirby, 5 Gray, 
 59"; Hun v. The State, I Ohio, 15; Wynehamer v The People, 
 3 Kern. (13 N. Y. R.) 378; License Cases, 5 How. 504; Butler v. 
 Pennsylvania, 10 How. 416; Coates v. The Mayor, 7 Cow. 587; 
 
 2 Parsons on Cont. 538; 3 Id. 5th ed. 556.) Metropolitan Board v. 
 Barrie, 34 N. Y. R. 668. Some of the dicta in Wynehamer v. The 
 People have misled. Id. 
 
 AETICLE VI. 
 
 In all criminal prosecutions, the accused shall enjoy 
 the right to a speedy and public trial, by an impartial 
 jury of the State and district wherein the crime shall 
 have been committed, which district shall have been ie, 35, 46. 
 
264 CRIMINAL PEOSECUTIONS, 260. [Amendments, 
 
 previously ascertained by law, and to be informed of 
 the nature and cause of the accusation ; to be confront 
 ed with the witnesses against him ; to have compulsory 
 process for obtaining witnesses in his favor; and to 
 have the assistance of counsel for his defense. 
 
 253,263. 26O. "THE ACCUSED," here means the "person" presented 
 
 12, 212, 245. or indicted. The " him " does not limit the accused to sex. Be 
 cause the amendments did not apply to the States, the slaves and 
 free persons of color were often deprived of a trial by jury. 
 263. This is only to be intended of those crimes which, by our former 
 
 laws and customs, had been tried by jury. United States v. Duane, 
 (Penn.) Wall. 106. The conspirators who assassinated the Presi 
 dent of the United States, while the country was in a state of 
 war, and while the city of Washington was under martial law, 
 were triable by military commission under the act of Congress, and 
 not entitled to a trial by jury. The Trial of the Conspirators. Any 
 person charged with a crime in the courts of the United States, 
 has a right, before as well as after indictment, to the process of the 
 court to compel the attendance of his witnesses. 1 Burr s Trial, 
 179-80. 
 
 212, 251-259. This section compared with Art. III., Sec. II., clause 3, and the 
 third, fourth, and fifth amendments. Ex parte Milligan, 4 Wallace, 
 119, 120, 139. The history of these guaranties. Id. 
 
 What is the The Constitution of the United States is a law for rulers and 
 Constitution people, equally in war and in peace, and covers with the shield of 
 ted states ? * ts P rotect on a ^ classes of men, at all times and under all circum- 
 2, 8, 117. stances. Ex, parte Milligan, 4 Wallace, 120, 121. But see the war 
 What is the P ower discussed. Id. 138, 139. A military commission could exer- 
 power of a cise no judicial power over a citizen of Indiana during the rebellion, 
 military id. The laws and usages of war could not be applied to citizens 
 Bioo ? 13 " * n States which have upheld the authority of the government, and 
 To horn is wnere the courts are open and their process unobstructed. Ex 
 jury trial parte Milligan, Id. 121. This right of trial by jury is preserved to 
 secured? every one accused of crime, who is not attached to the army or 
 253 254 nav y> or militia in actual service. Id. See dissentient opinion, 
 p. 139. The fifth amendment recognizes the necessity of an indict 
 ment or presentment, before any one can be held to answer for 
 high crimes, with the exception therein stated ; by which it was 
 meant to limit the right of trial by jury, in this sixth amendment, 
 to those persons who were subject to indictment or presentment 
 What are in the fifth. Ex, parte Milligan, 4 Wallace, 123. Those connected 
 the oxcop- with military or naval service are amenable to the jurisdiction which 
 ll US 254. Congress has created for their government, and, while thus serv 
 ing, they surrender their right to be tried by the civil courts. Id. 
 How are All other persons, citizens of States where the courts are open, if 
 the citizens charged with crime, are guarantied trial by jury. Id. Civil liberty 
 What of anc ^ mart i a l l aw ( at the will of the commander) cannot endure to- 
 martial gether; the antagonism is irreconcilable. Id. Neither Congress 
 law ? nor the President can disturb one of these guaranties of liberty, 
 
 140, 141. except the one concerning the writ of habeas corpiis. Id. But 
 
Art. VI.] CRIMINAL PROSECUTIONS, 260, 261. 265 
 
 the suspension of the writ and of investigation does not give the What is 
 power of trial otherwise than by the course of the common law. the cfic ^ " f 
 Id. 125, 126. Martial law cannot arise from threatened invasion. theK<!f 
 The necessity must be actual and present ; the invasion real, such corpus f 
 as effectually closes the courts and deposes the civil administration, ^\ 
 Id. 127. Then it may exist, until the restoration of civil authority, f^g*^^ 
 but no longer. Id. Why martial law cannot be tolerated. (Me- law? 
 Connell v. Hampden, 12 Johns. 257 ; Smith v. Shaw. Id. 234.) Ex 
 parts Milligan, 4 Wallace, 129. The case of Luther v. Borden, 7 233. 
 Howard, 1, explained. Id. It was not a case arising under the 
 federal Constitution. Id. 129, 130. As the applicant was a citizen Can a 
 of the United States residing in Indiana, he could not be treated jj^ 1 ^ 
 as a prisoner of war. Id. 131, 134. Chief-Justice Chase and p^sone^of* 
 Justices Wayne, Swayne, and Miller concurred in the judgment of, war ? 
 but disagreed as to the powers of Congress over the subjects of 
 MILITARY LAW, which they divided into the articles of war for the What is the 
 government of the national forces, military government supersed- military 
 ing, as far as may be deemed expedient, the local law, and exer- ^ w &n 
 cised by the military commander under the direction of the Presi- divided? 
 dent ; and MARTIAL LAW PROPER, which is called into action by 
 Congress, or temporarily, when the action of Congress cannot be 
 invoked, and in the case of justifying or excusing peril, by the 118, 119. 
 President, in tunes of insurrection or invasion, or of civil or foreign 
 war, within districts or localities where ordinary law no longer 
 adequately secures public safety and private rights. 
 
 This was intended as a constitutional safeguard in the trial of What wa 
 those cases for which it was stipulated that the courts shall remain ^ e n ^, en ~. 
 open, and wherein a party shall have his remedy by due course of g^-anty j* 
 law. (Beekman v. Saratoga & Schenectady Railroad Company, 3 " 257. 
 Paige, 45 ; Bonaparte v. C. & A. Railway, Bald. C. C. R. 205 ; Blood- 
 good v. M. & H. Railway, 14 Wend. 51 ; S. C. 18 Wend. 9 ; Stevens 
 v. Middlesex Canal, 12 Mass. 466 ; Wheelock v. Young, 4 Wend. 
 650; Stowel v. Flagg, 11 Mass. 364; Mason v. Kennebec & Port 
 land Railroad Company, 31 Maine, 215; Aldrich v. The Cheshire 
 Railroad Company, 1 Foster, N. H. 350.) B. B., Brazos & C. R. R. 
 Co. v. Ferris. 26 Tex. 599; Paschal s Annotated Dig. note 166. 
 
 These decisions are generally made upon similar provisions in the 276, 277. 
 State Constitutions. This provision of the Constitution of the Uni 
 ted States applies only to the general government, and not to the 
 States. Withers v. Buckley, 20 How. 84. 
 
 "THE ACCUSATION" means a copy of the presentment or indict- 253. 
 ment. All of these rights have been regulated by acts of Con 
 gress. 1 St. 88 ; 1 Brightly s Dig. 221-224, and exhaustive notes 
 thereon. 
 
 261. "COMPULSORY PROCESS," means forcible process, such aswhatistho 
 attachment. The principle grew out of the oppressive one which meaning of 
 denied witnesses to the accused. See 4 Black. Com. 359, 360; g ry"!JJIj!" 
 Rawle s Const, ch. 10, pp. 128, 129; 3 Wilson s Law Lect. 170, 171 ; cea" 
 Hawk. P. C. ch. 46, 160; 2 Hale P. C. 283. Upon affidavit of 
 inability, the accused can have his witnesses at the expense of the 
 United States. 9 St. 72, 11; 1 Brightly s Dig. 223, 116. 
 12 
 
266 
 
 COMMON LAW, 262, 263. [Amendments, 
 
 Tiialsin 
 civil cases? 
 
 262. " ASSISTANCE OF COUNSEL." When this was adopted the 
 accused were not allowed the assistance of counsel in England. 
 That defect has been cured by an act in 1836. 4 Black. Com. 355, 
 356, note 9; Story s Const. 1793-1795. 
 
 For the power of the court to assign counsel in cases of treason, 
 see act of 30th April. 1790. 1 St. 117, 29; 1 Brightly s Dig. 221, 
 104. 
 
 ARTICLE VII. 
 
 In suits at common law, where the value in contro 
 versy shall exceed twenty dollars, the right of trial by 
 jury shall be preserved ; and no fact tried by a jury, 
 shall be otherwise re-examined in any court of the 
 United States than according to the rules of the com 
 mon law. 
 
 What are 
 Knits at 
 common 
 law ? 
 
 law? 
 
 263. This includes not merely the modes of proceeding known 
 to the common law, but all suits not of equity or admiralty juris 
 diction, in which legal rights are settled and determined. Parsons 
 v. Bedford, 3 Pet. 433 ; United States v. La Vengeance, 3 Ball. 
 297 ; Webster v. Reid, 11 How. 437 ; Bains v. The Schooner James 
 & Catherine, Bald. 544; Smith s Const. 552, 554; 2 Graham & 
 Waterman, 30. It does not apply to an examination as to the 
 claim for services under the fugitive slave law. Miller v. McQuerry, 
 5 McLean, 469 ; In the matter of Martin, 2 Paine, 348. Nor to a 
 motion for summary relief. Banning v. Taylor, 12 Harr. 289. 
 What is the The phrase "COMMON LAW," as used in this section, is used in 
 common contradistinction to equity, and admiralty, and maritime jurispru 
 dence. Parsons v. Bedford, 3 Pet. 446; Story s Const. 1769; 
 Smith s Const. 552. It is reconcilable with the 3d article, and the 
 several acts of Congress about jury trials. Id. 446. Neither this 
 article, nor the act of 1824, gives to the Supreme Court the right to 
 revise the verdict of the jury upon the facts. Id. 446, 447. The 
 common law, or lex non scripta, means those immemorial customs of 
 England, whereof the memory of man runneth not to the contrary. 
 1 Bl. Corn. 62. 
 
 The right to trial by jury is for the benefit of the parties litigating, 
 and may be waived by them. United States v. Itathbone, 2 Paine, 
 578. But the circuit courts have no power to order a peremptory 
 nonsuit against the will of the plaintiff. Elmore v. Grymes, 1 Pet. 
 469 ; D \Volf v. Rabaud, Id. 476; Crane v. Lessee of Morris, 6 Id. 
 598; Thompson v. Campbell, Hemp. 8. The common law here 
 alluded to, is not the common law of any individual State, but the 
 common law of England ; according to which, facts once tried by a 
 jury are never re-examined, unless a new trial be granted, in the 
 discretion of the court before which the suit is depending, for good 
 cause shown; or unless the judgment of such court be reversed by 
 a superior tribunal on a writ of error, and a venire facias de novo 
 awarded. United States v. Wouson, 1 Gall. 20. The government 
 is as much bound by this provision as any other party who may 
 desire to collect a debt. 9 Op. 200. 
 
 For whose 
 benefit is 
 the trial by 
 jury? 
 
Arts. VII, VIII.] EXCESSIVE BAIL, 264-267. 267 
 
 It has been well settled, thnt the amendments to the Constitution 2T7 -279. 
 of the United States were never intended to control the proceedings 
 of the State courts. (Wood v. Wood, 2 Cowen, 819, note; Murphy 
 v. The People, 2 Cowen, 815; Livingston v. Mayor of New York, 
 8 Wend. 85, 100; Warren v. Mayor of Baltimore, 7 Peters, 250; 
 Livingston v. Moore, 7 Peters, 551; Colt v. Evers, 12 Conn. 243; 
 In the matter of Smith, 10 Wend. Rep. 449; Lea v. Tillotson, 24 
 Wend. 337.) 2 Graham & Waterman s New Trials, p. 31, note, 
 
 264. AXD NO FACT TRIED BY JURY SHALL BE RE-EXAMINED, 
 &c. See a discussion on the original Constitution (prior to this 
 amendment), which gave appellate jurisdiction " both as to law and 
 fnct^ Story s Const. 1763-1770. and notes to third edition: 
 Federalist, No,;. 81, 83. And see 1 Elliot s Debates, 121, 122 ; 2 Id. 
 346, 380-410; Id. 413-427; 3 Elliot s Debates, 139-157; 2 
 American Museum, 425, 534, 540, 548, 553; 3 Id. 318, 347, 419, 
 420. 
 
 The amendment struck down the objection ; and has secured the 211. 
 trial by jury in civil cases in the fullest latitude of the common law. 
 (1 Tucker s BL Com. A pp. 351; Rawle s Const, ch. 10, p. 135; 
 Bank of Hamilton v. Dudley, 2 Pet. 492, 525.) Story s Const. 
 1568. 
 
 This is a prohibition to the courts of the United States to re-ex 
 amine any facts tried by a jury, in any other manner. (Parsons v. 
 Bedford, 3 Pet. 447.) Story s Const. 1770. It is denied that 
 the judiciary act of 1789, ch. 20, 17, 22, 24; or the act of 1824, 
 has given the right to the Supreme Court to grant a new trial, on 
 the mere facts. It was intimated that if Congress had attempted 
 to confer such power, the act would be unconstitutional. Id. 
 
 265. RE-EXAMIN T ED AFTER VERDICT. Sec. 5 of the act of 3d 264. 
 March, 1863 (13 St. 756), so far as it authorizes the removal of 
 certain causes after verdict, and a trial and determination of the 
 
 facts and the law, is in violation of this amendment. (14 Mass. 
 412.) Patrie v. Murray, 29 How. Pr. R. 312; S. C. 43 Barb. 323; 
 Benjamin v. Murray, 28 How. N. Y. R. 193. And see The People 
 v. Murray, 5 Park. Cr. 577. 
 
 And see Spencer v. Lapsley, 20 How. 267 ; Martin Insurance 
 Co. v. Hodgson, 6 Cr. 206; Sims v. Hundley, 6 How. 1. 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, nor excessive What is tho 
 fines imposed, nor cruel and unusual punishments in- bail, fines, 
 
 /,. , arid punish- 
 
 fllCted. meats? 
 
 266. "EXCESSIVE BAIL." BAIL is a delivery from custody on What ia 
 security. Bun-ill s Law Die., BAIL. The meaning is, that the sum bail? 
 required shall not be too large. Bail should not be fixed in crim 
 inal cases at a sum so large as purposely to prevent the prisoner 
 
 from giving bail. United States v. Lawrence, 4 Cr. 518. 
 
 267. " NOR EXCESSIVE FINES, IMPOSED." The offense charged 
 was the keeping and maintaining, without license, a tenement for 
 
268 RESERVED RIGHTS, 267, 268. [Amendments, 
 
 Give an the illegal sale and illegal keeping of intoxicating liquors. It ap- 
 p ea rs from the record that the fine and punishment in the case be- 
 f re us was r ^7 dollars, and imprisonment at hard labor in the 
 house of correction for three months. We perceive nothing 1 ex 
 cessive, or cruel, or unusual in this. The object of the law was to 
 protect the community against the manifold evils of intemperance. 
 The mode adopted, of prohibiting under penalties the sale Jind 
 233. keeping for sale of intoxicating liquors, without license, is the 
 usual mode adopted in many, perhaps all, of the States. It is 
 wholly within the discretion of State legislatures. Pervear v. The 
 Commonwealth, 5 Wall. 480. The amendment is an exact tran 
 script of a clause in the English Bill of Rights of 1688. It was 
 intended to warn our government against such violent proceedings. 
 See 5 Oobbett s Parl. Hist. 110; 2 Elliot s Debates, 345 ; 3 Id. 
 345; 2 Lloyd s Debates, 225, 226; Rawle s Const, ch. 10, pp. 130, 
 131; Story s Const. 1903, 1904. 
 
 This amendment docs not apply to the States, but only restricts 
 the national government. (Barker v. The People, 3 Cow. 686 
 James v. Commonwealth, 12 Sergt. and Rawle, 220 ; Barren v. 
 The Mayor of Baltimore, 7 Pet. 243.) Story s Const. 1904; Per 
 vear v. The Commonwealth, 5 Wall. 480. 
 
 14 CRUEL AND UNUSUAL PUNISHMENTS." The disfranchisement of 
 a citizen is not an unusual punishment. Barber v. The People, 20 
 Johns. 459. The punishments of whipping and standing in the 
 pillory are abolished by act 28th February, 1839, 5, Stat. 322. 
 See James v. Commonwealth, 12 S. & R. 220. 
 
 ARTICLE IX. 
 
 What of the The enumeration in the Constitution of certain 
 rights? rights, shall not be construed to deny or disparage 
 others retained by the people. 
 
 What is 268. "ENUMERATION." [Lat. Enumero.] The counting or 
 
 enuinera- telling by numbers. Webster s Die., ENUMERATION. 
 
 7M38. " F CERTA RIGHTS." This has reference to the several 
 
 general and special POWERS granted, surrendered, or delegated to 
 
 the different departments of the government. It was intended to 
 
 For what prevent any perverse or ingenious misapplication of the maxims, 
 
 Wa8 t d t ^ ia * an an ^ riuat ^ on * n particular cases implied a negation in all 
 
 iSeuded 6 ? 11 otners 5 and > e converse, that a negation in particular cases implies 
 
 an affirmation in all others. (Federalist, Nos. 83, 84; No. 83 is 
 
 reprinted in Story s Const. 1768, 3d ed. pp. 574-582). Story s 
 
 Const. 1 905. See also Id. 448. 
 
 Define "DENY." [Lat. denego.] To contradict; gainsay; disown; ro- 
 
 "deny"? j ect Webster s Die , DENY. 
 
 Define "dis- "DISPARAGE" [Norman, desperegar]. This word is strangely 
 parage"? used here. It literally means to dishonor by an unequal match or 
 marriage; to match unequally; to dishonor or injure by comparison 
 with something of less value or excellence ; to undervalue. Web 
 ster s Die., DISPARAGE. 
 
Arts. IX.-XL] DELEGATED POWERS, 269. 
 
 " EETAINED BY THE PEOPLE." " PEOPLE " here must be used in 6, 209, 251, 
 the sense of " WE THE PEOPLE " in the preamble, and in the 25t) 
 tenth amendment. To illustrate the right of appeal " upon the law 
 and facts," was given to the Supreme Court. It had been objected, 260-262, 
 that this denied or disparaged the right of trial by jury, as under- 276-277. 
 stood at common law. Hence the sixth amendment. Federalist, 
 No. 83. And hence the declaration of the same general principle 
 in this amendment. 
 
 ARTICLE X. 
 
 The powers not delegated to the United States HOW are 
 by the Constitution, nor prohibited by it to thenot p w 
 States, are reserved to the States respectively or 
 the people. 
 
 269. " THE POWERS " of course mean all those which had been what are 
 committed to the different departments of the government. the 
 
 " DELEGATED." [Lat. Delego]. To intrust ; to commit ; to deliver powf?s ? 
 to another s care and exercise. Webster s Die., DELEGATE. 71-138, 162, 
 
 The secessionists laid great stress upon the word "delegate," and every 
 and attached to it the meaning that the States had, in fact, surren- note g 
 dered none of their sovereignty; but only created a common 
 agency with certain powers, in trust, which each State, for itself, 
 had the right to resume at pleasure. The " nor prohibited to the 
 States," could have little force with those holding such doctrines. 
 It has been so fashionable to interpolate, " expressly," that many 
 believe the participle "delegated" is so qualified. But such a 
 qualification was moved in Congress and rejected. 2" Lloyd s De 
 bates, 234, 243, 244 ; McCulloch v. Maryland, 4 Wheat. 404 ; Mar 
 tin v. Hunter, 1 Wheat. 325 ; Houston v. Moore, 5 Wheat. 49 ; 
 Anderson v. Dunn, 6 Wheat. 225, 226; 2 Article of Confederation, 
 ante, p. 9. See Ableman v. Booth, 21 How. 596. 
 
 All powers not delegated (not all not expressly delegated) and 
 not prohibited are reserved. (McCulloch v. Maryland, 4 Wheat. 
 406, 407.) Story s Const. 1908. 
 
 See United States v. Bailey, 1 McLean, 234. The same reserva- 133, 155. 
 tion, in substance, was contained in the second article of the Arti 
 cles of Confederation, except that the word "expressly" was there 
 placed before the word " delegated." Metropolitan Bank v. Van 
 Dyck, 27 N. Y. Rep. 416; McCulloch v. Maryland, 4 Wh. 327. 
 See ante, p. 9. This amendment compared with the 9th section 
 of the 1st article. They contain no inhibition upon Congress to 
 legislate upon legal tenders. Metropolitan Bank v. Van Dyck, 27 
 N. Y. Rep. 418. 
 
 ARTICLE XI. 
 The judicial power of the United States shall not what is the 
 
 , -,. ... ., . , ., limitation 
 
 be construed to extend to any suit in law or equity of judicial 
 commenced or prosecuted against one of the United pow 
 
270 
 
 JUDICIAL POWER, 270-272. [Amendments, 
 
 205a, 210, 
 2T1 - 
 
 What is 
 now tho 
 
 States, by citizens of another State, or by citizens or 
 subjects of any foreign State. 
 
 What caused 27O. "THE JUDICIAL POWER," and "ANT SUITS IN LAW OR 
 men??" EQUITY," are to be taken as an amendment of the first section of 
 195, 199, 200, the third article, so as to take away the jurisdiction of suits against 
 States by individuals. The amendment was caused by the decision 
 in Chisholm v. Georgia, 2 Dallas, 419, 475; S. C. 2 Cond. 635; 1 
 Kent s Com. Lect. 14, p. 278; Cohens v. Virginia,. 6 Wheat. 381, 
 406. 
 
 This decision held that the original Constitution embraced suits 
 ly as well as against States. Story s Const. 1G83. See Federalist, 
 Nos. 80, 81; 2 Elliot s Debates, 300, 301, 401, 405; Curtis Com. 
 61. The suits against the States were principally for money se- 
 questrated or confiscated in the hands of the debtors of the British 
 loyalists. The amendment was held to extend to all pending suits, 
 and they were dismissed. Hollingsworth v. Virginia, 3 Dall. 378 ; 
 Cohens v. Virginia, 6 Wheat. 294 ; Georgia v. Brailsford, 2 Dall. 
 402; S. C. 3 Dall. 1. 
 
 So that now no suit lies by citizen or alien against a State, in the 
 courts of the United States. 
 
 In what 271. "AGAINST ON*E OF THE UNITED STATES." Where tho 
 
 State is sued, and made a party on the record in its political capaci- 
 ty, this amendment applies; and the State may be considered as 
 a party on the record when its chief magistrate is sued, not by his 
 name, but by his style of office, and the claim made upon him 
 is entirely in his official character. (The Governor of Georgia v. 
 Madrazo, 1 Pet. 110, 123, 124.) Curtis Com. 67-70. 
 
 This amendment was construed to include suits then pending, as 
 we ^ as sints ^ ^ e coramen ced thereafter ; and accordingly, all the 
 suits then pending were dismissed without any further adjudica 
 tion. (Hollingsworth v. Virginia, 3 Dall. 378.) Story s Const. 
 1683. For a history of the amendment, see Cohens v. Virginia, 
 6 Wheat. 406. 
 
 The amendment only applies to original suits ; not to appeals or 
 writs of error for revision. (Cohens v. Virginia, 6 Wheat. 264.) 
 Story s Const. 1864. 
 
 272. " BY CITIZENS OR SUBJECTS OF ANY FOREIGN STATE." 
 The power of these to sue the State was simply taken away by 
 the amendment. 
 
 Docs the It does not extend to suits of admiralty or maritime jurisdiction. 
 
 suit apply to Olmstead s Case, Brightly, 9. See Ex parte Madrazo, 1 Pet. 127. 
 ^ tue State be not necessarily a defendant, though its interest 
 may be affected by the decision, the courts of the United States 
 are bound to exercise jurisdiction. Louisville R. R. Co. v. Letson, 
 2 How. 550; United States v. Peters, 5 Cr. 115. For the history 
 of this amendment, see Chisholm v. Georgia, 2 Dall. 471, 475. A 
 State, by becoming interested with others in a banking or trading 
 corporation, or by owning all tho capital stock, does not impart to 
 that corporation any of its privileges or prerogatives ; it lays down 
 its sovereignty, so far as respects the transactions of the corpora- 
 
 butesue? 
 
 What suits 
 
 casc 
 
 205a 
 
Arts. XI.-XIIL] SLAVERY ABOLISHED, 273, 274. 271 
 
 tion, and exercises no power or privilege in respect to those transac 
 tions not derived from the charter. Bank of the United States v. 
 Planter s Bank of Georgia, 9 Wh. 904 ; Bank pf Kentucky v. Wis- 
 ton, 3 Pet. 43 1 ; Briscoe v. Bank of Kentucky, 1 1 Id. 324 ; Louisville 
 R. R. Co. v. Letson, 2 How. 4 1 J7 ; Darrington v. Bank of Alabama, 
 13 How. 12 ; Curran v. Arkansas, 15 Id. 309. And see Cohens v. 
 Virginia, 6 Wh. 264. Where a State sues in its own courts, and 
 obtains a judgment against a citizen, the defendant may prosecute 
 a writ of error in the Supreme Court, and test the constitutionality 
 of a State law. Craig v. Missouri, 4 Pet. 410; and the Arkansas, 
 Kentucky, and Alabama cases above cited. 
 
 The State is not a party unless it appears on the record as such, 205, 271. 
 either as plaintiff or defendant. It is not sufficient that it may have 
 an interest in the cause, or that the parties before the court are 
 sued for acts done as agents of the State. (Fowler v. Lindsay, 3 
 Ball. 411; State of New York v. Connecticut, 3 DalL 1-6; United 
 States v. Peters, 5 Cr. 115-139; 1 Kent s Com. Lect. 15, p. 302; 
 Osborn v. Bank of United States, 9 Wheat. 846.) Story s Const 
 1865, notes 1, 2. 
 
 ARTICLE XII. 
 
 273. See Art. II., Sec. 3, pp. 164-166, notes 168, 168o> 168&, for 
 this amendment. It was considered proper by the editor to trans 
 fer it to its appropriate place. It does not disturb the arrangement 
 in the original Constitution, nor in the analysis and index. See 
 arafe, p. 46. 
 
 ARTICLE XIIL 
 
 1 . Neither slavery nor involuntary servitude, except HOW was 
 as a punishment for crime, whereof the party shall aboKjd? 
 have been duly convicted, shall exist within the 
 United States, or any place subject to their juris 
 diction. 
 
 2. Congress shall have power to enforce this article The power? 
 by appropriate legislation. 
 
 274. The following is the proclamation which declared the 1 3th When did 
 amendment in force : this article 
 
 WILLIAM H. SEWARD, Secretary of State of the United States, takee! 
 to all to whom these presents may come, greeting : 
 
 Know ye, that whereas the Congress of the United States, on 
 the 1st of February last, passed a resolution which is in the words 
 following, namely: 
 
 " A Resolution submitting to the Legislatures of the several States a 
 proposition to amend the Constitution of the United States. 
 
 " Resolved by the Senate and House of Representatives of the United 
 States of America, in Congress assembled (two-thirds of both houses 
 
272 SLAVEEY ABOLISHED, 274. [Amendment s, 
 
 concurring), That the following article be proposed to the legis 
 latures of the several States as au amendment to the Constitution 
 of the United States, which, when ratified by three-fourths of 
 said legislatures, shall be valid, to all intents and purposes, as a 
 part of the said Constitution, namely:" [Here follows the amend 
 ment.] 
 
 And whereas it appears from official documents on file in 
 this department that the amendment to the Constitution of the 
 United States proposed, as aforesaid, has been ratified by the legis 
 latures of the States of Illinois, Rhode Island, Michigan, Maryland, 
 New York, West Virginia, Maine, Kansas, Massachusetts, Penn 
 sylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, 
 Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecti 
 cut, New Hampshire, South Carolina, Alabama, North Carolina, 
 and Georgia ; in all twenty-seven States : 
 
 And whereas the whole number of States in the United States 
 is thirty-six; and whereas the before specially -atmed States, 
 whose legislatures have ratified the said proposed amendment, 
 constitute three-fourths of the whole number of States in the 
 United States : 
 
 Now, therefore, be it known that I, WILLIAM H. SEWARD, Secre 
 tary of State of the United States, by virtue and in pursuance of 
 the second section of the act of Congress, approved the twentieth 
 of April, eighteen hundred and eighteen, entitled " An act to pro 
 vide for the publication of the laws of the United States and for 
 other purposes," do hereby certify that the amendment aforesaid 
 has become valid, to all intents and purposes, as a part of the 
 Constitution of the United States. 
 
 In testimony whereof, I have hereunto set my hand, and caused 
 the seal of the Department of State to be affixed. 
 
 Done at the city of Washington, this eighteenth day of Decem 
 ber, in the year of our Lord one thousand eight hundred and sixty- 
 five, and of the independence of the United States of America, the 
 ninetieth. 
 
 [L. s.] WILLIAM H. SEWARD, 
 
 Secretary of State. 
 
 17, 275. This proclamation is given to show the views of the executive, 
 
 that the seceded States had a right to vote upon the amendment, 
 and did in fact, make up the number necessary to put it into op 
 eration. The President had previously given notice, that no State 
 would be regarded as restored until it adopted this amendment. 
 Se ward s dispatch to the governor of Florida. 
 
 List of States which have ratified the amendment to the Consti 
 tution prohibit ng slavery, &c., and given official notice thereof, 
 with the respective dates of ratification : 
 
 In 1865. Illinois, Feb. 1; Rhode Island, Feb. 2; Michigan, 
 Feb. 2; Maryland, Feb. 1, 3,; New York, Feb. 2, 3,; West Virginia, 
 Feb. 3 ; Maine, Feb. 7 ; Kansas, Feb. 7 ; Massachusetts, Feb. 8 , 
 Pennsylvania, Feb. 8; Virginia, Feb. 9; Ohio, Feb. 10; Missouri, 
 Feb. 10; Nevada, Feb. 16; Indiana, Feb. 16; Louisiana, Feb. 17; 
 Minnesota, Feb. 8, 23 ; Wisconsin, March 1 ; Vermont, March 9 -, 
 Tennessee, April 5, 7; Arkansas, April 20; Connecticut, May 5; 
 
Art. XIII.] CITIZENSHIP, 274. 273 
 
 New Hampshire, July 1 ; South Carolina, Nov. 13 ; Alabama, Dec. 
 2 ; North Carolina, Dec. 4 ; Georgia, Dec. 9 ; Oregon, Dec. 1 1 ; 
 California, Dec 20; Florida, Dec. 28 In 1866. New Jersey, Jan. 
 23; Iowa, Jan. 24. 
 
 It will thus be seen that the States which have not ratified the 
 amendment are Delaware, Kentucky, Mississippi, and Texas. 
 Delaware alone, of these, gave notice through the governor, of the 
 rejection. Governor Parker of New Jersey, gave notice of rejec 
 tion on the first of December, 1865; but the same State afterward 
 ratified it. 
 
 Because of this amendment Congress had the right to pass the 
 Civil Bights Bill to secure the citizenship of the negro. Smith v. 
 Moody, 26 Ind. 307. 
 
 In the matter of Elizabeth Turner, on Habeas Corpus, by Chief- 
 Justice Chase (Maryland, 1867). And because of the Civil Eights 
 Bill, the United States Circuit Court had jurisdiction of a Habeas 6, 18, 220. 
 Corpus case, to relieve a child of color from an apprenticeship, under 
 the laws of Maryland, which were in conflict with that law. Id. 
 
 The apprenticeship, among other things, allowed the assignment 
 of the apprentice s services by the master, with the sanction of the 
 orphan s court. The Chief-Justice said : " The following proposi 
 tions seem to me to be sound law, and they decide the case : First. 
 The first clause of the thirteenth amendment to the Constitution 
 of the United States interdicts slavery and involuntary servitude, 
 except as a punishment for crime, and establishes freedom as the 
 constitutional right of all persons in the United States. Second. 
 The alleged apprenticeship in the present case is involuntary ser 
 vitude within the meaning of these words in the amendment." Id. 
 
 This amendment is the last one made. It trenches directly upon 
 the power of the States and of the people Oi tbe States. It is the 
 first and only instance of a change of this character in the organic 
 law. United States v. Rhodes (by Justice Swayne, Kentucky, Oct. 
 T. 1867). 
 
 The act of Congress (the Civil Rights Bill) confers citizenship. Who are 
 The Constitution uses the words "citizen" and "natural born citizens of 
 citizen;" but neither that instrument nor any act of Congress united 
 has attempted to define their meaning. In Johnson s Dictionary, states ? 
 "citizen" is thus defined: "(1) A freeman of a city; not a 18,19,35, 46, 
 foreigner; not a slave; (2) a townsman, a man of trade; not a 206 220-222* 
 gentleman; (3) an inhabitant; a dweller in any place." In 
 Jacob s Law Dictionary (edition of 1783) the only definition given 
 is as follows : " Citizens (cives) of London are either freemen or such 
 as reside and keep a family in the city, &c. ; and some are citizens 
 and freemen, and some are not, who have not so great privileges as 
 others. The citizens of London may prescribe against a statute 
 because their liberties are re-enforced by statute. (1 Roll. 105.)" Id. 
 
 " The word civis, taken in the strictest sense, extends only to 
 him that is entitled to the privileges of a city of which he is a mem 
 ber, and in that sense there is a distinction between a citizen and 
 an inhabitant within the same city, for every inhabitant there is not 
 a citizen." (Scott qui tarn v. Swartz, Com. Rep. 68.) Id. 
 
 " A citizen is a freeman who has kept a family in a city." (Roy 
 V. Hanger, 1 Roll. Rep. 138, 149.) Id. 
 12* 
 
274 CITIZENSHIP, 274. [Amendments, 
 
 "The term citizen, as understood in our law, is precisely analo 
 gous to the term subject in the common law ; and the change of 
 phrase has entirely resulted from the change of government. The 
 sovereignty has been changed from one man to the collective body 
 of the people, and he who before was a subject of the king is now a 
 citizen of the State." (The State v. Manuel, 4 Dev. & Batt, 26.) Id. 
 What was " During the war each party claimed the allegiance of the natives 
 th C ^ fleet - of of the colonies as due exclusively to itself. The Americans insisted 
 can lievolii- u P on the allegiance of all born within the States, respectively ; and 
 tion upon Great Britain asserted an equally exclusive claim. The treaty of 
 p ? 1783 acted upon the state of things as it existed at that period. It 
 took the actual state of things as its basis. All those, whether na 
 tives or otherwise, who then adhered to the American States, were 
 virtually absolved from their allegiance to the British crown, and 
 those who then adhered to the British crown were deemed and 
 held subjects of that crown. The treaty of peace was a treaty 
 operating between the States on each side, and the inhabitants 
 thereof: in the language of the seventh article, it was a firm and 
 perpetual peace between his British majesty and the said States, 
 a,nd between the subjects of the one and the citizens of the other S Who 
 then were subjects or citizens was to be decided by the state of facts. 
 If they were originally subjects of Great Britain and then adhered 
 to her, and were claimed by her as subjects, the treaty deemed them 
 such; if they were originally British subjects, but then adhering to 
 the states, the treaty deemed them citizens." (Shanks v. Dupont, 
 3 Pet. 247.) United States v. Rhodes (Justice Swayne). 
 
 All persons born in the allegiance of the king are natural born 
 subjects, and all persons born in the allegiance of the United States 
 are natural born citizens. Birth and allegiance go together. Such 
 is the rule of the common law, and it is the common law of this 
 country as well as of England. There are two exceptions, and only 
 two, to the universality of its application. The children of ambas 
 sadors are, in theory, born in the allegiance of the powers the am 
 bassadors represent, and slaves, in legal contemplation, are prop 
 erty, and not persons. (2 Kent s Com. 3d ed. 1 ; Calvin s Case, 7 
 Coke, 1 ; 1 Black. Com. 366 ; Lynch v. Clark, 1 Sandf. Ch. Rep. 139.) 
 The common law has made no distinction on account of race or 
 color. None is now made in England nor in any other Christian 
 country of Europe. The fourth of the articles of confederation, 
 (ante, p. 10) quoted; also Scott v. Sandford, 19 How. 575. Id. 
 When the Constitution was adopted, free men of color were clothed 
 with the franchise of voting in at least five States, and were a part 
 of the people whose sanction breathed into it the breath of life. 
 (Scott v. Sandford, 19 How. 573; The State v. Manuel, 2 Dev. & 
 Batt. 24, 25.) United States v. Rhodes. 
 
 " Citizens under our Constitution and laws mean free inhabitants 
 born within the United States or naturalized under the laws of 
 Congress." (1 Kent s Com. 292, note.) It is further said in the 
 note in 1st Kent s Commentaries, before referred to: "If a slave 
 born in the United States be manumitted or otherwise lawfully dis 
 charged from bondage, or if a black man born in the United States 
 become free, he becomes thenceforward a citizen, but under such 
 disabilities as the laws of the several States may deem it expe 
 dient to prescribe to persons of color." i* 1 
 
Art. XIIL] CITIZENSHIP, 274. 275 
 
 In the case of the State v. Manuel it was remarked: " It has been 18, 220. 
 said that, by the Constitution of the United States, the power of 
 naturalization has been conferred exclusively upon Congress, and 
 therefore it cannot be competent for any State by its municipal 
 regulations to make a citizen. But what is naturalization? It is 
 the removal of the disabilities of alienage. Emancipation is the 
 removal of the incapacity of slavery. The latter depends wholly 
 upon the internal regulations of the State. The former belongs to 
 the government of the United States. It would be dangerous to 
 confound them." (The State v. Manuel, 2 Dev. & Batt. 25 ; The 
 State v. Newcomb, 5 Iredell, 253.) Id. 
 
 We cannot deny the assent of our judgment to the soundness of 
 the proposition, that the emancipation of a native-born slave by re 
 moving the disability of slavery made him a citizen. If these views 
 be correct, the provision in the act of Congress conferring citizen 
 ship was unnecessary and is inoperative. Granting this to be so, 
 it was well, if Congress had the power, to insert it, in order to pre 
 vent doubts and differences of opinion which might otherwise have 
 existed upon the subject. We are aware that a majority of the 
 court in the case of Scott v. Sandford, arrived at conclusions differ 
 ent from those we have expressed. But in our judgment these 
 points were not before them. They decided that the whole case, 
 including the agreed facts, was open to their examination, and that 
 Scott was a slave. This central and controlling fact excluded all 
 other questions, and what was said upon them by those of the ma 
 jority, with whatever learning and ability the argument was con 
 ducted, is no more binding upon this court as authority than the 
 views of the minority upon the same subjects. (Carroll v. Carroll, 
 16 How. 287.) Id. 
 
 Citizenship has no necessary connection with the franchise of What is the 
 voting, eligibility to office, or indeed with any other rights, civil or po- effect of 
 litical. Women, minors, and persons non compos are citizens, and not " p ^ ns !lp 
 the less so on account of their disabilities. In England, not to advert suffrage ? 
 to the various local regulations, the new reform bill gives the right 1 8 > 22 - 
 of voting for members of Parliament to about eight hundred thou 
 sand persons from whom it was before withheld. There, the sub 
 ject is wholly within the control of Parliament. Here, until the 
 J3th amendment was adopted, the power belonged entirely to the 
 States, and they exercised it without question from any quarter, as 
 absolutely as if they were not members of the Union. Id. 
 
 Our attention has been called to several treaties by which In 
 dians were made citizens; to those by which Louisiana, Florida, and 
 California were acquired, and to the act passed in relation to Texas. 220, 230, 117. 
 All this was done under the war and treaty-making powers of the 
 Constitution, and those which authorize the national government 
 to regulate the territory and other property of the United States, 
 and to admit new States into the Union. (American Ins. Co. v. 
 Canter, : Pet. 511; Cross v. Harrison, 16 llow. 164; 2 Story s Const 
 158.) Id. 
 
 Congress has power " to establish an uniform rule of naturali 
 zation." Art. 1, Sec. 8. After considerable fluctuation of judicial 
 opinion it was finally settled, by the Supreme Court, that this 
 
276 CITIZENSHIP, 274. [Amendments, 
 
 power is vested exclusively in Congress. (Collet v. Collet, 2 Ball. 
 294; United States v. Yelati, 2 Ball. 370; Golden v. Prince, 3 
 Wash. C. C. 313 ; Chirac v. Chirac, 2 Wheat. 259 ; Houston v. 
 Moore, 2 Wheat. 49 ; Federalist, No. 32.) United States v. Rhodes. 
 Id. An alien naturalized is "to all intents and purposes a 
 natural born subject." (Co. Litt. 129.) Id. "Naturalization 
 takes effect from birth ; denization from the date of the patent." 
 (Yin. Ab. Tit. Alien, D.j Id. 
 
 The form under the English act of Parliament appears in 
 Godfrey v. Dickson, Cro. Jac. 539, c. 7. Under the late act, a 
 resident alien may accomplish the object by a petition to the Sec 
 retary of State for the Home Department Id. 
 
 93. The power is applicable only to those of foreign birth. Alienage 
 
 is an indispensable element in the process. To make one of domes 
 tic birth a citizen, is not naturalization, and cannot be brought 
 within the exercise of -that power. There is an universal agree 
 ment of opinion upon this subject. (Scott v. Sandford, 19 How. 
 p. 578; 2 Story s Const. 44.) Id. It was well remarked by one 
 of the dissenting judges, in Scott v. Sandford, 19 Howard, 586, in 
 regard to the African race: " The Constitution has not excluded 
 them, and since that has conferred on Congress the power to natu 
 ralize colored aliens, it certainly shows that color is not a necessary 
 
 267. qualification for citizenship under the Constitution of the United 
 States." Id. The Constitution, 10th amendment, and clause 2 of 
 Sec. 2. Art. IV., and generally the notes thereon (ante, notes 220, 
 221), quoted. Id. 
 
 220-223. What the several States under the original Constitution only 
 
 could have done, the nation has done by the thirteenth amendment. 
 An occasion for the exercise of this power by the States may not, 
 perhaps cannot, hereafter arise. United States v. Rhodes. 
 
 The thirteenth amendment quoted, and the same rules of inter 
 pretation applied to "APPROPRIATE LEGISLATION." That is, "op- 
 propriate" is equivalent to " necessary and proper." (McCulloch 
 v. Maryland, 4 Wheat. 421-423.) Id. The rule in the United 
 
 188. States v. Coombs, 12 Pet. 72 ; United States v. Holliday, 3 Wall. 
 407 ; United States v. Beavan, 3 Wheat. 390 ; Prigg v. Pennsyl 
 vania, 16 Pet. 60; quoted and applied as to the general power. 
 Id. [Out of its place it may be noted, that under the power to 
 
 85. regulate commerce, it has recently been ruled, that the power ex 
 tends to commerce on land, carried on by railroads which are parts 
 of lines of inter-State communication, as well as to commerce 
 carried on by vessels, and such railroads may be regulated by Con 
 gress as well as steamboats. By Associate Justice Miller, in Gray 
 v. Clinton Bridge, American Law Register (January, 1868), pp. 149- 
 
 89. 154. The power to regulate commerce is the power to regulate the 
 instruments of commerce. (Cooley v. The Board of Wardens, 12 
 How. 316.) Id. And it extends to railroads as well as steam 
 boats. Id] 
 
 195. Since the organization of the Supreme Court, but three acts of 
 
 Congress have been pronounced by that body void for unconstitution- 
 
 ality. (Marbury v. Madison, 1 Cr. 137 ; Scott v. Sandford. 19 How. 
 
 393 ; Exparte Garland, 4 Wall. 334.) United States v. Rhodes. 
 
 The present effect of the amendment was to abolish slavery 
 
Art. XIII.] EMANCIPATION, 274. 277 
 
 wherever it existed within the jurisdiction of the United States. 
 In the future it throws its protection over every one, of every race, 
 color, and condition, within that jurisdiction, and guards them 
 against the recurrence of the evil. Id. 
 
 The history of slavery, and the State legislation which followed 
 its destruction given. The Civil Rights law is an "appropriate" 
 means of carrying out the object of the first section of the amend 
 ment. Id. 
 
 It would be a remarkable anomaly if the national government, 
 without this amendment, could confer citizen ship on aliens of every 
 race or color, and citizenship, with civil and political rights, on the IS, 220. 
 " inhabitants " of Louisiana and Florida, without reference to race 
 or color, and cannot, with the help of the amendment, confer on 
 those of the African race, who have been born and always lived 
 within the United States, all that this law seeks to give them. 
 
 It was passed by the Congress succeeding the one which pro 
 posed the amendment. Many of the members of both Houses 
 were the same. This fact is not without weight and significance. 
 (McCulloch v. Maryland, 4 Wheat. 401.) Id. 
 
 The amendment reversed and annulled the original policy of the 
 Constitution, which left it to each State to decide exclusively for 
 itself whether slavery should or should not exist as a local institu 
 tion, and what disabilities should attach to those of the servile race 
 within its limits. The whites needed no relief nor protection, and 
 they are practically unaffected by the amendment. The emancipa 
 tion which it wrought was an act of great national grace, and was 
 doubtless intended to reach further in its effects, as to every one 
 within its scope, than the consequences of manumission by a 
 private individual. We entertain no doubt of the constitutionality 
 of the act in all its provisions. It gives only certain civil rights. 
 We are not unmindful of the opinion of the Court of Appeals of 
 Kentucky, in the case of Brown v. The Commonwealth. With all 
 our respect for the eminent tribunal from which it proceeded, we 
 have found ourselves unable to concur in its conclusions. The 
 constitutionality of the act is sustained by the Supreme Court of 
 Indiana and the Chief-Justice of the Court of Appeals of Maryland, 
 in able and well-considered opinions. (Smith v. Moody, 26 Ind. 
 307 ; In re A. II. Somers.) United States v. Rhodes. Id. 
 
 The niii prius courts of several of the Southern States have de 
 cided against the constitutionality of the Civil Rights law on 
 various grounds ; but the editor regrets that he has not preserved 
 the newspaper reports of their decisions. 
 
 Where an obligation was given to pay 7,800 sterling for a trans- What effecr; 
 fer of the vendor s claim to the services of 153 apprentices (whoj 1 ^ 1 such a 
 had been slaves), but before the installments fell due, the slaves il-Ia 
 were declared free and obtained their freedom, under an ordinance 
 of Berbice, in British Guiana, in pursuance of the act of 3 and 4 W. 
 IV., c. 73, S. 10, whereby the defendant lost the services, so that the 
 covenant of warranty of title failed; held, that the plaintiff was en 
 titled to the last two installments, though the legislature had deter 
 mined the apprenticeship before they became due. Mittelho/.ezer 
 V. Pullarton, 6 Adolph. & Ellis, 989, 990. 
 
278 EMANCIPATION, 274. [Amendments, 
 
 Lord Denman : " My brother Wight-man asked what would have 
 been the result if, at the end of the year, the services had been 
 determined by the act of God. And to this no sufficient answer 
 was given." Id. 1018. The plaintiff s right vested when the bar 
 gain was made ; the subsequent interference of the colonial legis 
 lature does not prevent his recovering what was then stipulated. 
 Id. The whole question is, who shall bear the losses occasioned by 
 a vis major. And that depends upon the question, who was the 
 proprietor when that loss was occasioned. Id. 
 
 The question was whether the defendants were liable for the 
 value of slaves purchased in Texas in September, 1863. "I have 
 always regarded the proclamation of the President, issued on the 1st 
 January, 18(33, declaring the negroes free, as a war measure. The 
 President did not base his right to issue that proclamation upon any 
 clause of the Constitution, or even any act of Congress. It was 
 justified by the necessities of the war, arid, as commander-in-chief 
 of the army and navy of the United States, he resorted to it, as he 
 himself declared, as a war measure. Its operation and effect de 
 pended wholly upon the success of the national arms. The negroes 
 were set free, not by the mere declaration of the President that 
 they were so, but by force of arms. Hence, I have always sup 
 posed that slaves who occupied certain sections of the country, say 
 in Virginia and Tennessee, and who first fell under the armed con 
 trol of the Union, were free sooner than those in Texas or the ex 
 treme South. If the proclamation of the President, of itself, mado 
 slaves free persons, then every negro held in bondage after the 1st 
 January, 1863, is now entitled to sue not only for the value of his 
 services subsequent to that time, and for damages on account of 
 being unlawfully deprived of his liberty, but could also subject their 
 former owners to criminal prosecutions for false imprisonment. Not 
 believing that such an effect should be, or was intended to be given 
 to the Proclamation, I must sustain the demurrer of the plaintiff ." 
 Connett v. Williams, United States Circuit Court (Texas), Jan. T., 
 186G, by Judge Thomas H. DuvaL There have been State decis 
 ions to the effect that contracts made for the purchase of negroes, 
 even before the war, but which matured after their emancipation, 
 cannot be enforced ; but the editor has not preserved the news 
 paper reports of them. He supposes the correct principle to be, as 
 stated by the English bench, " Who owned the negroes when they 
 obtained their freedom?" If they were property when sold, the 
 purchaser must sustain the loss. 
 
 [CONCURRENT RESOLUTION, RECEIVED AT DEPARTMENT OP STATE 
 JUNE 16, 1866.] 
 
 JOINT RESOLUTION PROPOSING AN AMENDMENT TO 
 TflK CONSTITUTION OF THE UNITED STATES. 
 
 Who are Be it resolved by the Senate and House of Repre- 
 
 SftST* sentatives of the United States of America in Congress 
 sulu-8 d ? assembled (two-thirds of both Houses concurring) 
 
Art. XIV.] RECONSTRUCTION. 279 
 
 That the following article be proposed to the legis- 6, is, 220. 
 latures of the several States as an amendment to the 
 Constitution of the United States, which, when ratified 
 by three-fourths of said legislatures, shall be valid as 
 part of the Constitution, namely: 
 
 ARTICLE XIV. 
 
 SEC. 1. All persons born or naturalized in the United 
 States, and subject to the jurisdiction thereof, are 
 citizens of the United States and of the State 
 wherein they reside. No State shall make or enforce 
 any law which shall abridge the privileges or immuni 
 ties of citizens of the United States; nor shall any 
 State deprive any person of life, liberty, or property,! / 
 without due process of law, nor deny to any person, 
 within its jurisdiction the equal protection of the laws.! 
 
 SEC. 2. Representatives shall be apportioned among HOW are 
 the several States according to their respective Svesappor- 
 numbers, counting the whole number of persons in each ^St 
 State, excluding Indians not taxed. But when the 
 right to vote at any election for the choice of electors 
 for President and Vice-President of the United States, 
 representatives in Congress, the executive and judicial 
 officers of a State, or the members of the legislature 
 thereof, is denied to any of the male inhabitants of 
 such State, being twenty-one years of age, and citizens 
 of the United States, or in any way abridged, except 
 for participation in rebellion or other crime, the basis HOW is the 
 of representation therein shall be reduced in the pro- reduced? 
 portion which the number of such male citizens shall 
 bear to the whole number of male citizens twenty-one 
 years of age in such State. 
 
 SEC. 3. No person shall be a senator or repre- who are dis- 
 gentative in Congress, or elector of President and Vice- jvom hoia- 
 President, or hold any office, civil or military, under ingott 
 the United States, or under any State, who, having 
 
280 PUBLIC DEBT GUAKANTEED, 275. [Amendments, 
 
 previously taken an oath, as a member of Congress, or 
 as any officer of the United States, or as a member of 
 any State legislature, or as an executive, or judicial 
 officer of any State, to support the Constitution of the 
 United States, shall have engaged in insurrection or 
 rebellion against the same, or given aid or comfort to 
 HOW re- the enemies thereof. But Congress may, by a vote of 
 
 stored? . . . _ . TT . V. , ... 
 
 two-thirds oi each House, remove such disability. 
 HOW is the SEC. 4. The validity of the public debt of the 
 
 public debt __ . T.-I, i -IT -11 
 
 puaran- United States, authorized by law, including debts 
 incurred for payment of pensions and bounties for 
 services in suppressing insurrection or rebellion, shall 
 
 The rebel not be questioned. But neither the United States nor 
 
 debt, how _. .. . ,. 
 
 repudiated? any btate shall assume or pay any debt or obliga 
 tion incurred in aid of insurrection or rebellion against 
 the United States, or any claim for the loss or emanci 
 pation of any slave ; but all such debts, obligations, 
 and claims shall be held illegal and void. 
 
 SEC. 5. The Congress shall have power to enforce, 
 by appropriate legislation, the provisions of this article. 
 
 275. This amendment was never submitted to the President for 
 
 236. his approval or veto. In a message to Congress, he said, that the 
 
 sending it to the States was not to be construed into an approval 
 
 of its provisions. Nevertheless, it was sent by the Secretary of 
 
 State to all the States. 
 
 In a letter of transmission to the editor, on the 29th October, 
 1867, the Secretary of State remarks: "I also send an accurate 
 copy (of the fourteenth amendment) as proposed by Congress; but 
 as this amendment has not yet been ratified by a sufficient number 
 of the States, through their legislatures, agreeably to the require 
 ments of the Constitution, it is not deemed expedient in this case 
 to promulgate any official data in relation thereto." 
 
 Application was then made to the clerk of the House of Repre 
 sentatives who politely furnished the following: 
 
 Dates of the ratification of the XlVth constitutional amendment. 
 1866 : Connecticut, June 30 ; New Hampshire, July 7 ; Tennessee, 
 July 19 ; New Jersey, September 11 ; Oregon. September 19 ; Ver 
 mont, November 7. 18G7 : New York, January 10; Ohio, January 
 11 (withdrawn Jan. 1868); Nevada, January 11 and 22; Illinois, 
 January 15; West Virginia, January 1G; Kansas, January 18; 
 Missouri, January 2G; Indiana, January 29; Minnesota, Febru 
 ary 1 ; Rhode Island, February 7; Pennsylvania, February 1, 3 ; 
 
Art XIV.] RATIFICATION-, 275, 276. 281 
 
 Wisconsin, February 13 ; Michigan, February 15, Massachusetts, 
 March 15 and 20; Nebraska, June 15. Rejected by Delaware, 
 Maryland, Kentucky, Virginia, North Carolina, South Carolina, 
 (ieorgia, Florida, Alabama, Louisiana, Mississippi, Arkansas, 
 Texas. Not acted : California, Iowa. 
 
 Ratified by 22 States ; rejected by 13 : not acted OH by 2. When 
 submitted there were 36 States ; Nebraska added, makes 37. Three- 
 fourths of all were 27, now 28. If wo deduct the ten rebel States, 
 19 would be sufficient. 
 
 In the case of Mississippi v. Johnson, 4 Wall. 475, it was 
 sought to enjoin the operation of these laws upon the ground of 
 their unconstitutionality. The arguments are fully reported ; but 
 the court limited the inquiry to the single point, Can the President 
 be restrained by injunction from carrying into effect an act of 
 Congress alleged to be unconstitutional? After reviewing Mar- 
 bury v. Madison, 1 Cr. 137, and Kendall v. Stockton & Stokes, 
 12 Pet. 527, it was said : " The Congress is the legislative depart- 14, 165. 
 ment of the government ; the President is the executive depart- 195. 
 ment. Neither can be restrained in its action by the judicial 
 department; though the acts of both, when performed, are, in 
 proper cases, subject to its cognizance." Mississippi v. Johnson, 
 4 Wall. 500. The rule was denied. Id. 501. 
 
 There are many persons whose opinions are entitled to respect, 286. 
 who maintain that the ratification is complete without the concur 
 rence of the non-reconstructed States. (See Farrar s Const. 448, 
 note 1.) If this view be correct, then the ratification is already 
 accomplished, and the fourteenth amendment stands as a part of 
 the Constitution. But if it be not correct, the editor doubts not 
 but the amendment will be adopted within the present year, by 
 enough of those ten States (unless prevented by civil war), to insure 
 its ratification, after the same manner that the thirteenth amend- 274. 
 ment was ratified. It has therefore been printed, to prevent future 
 confusion, in the index, and stereotyped pages. Should it never go 
 into practical operation, the constitutional student will reject the 
 propositions which it embraces. It has been seen that the Secre 
 tary of State discards the notion that the amendment is yet com 
 plete. It is also painfully true, that in a message to the Senate, 
 and in other public declarations, the President questioned the ex- 236. 
 pediency, if he did not deny the power of Congress to submit this 
 amendment, while a portion of the States were not represented 
 and allowed to vote upon such submission. But this argument 27i. 
 would also go to the thirteenth amendment, unless, indeed, there 117, 113. 
 be a distinction between the rights of States of the Union, when 
 engaged in actual war against the United States, and after that 46. 
 resistance has been conquered and such rebellious peoples have 
 sent back their representatives to Congress. 
 
 276. It has been seen that the President imposed upon these 
 same States the condition of adopting the thirteenth amendment, 
 and thus forever destroyed slavery within the jurisdiction of the 274 
 United States. This was claimed in virtue of the war power, and 
 for the general welfare of the whole Union. The thing has been u, 79, 80. 
 done, and the complete change of organic law has gone into history. 
 
282 
 
 REBEL STATES, 276. [Am ts, Art. XIY., 
 
 236. 
 
 Act of 
 March 2, 
 1867. 
 Preamble ? 
 
 How are 
 certain rebel 
 
 The country accepted the act, and there were those who thought 
 this enough But Congress, adopting the view that further 
 amendments were necessary ; and, either holding that the ratifi 
 cation of three-fourths of all the States was required ; or else 
 wishing to test the fact, that these States so lately in rebellion, 
 had given evidence of loyalty and submission, and claiming for 
 Congress the power to impose further conditions than the Presi 
 dent had demanded, with a view to secure liberty and equal 
 political rights to all, and to compel those States to ratify the 
 amendment, enacted the following series of laws : 
 
 " An Act to provide for the more efficient Government of the Rebel 
 States. 
 
 " WHEREAS no legal State governments or adequate protection for 
 life or property now exists in the rebel States of Virginia, North 
 Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisi 
 ana, Florida, Texas, and Arkansas; and whereas it is necessary 
 that peace and good order should be enforced in said States, until 
 loyal and republican State governments can be legally established ; 
 therefore, 
 
 Be it enacted, dec., That said rebel States shall be divided into 
 
 States to be military districts, and made subject to the military authority of 
 divided, the United States as hereinafter pre cribed, and for that purpose 
 cd to Virginia shall constitute the first district; North Carolina and 
 
 military South Carolina, the second district; Georgia, Alabama, and 
 authority? Florida, the third district; Mississippi and Arkansas, the fourth 
 Is the district ; and Louisiana and Texas, the fifth district. 
 
 to asS^an " 2 Ifc siia11 be the dllt 7 f tll<3 rresident to assign to the COm- 
 army officer mand of each of said districts, an officer of the army, not below the 
 to command rank of brigadier-general, and to detail a sufficient military force 
 tri ct iS ~ to ena ^ e sucn ffi cer t perform his duties, arid enforce his 
 Military authority within the district to which he is assigned. 
 force to he " 3. It shall be the duty of each officer assigned as aforesaid, to 
 What protect all persons in their rights of person and property, to sup- 
 
 the dtutai P ress insurrection, disorder, and violence, and to punish, or cause to 
 of command- be punished, all disturbers of the public peace and criminals; and 
 ers of t o this end he may allow local civil tribunals to take jurisdiction 
 
 ot an(1 to trv offenders, or, when in his judgment it may be neces- 
 sary for the trial of offenders, he shall have power to organize 
 military commissions or tribunals for that purpose, and all inter- 
 feronce under color of State authority with the exercise of military 
 authority under this act, shall be null and void. 
 
 "4. All persons put under military arrest by virtue of this act 
 shall be tried without unnecessary delay, and no cruel or unusual 
 punishment shall be inflicted, and no sentence of any military com 
 mission or tribunal hereby authorized, affecting the life or liberty 
 of any person, shall be executed until it is approved by the officer 
 in command of the district, and the laws and regulations for the 
 government of the army shall not be affected by this act, except in 
 sentences of so f ar ag they conflict with its provisions : Provided, That no sen- 
 tri bun us to tence of death under the provisions of this act shall be carried icto 
 beexecuted? effect without the approval of the President. 
 
 trilmnals? 
 State inter- 
 
 Persons 
 under 
 military 
 arrest to be 
 speedily 
 tried ? 
 What rule 
 of punish 
 ment? 
 How are 
 
Sees. 1-5.] TEEMS OF ADMISSION, 286. 283 
 
 " 5. When the people of any one of said rebel States shall have Upon what 
 formed a constitution of government in conformity with the Con- conditions 
 stitution of the United States in all respects, framed by a conven- Entitled te 
 tion of delegates elected by the male citizens of said State, twenty- representa- 
 one years old and upward, of whatever race, color, or previous con- *j <m j" s , 
 dition, who have been resident in said State for one year previous Delegates to 
 to the day of such election, except such as may be disfranchised conventions, 
 for participation in the rebellion, or for felony at common law, and b y whom 
 when such Constitution shall provide that the elective franchise VSt is the 
 shall be enjoyed by all such persons as have the qualifications elective 
 herein stated for electors of delegates, and when such Con- franchise? 
 stitution shall be ratified by a majority of the persons voting 
 on the question of ratification who are qualified as electors 
 for delegates, and when such Constitution shall have been 
 submitted to Congress for examination and approval, and Congress 
 shall have approved the same, and when said State, by a vote of The State to 
 its legislature elected under said Constitution, shall have adopted adopt the 
 the amendment to the Constitution of the United States, proposed J^SJsCoa- 
 by the Thirty-ninth Congress, and known as article fourteen, and stitution ? 
 when said article shall have become a part of the Constitution 
 of the United States, said State shall be declared entitled to repre 
 sentation in Congress, and senators and representatives shall be 
 admitted therefrom on their taking the oath prescribed by law, and What quali- 
 then and thereafter the preceding sections of this act shall be in- fictions of 
 -operative in said State : Provided, That no person excluded from ^prJsenta- 
 the privilege of holding office by said proposed amendment to the tives ? 
 Constitution of the United States, shall be eligible to election as a 
 member of the convention to frame a Constitution for any of said 
 rebel States, nor shall any such person vote for members of such 
 convention. 
 
 "6. Until the people of said rebel States shall be by law admit- What are 
 ted to representation in the Congress of the United States, any civil the civil 
 governments which may exist therein shall be deemed provisional |^n t r s n f 
 only, and in all respects subject to the paramount authority of the such States? 
 United States at any time to abolish, modify, control, or supersede Who may 
 the same ; and in all elections to any office under such provisional JjJettanif 
 governments all persons shall be entitled to vote, and none others, 
 who are entitled to vote, under the provisions of the fifth section 
 of this act ; and no person shah 1 be eligible to any office under any 
 such provisional governments who would be disqualified from 
 holding office under the provisions of the third article of said 
 constitutional amendment." 
 
 This act was passed over the President s veto, March 2, 1867. 
 
 " Ax ACT supplementary to an act entitled An act to provide for Act of 
 the more efficient government of the rebel States, passed March March 23, 
 second, eighteen hundred and sixty-seven, and to facilitate 
 restoration. 
 
 " Be it enacted, <fce., That before the first day of September, eighteen 
 hundred and sixty-seven, the commanding general in each district 
 defined by an act entitled An act to provide for the more efficient Wh . are 
 government of the rebel States, passed March second, eighteen bTreStered 
 hundred and sixty-seven, shall cause a registration to be made of as voters? 
 
284 
 
 SUPPLEMENTAEY ACT, 276. [Am ts, Art. XIY., 
 
 What oath 
 of the 
 voters ? 
 
 242. 
 
 "When and 
 by whose 
 
 the male citizens of the United States, twenty-one years of age and 
 upwards, resident in each county or parish in the State or States 
 included in his district, which registration shall include only those 
 persons who are qualified to vote for delegates by the act aforesaid, 
 and who shall have taken and subscribed the following oath or 
 
 affirmation : I, , do solemnly swear (or affirm), in the presence 
 
 of Almighty God, that I am a citizen of the State of ; that I have 
 
 resided in said State for months next preceding this day, and 
 
 now reside in the county of , or the parish of , in said 
 
 State (as the case may be) ; that I am twenty-one years old ; that 
 I have not been disfranchised for participation in any rebellion or 
 civil war against the United States, nor for felony committed against 
 the laws of any State or of the United States; that I have never 
 been a member of any State legislature, nor held any executive or 
 judicial office in any State and afterward engaged in insurrection or 
 rebellion against the United States, or given aid or comfort to the 
 enemies thereof; that I have never taken an oath as a member of 
 Congress of the United States, or as an officer of the United States, 
 or as a member of any State legislature, or as an executive or judi 
 cial officer of any State, to support the Constitution of the United 
 States, and afterward engaged in insurrection or rebellion against 
 the United States, or given aid or comfort to the enemies thereof; 
 that I will faithfully support the Constitution and obey the laws of 
 the United States, and will, to the best of my ability, encourage 
 others so to do, so help me God; which oath or affirmation may bo 
 administered by any registering officer. 
 
 " 2. After the completion of the registration hereby provided 
 for in any State, at such time and places therein as the commanding 
 
 election to* 5 g enera ^ sna H appoint and direct, of which at least thirty days pub- 
 be held ? h c notice shall be given, an election shall be held of [for] delegates 
 to a convention for the purpose of establishing a Constitution and 
 civil government for such State loyal to the Union, said convention 
 in each State, except Virginia, to consist of the same number of 
 members as the most numerous branch of the State legislature of 
 such State in the year eighteen hundred and sixty, to bo appor 
 tioned among the several districts, counties, or parishes of such 
 State by the commanding general, giving to each representation in 
 the ratio of voters registered as aforesaid as nearly as may be. The 
 convention in Virginia shall consist of the same number of mem 
 bers as represented the territory now constituting Virginia in the 
 most numerous branch of the legislature of said State in the year 
 eighteen hundred and sixty, to be apportioned as aforesaid. 
 How to vote "3. At said election the registered voters of each State shall 
 for or vote for or against a convention to form a Constitution therefor uu- 
 
 ^ er t ^ s ac ^ r -^ nose voting in favor of such a convention shall have 
 written or printed on the ballots by which they vote for delegates, as 
 aforesaid, the words For a convention ; and those voting against 
 such a convention shall have written or printed on such ballots the 
 words Against a convention. The persons appointed to superintend 
 said election, and to make return of the votes given ther-at, as 
 herein provided, shall count and make return of the votes <?iven for 
 and against a convention ; and the commanding genera] lo \vhom 
 the same shall have been returned shall ascertain and d olare the 
 
 couventhm ? 
 

 Sees. 1-5.] BOARDS OF REGISTRATION, 276. 
 
 total vote in each State for and against a convention. If a majority 
 of the votes given on that question shall be for a convention, then 
 such convention shall be held as hereinafter provided; but if a ma 
 jority of said votes shall be against a convention, then no such con 
 vention shall be held under this act: Provided, That such convention 
 shall not be held unless a majority of all such registered voters shall 
 have voted on the question of holding such convention. 
 
 " 4. The commanding general of each district shall appoint as How are 
 many boards of registration as may be necessary, consisting of boards of 
 three loyal officers or persons, to make and complete the regis- to^an- 101 * 
 tration, superintend the election, and make return to him of the pointed? 
 votes, list of voters, and of the persons elected as delegates by a 
 plurality of the votes cast at said election ; and upon receiving said 
 returns he shall open the same, ascertain the persons elected as 
 delegates, according to the returns of the officers who conducted 
 said election, and make proclamation thereof; and if a majority of 
 the votes given on that question shall be for a convention, the com 
 manding general, within sixty days from the date of election, shall 
 notify the delegates to assemble in convention, at a time and place 
 to be mentioned in the notification, and said convention, when 
 organized, shall proceed to frame a Constitution and civil govern 
 ment according to the provisions of this act, and the act to w T hich 
 it is supplementary ; and when the same shall have been so framed, 
 said Constitution shall be submitted by the convention for ratification 
 to the persons registered under the provisions of this act at an 
 election to be conducted by the officers or persons appointed, or to 
 be appointed, by the commanding general, as hereinbefore pro 
 vided, and to be held after the expiration of thirty days from the 
 date of notice thereof, to be given by said convention; and the 
 returns thereof shall be made to the commanding general of the 
 district. 
 
 " 5. If, according to said returns, the Constitution shall be ratified What to be 
 by a majority of the votes o" *he registered electors qualified as done^ 
 herein specified, cast at said election, at least one-half of all the ^ 
 registered voters voting upon the question of such ratification, the 
 president of the convention shall transmit a copy of the same, duly 
 certified, to the President of the United States, who shall forthwith 
 transmit the same to Congress, if then in session, and if not in 
 session, then immediately upon its next assembling; and if it shall 
 moreover appear to Congress that the election was one at which all 
 the registered and qualified electors in the State had an opportunity 
 to vote freely and without restraint, fear, or the influence of fraud, 
 and if the Congress shall be satisfied that such Constitution meets 
 the approval of a majority of all the qualified electors in the State, 
 and if the said Constitution shall be declared by Congress to be in 
 conformity with the provisions of the act to which this is supple 
 mentary, and the other provisions of said act shall have been com 
 plied with, and the said Constitution shall be approved by Congress, 
 the State shall be declared entitled to representation, and senators 
 and representatives shall be admitted therefrom as therein provided. 
 
 " 6. All elections in the States mentioned in the said Act to the\otes to 
 provide for the more efficient government of the rebel States. shall, be cast? 
 
286 
 
 2D SUPPLEMENTARY ACT, 276. [Art. XIV., 
 
 during the operation of said act, be by ballot ; and all officers 
 making the said registration of voters and conducting said elections 
 shall, before entering upon the discharge of their duties, take and 
 subscribe the oath prescribed by the act approved July second, 
 eighteen hundred and sixty-two, entitled An act to prescribe an 
 What is the oath of office: Provided, That if any person shall knowingly arid 
 penalty of falsely take and subscribe any oath in this act prescribed, such 
 P erson so offending, and being thereof duly convicted, shall be sub 
 ject to the pains, penalties, and disabilities which by law are pro 
 vided for the punishment of the crime of willful and corrupt perjury. 
 " 7. All expenses incurred by the several commanding generals, 
 O r by virtue of any orders issued, or appointments made, by them, 
 under or by virtue of this act, shall be paid out of any moneys in 
 the treasury not otherwise appropriated. 
 
 " 8. The convention for each State shall prescribe the fees, salary. 
 and compensation to be paid to all delegates and other officers and 
 agents herein authorized or necessary to carry into effect the pur 
 poses of this act not herein otherwise provided for and shall pro 
 vide for the levy and collection of such taxes on the property in 
 such State as may be necessary to pay the some. 
 
 "9. The w r ord article, in the sixth section of the act to which 
 this is supplementary, shall be construed to mean section. " 
 Passed over the President s veto, March 23, 18G7. 
 
 How are 
 the expen- 
 
 mid ? 6 
 
 How are 
 
 tin- Claries 
 
 paid? 
 
 Act of July 
 1?, 1867. 
 
 "What nre 
 
 the States 
 declared 
 to be? 
 
 "AN ACT supplementary to an act entitled An act to provide for 
 the more efficient government cf the rebel States, passed on 
 the second day of March, eighteen hundred and sixty-seven, and 
 the act supplementary thereto, passed on the twenty-third day 
 of March, eighteen hundred and sixty-seven. 
 
 " Be it enacted, <fcc., That it is hereby declared to have been the 
 true intent and meaning of the act of the second day of March, 
 ne thousand eight hundred and sixty-seven, entitled An act to 
 provide for the more efficient government of the rebel States, 
 an( j o f tjjg act supplementary thereto, passed on the twenty-third 
 day of March, in the year one thousand eight hundred and sixty- 
 seven, that the governments then existing in the rebel States of 
 Virginia, North Carolina, South Carolina, Georgia, Mississippi, Ala 
 bama, Louisiana, Florida, Texas, and Arkansas were not legal 
 State governments ; and that thereafter said governments, if con 
 tinued, were to be continued subject in all respects to the military 
 commanders of the respective districts, and to the paramount au 
 thority of Congress. 
 
 What is the " 2. The commander of any district named in said act shall 
 power of have power, subject to the disapproval of the general of the 
 army of the United States, and to have effect till disapproved, 
 whenever in the opinion of such commander the proper adminis 
 tration of said act shall require it, to suspend or remove from 
 office, or from the performance of official duties and the exercise 
 of official powers, cny officer or person holding or exercising, or 
 professing to hold or exercise, any civil or military office or duty 
 in such district, under any power, election, appointment or authori 
 ty derived from, or granted by, or claimed under, any so-called 
 
 removal? 
 
Sees. 1-5.] REGISTRATION, 276. 287 
 
 State or the government thereof, or any municipal or other division 
 
 thereof, and upon such suspension or removal, such commander. % 
 
 subject to the disapproval of the general as aforesaid, shall have 
 
 power to provide from time to time for the performance of the 
 
 said duties of such officer or person so suspended or removed, by 
 
 the detail of some competent officer or soldier of the army, or by 
 
 the appointment of some other person, to perform the same, and 
 
 to till vacancies occasioned by death, resignation, or otherwise. 
 
 " 3. The general of the army of the United States shall be in- what are 
 vested with all the pov. r ors of suspension removal, appointment, the powers 
 and detail granted in the preceding section to district commanders. Q^J^ as 
 
 " 4. The acts of the officers of the army already done in remor- to removals ? 
 ing in said districts persons exercising the functions of civil offi 
 cers, and appointing others in their stead, are hereby confirmed: 
 Provided, That any person heretofore or hereafter appointed by 
 any district commander to exercise the functions of any civil office, 
 may be removed either by the military officer in command of the 
 district, or by the general of the army. And it shall be the duty 
 of such commander to remove from office as aforesaid all persons 
 who are disloyal to the government of the United States, or who 
 use their official influence in any manner to hinder, delay, prevent, 
 or obstruct the due and proper administration of this act and the 
 acts to which it is supplementary. 
 
 "5. The boards of registration provided for in the act entitled "What nre 
 An act supplementary to an act entitled : An act to provide for the duties of 
 the more efficient government of the rebel States," passed March registration? 
 two, eighteen hundred and sixty-seven, arid to facilitate restora- " 
 tion, passed March twenty-three, eighteen hundred and sixty- 
 seven, shall have power, and it shall be their duty, before allow 
 ing the registration of any person, to ascertain, upon such facts 
 or information as they can obtain, whether such person is entitled 
 to be registered under said act; and the oath required by said act 
 shall not be conclusive on such question, and no person shall be 
 registered unless such board shall decide that he is entitled thereto ; 
 and such board shall also have power to examine, under oath (to 
 be administered by any member of such board), any one touching 
 the qualification of any person claiming registration ; but in every 
 case of refusal by the board to register an applicant, and in every 
 case of striking his name from the list as hereinafter provided, the 
 board shall make a note or memorandum, which shall be returned 
 with the registration list to the commanding general of the district 
 setting forth the grounds of such refusal or such striking from the 
 list: Provided, That no person shall be disqualified as member of 
 any board of registration by reason of race or color. 
 
 " 6. The true intent and meaning of the oath prescribed in said What is the 
 supplementary act is (among other things), that no person who has extent of the 
 been a member of the legislature of any State, or who has held Jj^J 1 " 1 1 
 any executive or judicial office in any State, whether he has taken 
 an oath to support the Constitution of the United States or not, 
 and whether he was holding such office at the commencement of 
 the rebellion, or had held it before, and who has afterwards en 
 gaged in insurrection or rebellion against the United States, or 
 
288 REGISTRATION, 276, 277. [Art. XIV., 
 
 given aid or comfort to the enemies thereof, is entitled to be regia- 
 , tered or to vote ; and the words executive or judicial office in 
 
 any State in said oath mentioned shall be construed to include all 
 civil offices created by law for the administration of any general 
 law of a State, or for the administration of justice. 
 
 To what " 7. The time for completing the original registration provided for 
 
 time is the i n sa id ac t may, in the discretion of the commander of any district, 
 extended? 11 be extended to the first day of October, eighteen hundred and 
 sixty-seven ; and the boards of registration shall have power, and 
 it shall be their duty, commencing fourteen days prior to any elec 
 tion under said act, and upon reasonable public notice of the time 
 and place thereof, to revise, for a period of five days, the registra 
 tion lists, and upon being satisfied that any person not entitled 
 thereto has been registered, to strike the name of such person 
 from the list, and such person shall not be allowed to vote. And 
 such board shall also, during the same period, add to such registry 
 the names of all persons who at that same time possess the qualifi 
 cations required by said act who have not been already registered ; 
 and no person shall, at any time, be entitled to be registered, or to 
 vote, by reason of any executive pardon or amnesty, for any act or 
 thing which, without such pardon or amnesty, would disqualify 
 him from registration or voting. 
 
 What are " 8. Section four of said last-named act shall be construed to 
 
 the Pwera authorize the commanding general named therein, whenever he 
 command- shall deem it needful, to remove any member of a board of regis- 
 ing general? tration, and to appoint another in his stead, and to fill any vacancy 
 
 in such board. 
 
 "What oath is " 9. All members of said boards of registration and all persons 
 th^ b^d ? ^ erea ^ er elected or appointed to office in said military districts, 
 under any so-called State or municipal authority, or by detail or 
 appointment of the district commanders, shall be required to take 
 and to subscribe the oath of office prescribed by law for officers of 
 the United States. 
 
 By whose " 10. No district commander or member of the board of registra- 
 arelhe 1 * ** on or an ^ ^ ^ e on ^ cers or appointees acting under them, shall 
 district be bound in his action by any opinion of any civil officer of the 
 commanders United States. 
 
 bound? t< 11 AH t h e provisions of this act. and of the acts to which this 
 
 is supplementary, shall be construed liberally to the end that all 
 the intents thereof may be fully and perfectly carried out." 
 Passed over the President s veto. 19th July, 1867. 
 
 "JoiNT RESOLUTION to carry into effect the several acts providing 
 for the more efficient government of the rebel States. 
 
 " Be it resolved, &c., That, for the purpose of carrying into effect 
 the above named acts, there be appropriated, out of any money in 
 the treasury not otherwise appropriated, the sum of one million 
 dollars." 
 
 Passed over the President s veto, 19th July, 1867. 
 
 What meant 277. It will be seen that the second section of the fourteenth 
 the second amendment only contemplated the rejection from the basis of repre- 
 the t arae < nd- sentation of the "numbers," whose male representative men should 
 ment? " be denied the elective franchise. This applied especially to the freo 
 
Sees. 1-5.] REGISTERED VOTERS, 277, 278. 289 
 
 persons of color. Upon the estimate of four and a half mil- 21, 23. 
 lions of those, very few of whom are allowed to vote, unless the 
 rule of suffrage should be changed, nearly one-eighth of the whole 
 representation would have to be deducted. Nearly all of this 
 would, in fact, fall upon the late slave States, and the greater part 
 upon the remaining ten rebel States. The reconstruction acts ad- What Is the 
 vance one step further. They still recognize the principle that the eff ct of 
 States may determine for themselves who of their inhabitants may ^ t ] go 
 vote ; but, as in the case of Nebraska, it is imposed " as a funda- negroes? 
 mental condition of admission " that these States shall make no H 
 distinction, as to the right of suffrage, on account of color. While, 
 then, it was intended to enforce the adoption of the constitutional 
 amendment, if the law imposed the burden of negro suffrage, it 
 also secured to the unwilling whites the benefit of the increased 
 representation which would have been lost without this principle. 
 While the means adopted have been denounced as onerous, and the 275. 
 executive and judicial departments of the government have been 
 appealed to to arrest them, the candid historian will have to record, 
 that the object of this legislation has been to secure the fourteenth 
 amendment to the Constitution. And, viewed as a revolution in 
 organic law, superinduced by the mighty events which preceded, 
 the friends and the opponents of the measure will have to be judged, By what 
 as they are being judged in regard to the thirteenth amendment, Ie T 111 , 
 by the question of whether it was right, expedient and wise thus Jnd oppo- 
 to secure the fruits of the victory which prevented the destruction nents have 
 of the Union ? If the end shall be approved, the severities of the t be 
 war and the great loss of property, in the one case, and the com-- udsed? 
 plaints of the unfortunate men, who fought against a beneficent 275. 
 government, in the other, will be forgotten. 
 
 278. Under these laws the voters registered have been as fol- Compare the 
 
 black and 
 white vote? 
 Whites. Blacks. Total. 
 
 Alabama 72,746 93,543 166,289 
 
 Arkansas 43,170 23,146 66,316 
 
 Florida 11,151 15,541 26,692 
 
 Georgia 96,262 95,973 192,235 
 
 Louisiana 45,169 83,249 128,418 
 
 Mississippi 47,434 62,091 109,525 
 
 North Carolina 103,060 71,657 174,717 
 
 South Carolina 46,676 80,714 127,390 
 
 Texas 56,666 47,430 104,096 
 
 Virginia 120,101 105,832 225,933 
 
 Aggregates 642,435 679,176 1,321,611 
 
 TJie, World Almanac, pp. 102-106. 
 
 In 1860, the white vote of the same States was about 652,000. 
 But it is estimated that 300,000, who would have been voters, lost 
 their lives by the civil war. Probably 100,000 were either exclu 
 ded, under the acts of Congress, or else failed to register. And 
 yet there seems to be a falling off of less than 10,000. The vote 
 of West Virginia is also to be deducted from the vote of Virginia. 
 The conventions have been carried and delegates elected in all the 
 
290 THE GREAT ISSUES, 278-281. [Art. XIV., 
 
 States except Texas. In that State an election has been ordered to 
 take place on the 10th, llth, 12th, 13th and 14th of February, 18G8. 
 IT. The conventions of Alabama, Virginia, North Carolina, Georgia, 
 Florida, and Arkansas have adopted the principle of suffrage for 
 whites and blacks alike. 
 
 The new Constitutions will be submitted to the people for their 
 ratification; and a bill has passed the House of Representatives, 
 and may become a law, to secure the ratification by a simple ma 
 jority of the votes cast ; and to elect members of Congress at the 
 same time. Should the Constitutions be ratified, and State officers 
 elected under them, the contest may possibly then arise between 
 the new governments thus organized and the governments intend 
 ed to be superseded. But whatever form the controversy may 
 assume, no candid mind should ever lose sight of the fact, that the 
 great issue is, Shall the fourteenth amendment be ratified by those 
 States not now allowed representation or not? 
 
 What do the 279. In view of so important an issue, it may be well for every 
 amend- reader to consider carefully what this amendment proposes or has 
 ESS?* 1 *" done? This may be answered thus : 
 
 The first? SEC. 1. Defines national citizenship, and thus makes organic 
 6, 19, 25, 28, what had already been declared law by the first section of the 
 
 ooj. 1 ^ 169 Civil Rights Bill. Paschal s Annotated Digest, Art. 5382. See 
 220-223. 
 
 All else in this section has already been guarantied in the second 
 
 and fourth sections of the fourth article; and in the thirteen amend- 
 
 220-225, 245- ments. The new feature declared is that the general principles, 
 
 274 - which had been construed to apply only to the national government, 
 
 260, 264. are thus imposed upon the States. Most of the States, in gensral 
 
 terms, had adopted the same bill of rights in their own constitu 
 
 tions. 
 
 The second? 2O. The second section amends the third clause of the second 
 
 section of the first article, so as to make representation depend 
 
 21-24, 276. upon voters as well as numbers. It thus more clearly defines who 
 
 of those " persons," now "citizens," shall be counted in the basis of 
 
 J7, 18, 220, representation. Curtailment of representation will follow curtail- 
 
 221- ment of suffrage. But the rights of the States to determine who 
 
 effSrf thC of their inhabitants sha11 vote seems still to be left unimpaired. 
 
 curtailment This view, however, has been denied; and there are those of 
 
 of suffrage ? great weight, who claim that Congress has the power to prescribe 
 
 16 18 18 an uru " versa l ru l e f suffrage for all the States. Putting it upon the 
 
 178, 174, 269. ground of a right still retained by the States and people, it is not 
 
 probable that any State would long exclude a large class of voters 
 
 ; ; * " at the expense of its weight of representation in the national 
 
 assembly and the electoral college. The prejudice against caste 
 
 would be overcome by the necessity for strength. 
 
 The third? 21. The third section contains a decree of exclusion from 
 offiee, against all, everywhere,, and for the past as well as future, 
 
 242, 276. w ho, having previously taken an oath as a member of Congress, or 
 as an officer of the United States, or as a member of any State 
 legislature, or as an executive or judicial officer of any State, to 
 
 S21, 222, 215. support the Constitution of the United States, shall have engaged 
 
Sees. 1-5.] DISQUALIFICATION-DEBT, 281, 282. 291 
 
 in insurrection or rebellion against the same, or given aid or com 
 fort to ths enemies thereof. 
 
 One of the complaints against the reconstruction laws has been, What is the 
 that this same disqualification has been extended to the right to 
 vote upon all the measures of reconstruction; and that so large a 
 class has thus been excluded that "negro supremacy" has been 
 established in all those ten States. It is no part of this book to 
 defend or denounce any policy. The truth is, that the disqualifi- What per- 
 cation did not and could not reach any voter under twenty-seven cen ^. 
 years of age; it could reach comparatively few below thirty-five; p" 8 ibiy 
 and in no community is there an alarming number above fifty years reach? 
 of age. Neither by statistical possibility nor by count, has it been 
 found fairly to extend to one-tenth part of the population. Upon 
 Attorney-General Staiibery s interpretation, one-twentieth would 2 ^7. 
 be much nearer the number. (Opinions upon the Reconstruction 
 Laws, 1867.) It does, however, reach a class; and the disqualifi- 2i2. 
 cation would extend to future as well as to past rebellions, and the 
 power of holding office, or disability could only be removed by a 16-18, 220- 
 two-thirds vote of each house of Congress. 2 ^- 
 
 And as the country seems to have settled down into the notion, ic-19, 35, 46, 
 that the elective franchise and the qualification for office are ya > 169-171. 
 powers, whicti always require something superadded to mere 
 citizenship, the disqualification as an organic rule for the future 
 becomes one of wisdom and sound policy. I say nothing of the 
 argument that it is a punishment for past offenses against the efficacy 142, 143 
 of executive pardon. As the number of participants in past re 
 bellions will daily decrease, let us hope that the love of office, the 
 very strongest in the restless, ambitious spirits, who always con- 117 
 trol popular sentiment, may render it almost impossible that ever 
 the section shall extend to others who shall hereafter engage in 
 insurrection or rebellion against the United States. 
 
 " STATE " in this section would doubtless be interpreted, as in 
 the fugitive clauses, to extend to the District of Columbia and the 
 Territories, and, indeed, to all who owed allegiance to the United 226, 215, 242. 
 States, and had held an office within the category of those defined. 
 And "PERSON" would receive the most comprehensive definition. 
 
 22. The fourth section declares, that "the validity of the public What is the 
 debt of the United States, authorized by law, including debts in- four . th 
 curred for the p.iyment of pensions and bounties for services in se< 
 suppressing insurrection or rebellion shall not be questioned." 
 "While this has been supposed to relate to the debt contracted in 
 the suppression of the late rebellion, it is, in fact, an organic pledge What debts 
 for all debts contracted in the past and for the future. The debt is ( ^es it 
 not only not to be repudiated, but " not questioned." Tg^sT* 
 
 While so large a debt is thus intended to be secured, the section what debts 
 further stipulates: "But neither the United States nor any State re stipulat- 
 shall assume or pay .any debt or obligation incurred in aid of insur- ^ n ^ 
 rection or rebellion against the United States, or any claim for the 
 loss or emancipation of any slave ; but all such debts, obligations, 
 and claims shall be held illegal and void." 
 
 The debt of the Confederate States could not have been less the probable 
 than two thousand millions of dollars; and the value of the slaves amounts? 
 
292 DEBT POWER, 282-285. [Art. XIV., 
 
 emancipated exceeded that sum. The debts incurrred by States, 
 counties, corporations, and individuals in aid of insurrection or re 
 bellion against the United States, probably amount to a thousand 
 millions more, to say nothing of pensions and " bounties for ser 
 vices," if one clause of the article is to be consulted in expounding 
 the other. The terms of reconstruction prescribed by President 
 Johnson required the States to repudiate their war debts. This 
 has been done to a more or less limited extent in the constitutions 
 and ordinances of the reconstruction conventions. But this is only 
 78, 82. for the protection of the States. Every one will judge for himself 
 
 of the influence of such a debt, combined with the danger of having 
 so large a national debt "questioned" or repudiated. 
 
 The problem of allowing the representations from States with 
 drawn from Congress and incurring such enormous debts of their 
 own, while fighting the United States, an equal voice in reference 
 to debts incurred by the nation in conquering them, is one of no 
 small difficulty. Viewed from the stand-point of extraneous in 
 fluences upon Congress, no one can now fully comprehend its 
 danger. The organic guaranty is only an additional security. 
 
 The fifth? 283. The fifth section is little more than a repetition of the 
 133. general powers of legislation. It is precisely the same expressed 
 in the thirteenth amendment. 
 
 "The Congress shall have power to enforce, by appropriate 
 274 legislation, the provisions of this article." The appropriate legis 
 lation which would arise under this article, would be governed by 
 time and circumstances, just as all tho other powers of Congress 
 have been. 
 
 Wh;it is the 284. "Whether this constitutional amendment has become, or 
 importance shall become, a part of the organic law, as covenant for the great 
 subject? future, is a matter for the serious contemplation of the whole 
 country. In the late very able message of the President, he re- 
 274, commends Congress to retrace the measures of the past. This 
 cannot be understood to recommend the annulment of the thirteenth 
 constitutional amendment. He is very explicit in opposing the 
 reconstruction laws ; and therefore he may be construed as recom 
 mending the repeal of the Civil Rights Bill, and opposing this whole 
 fourteenth amendment, with no other recommendation in its stead, 
 than to allow the representation from the States elected since the 
 46, 242. acts of reconstruction, directed by the President himself. Few, if 
 any, of these persons, could take tho test oath now required of 
 all. But whether this is to be repealed or to bo regarded as obso 
 lete, has not been very distinctly avowed by those who demand tho 
 admission of members from those States. 
 
 What may 285. It may not be out of place to observe, that, as the third 
 be the effect section disqualifies a class from office, the principle of inclusio unius, 
 sectlon t u i pon exc ^ us ^ cilterius, may remove the disability caused by the test oath 
 the test as to all not in that section enumerated. If this be so, those en- 
 oath ? gaged in the late rebellion would gain rather than lose by the adop- 
 242. tion of the amendment. Many leaders in that movement are not 
 disqualified. 
 
Sees. 1-5.] CONCLUSION, 285, 286. 293 
 
 The question of what are the constitutional rights of men. regard- 
 loss of the past, is always one of serious import. Such an issue, at 
 such a time, is well calculated to awaken the most painful appre 
 hensions. The issues involved are : 1. Does freedom to the slave What are 
 mean equal liberty to the citizen ? 2. Have they been made citi- 
 zens, and if so, what is the extent of their rights? 3. Shall tfce 
 governments of the States lately in rebellion be left to those only 
 who controlled it ; or shall all participate regardless of color or pre- 220, 274. 
 vious condition ? 4. Shall the ratio of representation remain, thus 23 > 24 
 superadding two-fifths to the slave States without one-half of the 
 citizens having any greater participation in the government than 
 the slaves had ; or shall the ratio be changed so as to represent 
 votes as well as numbers ? 5. Shall any one for the past or the 
 future be disqualified from holding office because of participation in 
 insurrection or rebellion against the United States ? 6. Shall there 
 be an organic guaranty in respect to the national debt ; or shall 
 there be such guaranty against the rebel debt and the claim for 
 slaves ? 
 
 See Farrar upon the Fourteenth Amendment, 448, 449. 
 
 As to the speculative question, What is to be the future of 
 the negroes ? an opinion would be as hazardous as would have been 
 an uninspired prophecy as to the future of the Jews the day they 
 crossed the Eed Sea. 
 
 286. The editor of the foregoing notes cannot dismiss the sub- 1-278. 
 ject without a few general remarks, which have suggested them- What are 
 selves during the years of study necessary to the preparation of th S e ? eral 
 such a work. These reflections will be confined to the changes in |J , c e tlol] 
 the organism of the government, silent and conventional. The editor ? 
 first reflection is, that in the choice of President the expectations What as to 
 of the framers of the Constitution have been disappointed. The the choice 
 choice was intended to be left to the electoral colleges uninfluenced S ie u 
 by a previous canvass. It was probably expected that a failure to 
 agree would be the rule not the exception and that the choice 
 would devolve upon the House, and be made by States as co-equals. 
 The first disagreement led to a change of principle. The conven 
 tion system of nominations has destroyed the influence of the 
 small States, and transferred the selection of candidates to the large 
 States. The contest is really directly for the candidates, and the 
 electors are but conduit pipes, fearfully responsible to their direct 
 constituents to whom they stand pledged. 
 
 The next noticeable fact has been the increase, and now the cur- 184-186. 
 tailment, of the President s power and patronage. The appointing 
 to office was always a prerogative of the crown. The power to 
 remove officers at pleasure, at first doubtfully exercised, has become 
 a fearful engine of party. The tenure-of-office law has attempted 184. 
 to check the exercise of the power without reaching the root of the 
 evil. But the mischief lies not so much in the constitutional powers 
 of the President, as the too common error that the administration What is the 
 is the government. Upon this fallacy of not living " under Lincoln to common 
 rule," the Southern heart was fired unto resistance and civil war ; thopower 
 the same popular fallacy has controlled in the same section in the <f the 
 contest between the President and Congress. So that whether the President? 
 
294 
 
 CONCLUSION, 286. 
 
 What of tho 
 
 judicial 
 
 power? 
 
 195, 275. 
 
 What revo 
 lutions havt 
 marked the 
 history of 
 the govern 
 ment? 
 229-232. 
 
 138. 
 
 133. 
 
 233-235. 
 
 executive sympathies are against or for us, we overrate his powers 
 for evil or good. Like all other magistrates, the President is 
 obliged to be controlled by the Constitution and the laws of the 
 land. 
 
 The third noticeable fact is, that the judicial jurisdiction and 
 influence have been rather increased and enlarged than diminished. 
 The reports of this branch of the government stand as vast monu 
 ments of learning. They are more permanently and generally 
 accessible to the people than the expositions of the other depart 
 ments. In a country where the legal profession exert so mighty 
 an influence, they are regarded as more authoritative than other 
 precedents, because the exact demarcations of judicial power are 
 not clearly understood. 
 
 The revolutions which have marked the history of the govern 
 ment will be found in the several constitutional amendments, in 
 the acquisition of foreign territory, the annexation of Texas, the 
 history of the rebellion and the consequences which have followed. 
 The acquisition of territory led to the creation of " colonial govern 
 ments," or "inchoate States " (generally confused under the unde 
 fined title of " Territories"), and a series of legislation for which 
 no direct constitutional grant could be found ; and which conse 
 quently caused a rapid concentration of central power. Each now 
 revolutionary fact has excused an exercise of the supposed " neces 
 sary and proper " legislation. These were incidents of national 
 sovereignty which, perforce, revolutionized the public ideas of 
 the country. Tho same may be said of the practical necessity 
 which crushed the theory of secession. Sundry express powers 
 were specially granted in the Constitution. To protect and shield 
 these for the benefit of the whole people, all of the incidental neces 
 sary powers had to bo exerted. And, in such a contest, the lead 
 ing actors can never nicely discriminate. So that if it should be 
 come necessary to revolutionize States or change State boundaries 
 and organizations, for safety, hereafter, we have the living prece 
 dents. 
 
 And yet the candid student must admit that our Constitution 
 and Union still stand as the same glorious fabric, with the powers 
 of departments clearly defined ; with whole bills of rights unim 
 paired; with new guaranties for liberty; with human slavery 
 stricken out of the instrument; and with a continuing struggle to 
 protect the political equality of all. The nation is mighty and 
 glorious among the great powers of the earth, and may it be per 
 petual. If I shall have contributed any thing to the study of 
 this great fabric, my prayers will have been answered. 
 
 JAN. 1, 1868. 
 
 GEO. W PASCHAL. 
 
ANALYTICAL INDEX. 
 
 The texts of the Constitution are arranged analytically and alpha 
 betically. The Articles, Sections, and Glauses are shown both as 
 to the Constitution noted and not noted. The Preface, Declara 
 tion of Independence, Articles of Confederation and the author s 
 notes are likewise copiously indexed. 
 
 Art sec. cl. pp, 
 
 ABANDONED lands. (S.-o Freedmen.) 
 
 ABATEMENT. Want of citizenship must be pleaded in, n. 206, p, 202 
 ABEYANCE. Offices when held in, n. 184, 3. 
 ABSENCE. In the absence of the Vice-President tbe Senate shall 
 
 choose, a President pro tern 1 3 5 24,78 
 
 Practice as to; list of Presidents pro tern., n. 38. 
 ABSENT members. A smaller number than a majority of either 
 
 House of Congress may compel the attendance of absent 
 
 members, in such manner, and under such penalties, as 
 
 each house may provide ..... 1 5 1 25, 84 
 
 ABSENT suitors. Effect of judgments against, not served, n. 218. 
 
 Not republican government to render judgment against, 
 
 n. 233. 
 ABSOLUTE rights of private property is an universal common law 
 
 principle, n. 258. 
 ABSOLUTELY necessary. The strongest qualification of necessary, 
 
 n. 162. Necessary not used in the sense of, n. 128, p. 139. 
 ACCEPT. No person holding any office of profit or trust under the 
 
 United States, shall, without the consent of Congress, 
 
 accept of any present, emolument, office, or title, of any 
 
 kind whatever, from any king, prince, or foreign States.. 198 31,152 
 Office defined, n. 151. U. S. Marshal cannot hold two 
 
 offices, n. 151, p. 153. To accept a new office vacates the 
 
 first, n. 63. A pardon must be accepted before it will take 
 
 effect, n. 177. 
 ACCOUNT. A regular statement and account of the receipts and 
 
 expenditures of all public money shall be published from 
 
 timototime 197 31,151 
 
 How these accounts are kept, n. 149. 
 ACCUSATION. In all criminal prosecutions, the accused to be 
 
 informed of the nature and cause of the accusation. 
 
 Amendments 6 44263 
 
 Accused defined and the subject discussed, n 260. 
 ACQUISITION of territory. A consequence of the war power, notes 
 
 118,274; and of the right to admit new States, n. 229. The 
 
 history and right to acquire discussed, n. 232. Revo 
 lutionary results of, n. 2S<5. 
 
 ACQUITTAL. No one shall be tried for the same crime after, n. 255. 
 ACT as President. In case of the removal, deatli, resignation, or 
 
 inability of both the President and Vice-President, the 
 
296 
 
 IXDEX. 
 
 Congress shall, by law, declare what officer shall then act 
 RS President, and such officer shall act accordingly until 
 the disability be removed, or a President shall be elected . 2 
 
 A list of the Vice-Presidents who have acted as Presi 
 dent, n. 172. The act of Congress regulating who shall 
 act. n. 172. 
 
 ACTION. (See Case, Suits.) 
 
 ACTS, records, and judicial proceedings. Full faith and credit shall 
 be given in each State to the public acts, records, and 
 judicial proceedings of every other State. And the Con 
 gress may, by general laws, prescribe the manner in which 
 such acts, records, and judicial proceedings shall be proved, 
 
 and the effect thereof 4 
 
 Full faith and credit defined, n. 218. The law of Con 
 gress for proving these nets, n. 219, p. 218. Must be under 
 the Great Seal, Id. Copied from the Confederation, p. 10. 
 
 ACTS of Congress. To regulate time and manner of electing 
 senators, n. 30. To fix a standard of weights and measures, 
 n. 102, p. 117. To regulate the tenure of office, n. 184. 
 Prescribing manner of proving laws, records. &c., n. 219. 
 The several reconstruction acts, n. 276. 
 Take effect from their approval by the President, n. 66. 
 
 ADAM, ANDREW, of Pennsylvania. Signed the Articles of Con 
 federation, p. 21. 
 
 ADAMS, JOHN. Delegate from Mass. Signed the Dec. of Ind. p. 7, 
 First Vice-President of U. 8., n. 37. Second President, u. 
 166. Messages of, as President, delivered to Congress in 
 person, n. 187. 
 
 ADAMS, JOHN QUINCY. Sixth President of the U. S., n. 166. 
 
 ADAMS, SAMUEL. Delegate from Mass. Signed the Dec. of Ind. p. 
 7; and the Articles of Confederation, p. 21. 
 
 ADAMS, THOMAS, of Virginia. Signed the Articles of Confedera 
 tion, p. 21. 
 
 ADJOURN from day to day. A smaller number than a majority of 
 
 each house of Congress may adjourn from day to day 1 
 
 ADJOURN. Neither house, during the session of Congress, shall, 
 without the consent of the other, adjourn for more than 
 three days, nor to any other place than that in which the 
 two houses may be sitting 1 
 
 ADJOURNMENT of the Congress of the Confederation not longer than 
 six months, Art. IX. p. 18. 
 
 ADJOURNMENT. If any bill shall not be returned by the President 
 within ten days (Sundays excepted) after it shall have 
 been presented to him, the same shall be a law, in like 
 manner as if he had signed it, unless the Congress by their 
 adjournment prevent its return, in which case it shall not 
 
 be a law 1 
 
 The President must receive the bill ten entire days 
 before, or it will not become a law, n. 69. 
 
 ADJOURNMENT. Every order, resolution, or vote, to which the 
 concurrence of the Senate and House of Representatives 
 may be necessary (except on a question of adjournment), 
 shall be presented to the President of the United States. 
 (For proceedings, see Jl evolution.) 1 
 
 ADJOURNMENT. In case of disagreement between the two houses 
 of Congress with respect to the time of adjournment, the 
 President may adjourn them to such time as he shall think 
 
 proper 2 
 
 This power has never been exercised, n. 188. 
 
 ADJUTANT-GKNERAL. An officer in the army, n. 124. 
 
 ADMINISTRATION. Effect of judgment and sales under, n. 161. 
 
 ADMINISTRATION of justice. He (George III.) has obstructed the 
 Dec. of Ind. p. 8. 
 
 ADMIRAL. Chief officer in the navy, n. 128. 
 
 ADMIRALTY and maritime jurisdiction. The judicial power shall 
 
 extend to all cases of admiralty and maritime jurisdiction . 8 
 Defined; extent of jurisdiction ; has been enlarged to 
 waters. n. 203. 
 
 Art. sec. cl. 
 
 pp. 
 84,169 
 
 88,213 
 
 25,84 
 
 7 2 27, 91 
 
 7 8 28, 93 
 
 8 86, 188 
 
 2 1 87,194 
 
INDEX. 297 
 
 Art. sec. cl. pp. 
 
 ADMITTED. New States may be admitted by the Congress into 
 
 this Union 4 3 1 30, 234 
 
 Effect of admission, n. 229. List of new States and dates 
 of admission, n 230. 
 
 ADOPTION of this Constitution. All debts contracted or engage 
 ments entered into before the adoption of this Constitu 
 tion, shall be as valid against the United States under this 
 
 Constitution as under the Con federation . 6 1 40, 247 
 
 This article explained, n. 237. When the States shall 
 have adopted the 14th constitutional amendment, n. 276, 
 p. 2S3, 5. 
 
 ADVICE and consent of the Senate. President shall have power, 
 by and with the, to make treaties and appoint ambassadors 
 
 and all other officers 222 85,174 
 
 When and how given, n. 17S. When necessary to an 
 appointment, n. 179. Ett ect of, in fixing tenure of office, n. 
 184, p. 179, 1. To advise upon suspension, if the Senate 
 refuse to concur, Id. 2. If the Senate fail to advise, the 
 office to remain in abeyance, n. 184, p. ISO, 3. (See Ten 
 ure of Office.) 
 AFFIRMATION. (See Oath or Affirmation, n. 242.) 
 
 AGE. Qualification for a representative in Congress, 25 years 122 23,64 
 
 See remarks upon, n. 46. 
 
 AGK. Qualification for a senator in Congress, 30 years. 1 3 S 24, 77 
 
 AGE. Qualification for President of the "United S tutes, 35 years... 214 34,169 
 
 35 years an indispensable requisite, n. 171. 
 AGE. Qualification for Vice-President of the United States, 85 
 
 years. Amendment* 12 1 46,164 
 
 AGREEMENT or compact. No State shall, without the consent of 
 Congress, enter into any agreement or compact with an 
 other State or a foreign power 1 10 3 32,161 
 
 Relates to what prohibitions ; may enter into what, n. 
 
 ALABAMA. Qualifications for suffrage in, n. 17, p. 58. Six repre 
 sentatives, by the census of 1860, n. 24. Population of, in 
 every decade, n. 24, pp. 69-71. Did not vote in the Presi 
 dential election of 1S64, n. 167. Admitted as a State, n. 
 230. Ratified 13th amendment, n. 274. Rejected 14th 
 amendment, n. 275. One of the non-reconstructed States, 
 n. 276. Its provisional government defined, n. 276, p. 286, 
 1. Action of its convention upon reconstruction, n. 
 277. Number of registered voters under the reconstruc 
 tion laws. n. 278. 
 
 ALIEN. A naturalized is a natural bornsubject, from birth, notes 274 
 
 ALIEN enemies. During war the inhabitants of each country are, 
 
 n. 118. The inhabitants of the insurgent and rebel States 
 
 were not during the rebellion, n. 213. 
 
 ALIENAGE is an indispensable element in the process of naturaliza 
 tion, n. 274, j>. 276. 
 ALIENS, or persons of foreign birth, not eligible as President or 
 
 Vice-President of the United States 214 84.167 
 
 Amendments 12 8 40,166 
 
 Effect of naturalization upon, notes 93, 209. Of what suits 
 
 courts have jurisdiction. Cannot maintain a real action ; de 
 fined, n. 209. May take and hold real estate, n. 209, p. 204. 
 
 May be made citizens by revolution or general law. The 
 
 Constitution provides for naturalization of, n. 167. See 
 
 Citizen, notes 19. 80, 35, 63. 69, 170. 206, 220,221, 274,275, 
 
 277. Negroes born in United States cannot he, n. 274. 
 ALLEGATION. Citizenship of different States must be averred to 
 
 give jurisdiction, n. 206. 
 ALLEGIANCE. Defined, n. 22<>, p. 164. An alien is one born out 
 
 of, n. 209. Treason is a breach of, n. 215. Native born 
 
 owe allegiance to the United States, n. 220. All persons 
 
 born in the, of the United States, are native citizens 
 
 thereof, n. 274. Paramount to the United States and 
 
 qualified to the States, n. 118, p. 129, Pref, p. xiii. Indians 
 
 13* 
 
298 INDEX. 
 
 Art. sec. cl. pp. 
 
 owe no, to tho United States, n. 92, p. 112. "That I will 
 bi-ar true faith and allegiance to the United States," n. 
 242, p. 251. Native born owe allegiance from their birth, n. 
 220, p. 2-25. Claim of allegiance to the Colonies and Great 
 Britain and how absolved, n. 274. p. 273. 
 
 ALLIANCE. No State shall enter into any alliance 1 10 1 81,153 
 
 This is a national power, n. 152. The same under tho 
 Confederation, Art. VI. p. 11. 
 
 ALMIGHTY GOD. "Looking to the favor and guidance of," n. 5, 
 p. 53. Eemark on this, n. 5. 
 
 AMBASSADORS. The President shall nominate, and by and with 
 the advice and consent of the Senate appoint, ambassa 
 dors, Ac 2 2 35,174 
 
 AMBASSADORS. The President shall receive ambassadors and other 
 
 public ministers 2 3 6,183 
 
 The power to receive, and other public ministers, carries 
 along with it the power to receive consuls, n. 188. 
 
 AMBASSADORS. The judicial-power shall extend to all cases affect 
 ing ambassadors, other public ministers, and consuls 3 2 1 37, 194 
 
 "Defined, n. 195. By what suits they are affected, n. 202. 
 
 AMBASSADORS. In all cases affecting ambassadors, other public 
 ministers, and consuls, the Supreme Court shall have 
 
 original jurisdiction 322 37,204 
 
 This clause explained, n. 210. No State under the Con 
 federation to receive without the consent of Congress, 
 Art. VI. p. 11. The Congress misht send and receive, 
 Art. IX. p. 14. 
 
 AMENDMENTS, as on other bills. All bills for raising revenue shall 
 originate in the House of Representatives; but the Senate 
 may propose, or concur with, amendments, as on other 
 
 bills........ 1 T 1 2T,30 
 
 the Constitution. The Congress, whenever two- 
 thirds of both houses shall deem it" necessary, shall pro 
 pose amendments to this Constitution, or, on the applica 
 tion of the legislatures of two-thirds of the several States, 
 shall call a convention for proposing amendments, which, 
 in either case, shall be valid, to all intents and purposes, 
 as part of this Constitution, when ratified by the legis 
 latures of three-fourths of the several States, or by con 
 ventions in three-fourths tnereof. as the one or the other 
 mode of ratification may be proposed by the Congress; 
 provided that no amendment, which may be made prior to 
 the year 1808. shall, in any manner, affect the first and 
 fourth clauses in the ninth section of the first article ; and 
 that no State, without its consent, shall be deprived of its 
 
 equal suffrage in the Senate 5 40, 246 
 
 In what way they have been proposed ; President s ap 
 proval not necessary, n. 236. Date and history of the, notes 
 244, 274. 275. Twelfth amendment, relative to election of 
 President, pp. 46, 164. Compared with original Constitu 
 tion, notes 163, 16S&. For amendments, see pp. 43-50, 
 164, 254-294, notes 245-286. 
 
 AMERICA. The Confederacy shall be "The United States of." 
 Art I. p. 9. 
 
 AMERICA. " We, the People of the United States," &c., " do ordain 
 and establish this Constitution for the United States of." 
 
 Preamble 22, 51 
 
 United States of, defined, n. 13. Preamble of the 
 Constitution of the Confederate States of America, n. 5, 
 p. 51. 
 
 ANDERSON, JOSEPH. Presiding officer of the Senate, n. 88, p. 79. 
 
 ANNIHILATION. Legislative bodies incapable of, Dec. of Ind. p. 3. 
 
 APPEAL. In disputes between States, Art. IX. p. 14. 
 
 APPELLATE jurisdiction. The Supreme Court shall have, both as 
 
 to law and fact. (See Supreme Court.} 3 2 2 87, 204 
 
 Defined ; can only be exercised under acts of Congress, 
 n. 211. 
 
 APPOINT. Each State shall appoint, in such manner as tho legis- 
 
INDEX. 
 
 Art. sec. cl. 
 lature thereof may direct, a number of electors. (See 
 
 Elector*.) 212 
 
 All the States now appoint electors by popular election, 
 n. 167. President s power to appoint defined, n. 179, pp. 175, 
 176. To appoint and commission are not the same thing, 
 n. 179, p. 176. The power to appoint carries the power to 
 remove, n. 184. p. 178; but this is restricted bv the Civil 
 Rights Bill, n. 184, p. 179, 1, 2. Duty of the" President 
 to appoint commanders of military districts under the 
 reconstruction laws, n. 276, p. 282, 2. The commanding 
 general of each district shall appoint boards of registration, 
 n. 276, p. 282, 4. 
 
 APPOINTED. No senator or representative shall, during the time 
 for which he was elected, be appointed to any civil office 
 under the authority of the United States, which shall have 
 been created, or the emoluments of which shall have been 
 
 increased durinsr such time.. 1 6 2 
 
 To accept such office vacates his seat, n. 62, 63. (See 
 Office.) 
 
 APPOINTKD. No senator or representative, or person holding an 
 office of trust i-r profit under the United States, shall be 
 appointed an elector 212 
 
 APPOINTMENT of officers of the militia reserved to the States re 
 spectively 1 8 16 
 
 This power discussed, n. 135. This power ceases when 
 the citizens arc conscripted, n. 118, p. 132. 
 
 APPOINTMENT of electors of President and Vice-President of the 
 
 United States. (See Appoint.) Amendments 12 
 
 APPOINTMENTS. The executives of States may make temporary 
 appointments of Senators in the recess of the legislatures 
 
 thereof to fill vacancies 1 3 2 
 
 He cannot make an appointment to fill a prospective 
 vacancy, n. 33. 
 
 APPOINTMENTS. The President shall nominate, and by and with 
 the advice and consent of the Senate, shall appoint, ambas 
 sadors, other public ministers, and consuls, judges of the 
 Supreme Court, and all other officers of the United States 
 whose appointments are not herein otherwise provided for, 
 and which shall be established by law. But the Congress 
 may by law vest the appointment of such inferior officers, 
 as they think proper, in the President alone, in the courts 
 
 of law, or in the heads of departments 222 
 
 Tliis duty is imperative, n. 179, p. 175. Without a com 
 mission there is no appointment. Nomination and appoint 
 ment are voluntary acts, n. 179, p. 176. President may 
 make temporary, during suspension, n. 184, p. 179. 2. 
 
 APPOI-XTMENTS. The President shall have power to fill up all 
 vacancies that may happen during the recess of the Senate, 
 by granting commissions (or appointments), which shall 
 
 expire, at the end of their next session 2 2 8 
 
 The subject discussed and explained; "vacancy" de 
 fined, n. 185. Such appointments continue during the 
 session, n. 1S6. 
 
 APPORTIONED. Representatives and direct taxes to be apportioned 
 
 among the several States according to their respective j 128 
 
 numbers, fcc. Amendments. (14 2 
 
 Defined, n. 23. (See Representatives. ) 
 
 APPORTIONMENT. Ratio for, through each decade, notes 21, 230. 
 Direct taxes to be laid by the rule of, notes 22, 144. The, 
 of Representatives under census of I860, n. 24. 
 
 APPRAISEMENT and stay laws unconstitutional, n. 160. 
 
 ALM-KENTICES are "persons held to service," n. 226. 
 
 APPROPRIATION of money to the use of armies shall not be for a 
 longer period than two years. Mav be for a shorter period, 
 n. 126 ". 
 
 APPROPRIATIONS. No money shall be drawn from the Treasury 
 but in consequence of appropriations made by law. and a 
 egular statement and account of the receipts and expendi- 
 
 pp. 
 
 82,164 
 
 2T, 90 
 
 82,164 
 29,135 
 
 46,164 
 24,76 
 
 35,174 
 
 86,132 
 
 26, C7 
 
 48, 279 
 
 1 8 12 29,130 
 
300 
 
 INDEX. 
 
 Art. sec. cL 
 
 pp. 
 31, 151 
 
 27,91 
 
 2T,91 
 
 28,93 
 
 tares of all public money shall be published from time 
 to time ............... ............................... 1 
 
 "Money" defined, and Confederate Constitution com 
 
 pared, n. 149, p. 151. Money iu the post-office is within 
 
 the restriction, n. 149, p. 152. 
 APPROVAL of President makes a bill law, n. 66. 
 APPBOVED. Every bill which shall have passed the House of Rep 
 
 resentatives and the Senate, shall, before it become a law, 
 
 be presented to the President. If he approve, he shall 
 
 sign it. (See Veto.) ................................... 1 
 
 Every bill takes effect prospectively from the time it is 
 
 approved, n. 66. 
 APPROVED. Any bill returned by the President with objection, 
 
 may become a law if approved by two-thirds of both 
 
 houses of Congress ...................................... 1 
 
 The veto power and its history, n. 67. Two-thirds of a 
 
 quorum is sufficient, n. 68. 
 APPROVED. Every order, resolution, or vote to which the concur 
 
 rence of the Senate and House of Representatives may 
 
 be necessary (except on a question of adjournment), shall 
 
 be presented to the President of the United States to be 
 
 approved or disapproved by him ____ , ................... 1 
 
 A joint resolution becomes a law, n. 70. 
 ABE. Is 100 square meters, n. 102, p. 119, 2. 
 ABKANSAS. Qualification of suffrage in, n. 17, p. 60. Three rep 
 
 resentatives, by census of 1860, n. 24, p. 6S. Population of; 
 
 in each decade, n. 24, pp. 69, 70. Did not Vote in the presi 
 
 dential election of 1S64, n. 167. Assigned to the eighth 
 
 judicial circuit, n. 197. Admitted into theUnion, n. 230. 
 
 Its history during the rebellion, n. 235. Ratified the 13th 
 
 amendment, n. 274; and rejected the 14th, n. 275. One 
 
 of the non-reconstructed States, n. 276, 1. Its provisional 
 
 government defined, n. 276, p. 286. Number of registered 
 
 voters, n. 278. 
 
 ARMED troops. For quartering large bodies of, Dec. of Ind. p. 4. 
 AKMIES. Congress shall have power to raise and support 
 
 armies, but no appropriation of money to that use shall be 
 
 for a longer term than two years ......................... 1 8 12 29,130 
 
 This power did not exist under the Confederation, n. 122. 
 
 The rights of enlistment and conscription ; extent of 
 
 this power, n. 125. Limitation on appropriations for, n. 
 
 ARMING. Congress shall have power to provide for organizing, 
 
 arming, and disciplining the militia ............ .......... 1 8 16 29,135 
 
 The extent of this power defined, u. 134, 135. 
 ARMS. The right of the people to keep and bear arms shall not be 
 
 infringed. Amendments ................................ 2 43,256 
 
 This is a national right ; does not give the right to carry 
 concealed weapons, n. 249. 
 ABMY. Congress shall have power to make rules for the govern 
 
 ment and regulation of the land and naval forces ....... 1 8 14 29,133 
 
 "Rules" defined, n. 129. Defined; and rank and grade 
 in, n. 124. 
 ARMY. The President shall be commander-in-chief of the army. 2 2 1 35, 171 
 
 Why this power was conferred. Need not command in 
 person. What rules he may establish, n. 175. 
 
 ARMY. No soldier shall, in time of peace, be quartered in any 
 house without the consent or the owner, nor in time of 
 war, but in a manner to be prescribed by law. Amend 
 ments.. ................................................ 3 44,256 
 
 This relates to armies, n. 250. 
 
 ABMY or Navy. No person shall be held to answer for a capital or 
 otherwise infamous crime, unless on a presentment or 
 indictment of a grand jury, except in cases arising in the 
 land or naval forces, or in the militia, when in actual ser 
 vice, in time of war or public danger. Amendments ...... 5 44, 258 
 
 The extent of this exception defined and discussed, notes 
 
INDEX. 301 
 
 Art. sou. cl. pp. 
 
 ABBEST. Senators and representatives shall, In all cases except 
 treason, felony, and breach of the peace, be pri vile-red from 
 arrest during their attendance at the sessions of their re 
 spective houses, and iu going to and returning from the 
 same ... 161 26,88 
 
 The privilege extends to all civil process, n. 57. The 
 privilege commences from the election, n. 09, and pro 
 tects the member who loses his seat on contestation, 
 n. 60. All persons under military arrest, to be tried with 
 out unnecessary delay, and how, n. 276, p. 2S2, 4 When 
 the President may order military arrests, n. 165. 
 LS, fcc. Congress shall have power to exercise exclu 
 sive legislation over arsenals, Ac 1 8 17 80,136 
 
 Extent of jurisdiction over, defined and discussed. The 
 power to legislate carries the power to make it effectual, n. 
 137. 
 
 Confederation and perpetual Union, pp. 8, 21. 
 
 The preamble to, pp. 8, 9. By what States, p. 9. Style 
 of. Art. I. p. 9. 
 
 Each State retains its sovereignty, Ac., Art. II. p. 9. A 
 firm league of friendship, Art. Ill p. 10. 
 
 For common defense, the security of their liberties, and 
 general welfare, Art. III. p. 9. Who entitled to the priv 
 ileges and immunities of free citizens, Art. IV. p. 10. Freo 
 ingress and egress, Ac., Id. Fugitives from justice to be 
 delivered up, Id. Full faith and credit to acts, records, 
 and judicial proceedings, of the courts of each State, 
 Id. Delegates to Congress to be appointed, and how, 
 Id. Not less than two nor more than seven members, 
 Art. V. p. 10. Qualifications of delegates, Id. Each State to 
 maintain its delegates, Id. And have one vote, Id. Free 
 dom of speech, of debate, and from arrests, Id. In 
 hibitions upon the States, Art. VI. pp. 11, 12, 13. Officers 
 under the rank of colonel to be appointed by the legis 
 lature, Art. VII. All chanres of war and other expenses, 
 how levied, Art. VIII. p. 13. The powers of the United 
 States in Congress, and mode of proceeding. Art. IX. pp. 
 14-19. To determine, peace and war, ambassadors, treaties, 
 captures, prizes, marque and reprisal, piracies, felonies, 
 and appeals, Art. IX. p. 14 Controversies between States, 
 and the mode of hearing and settlement, Art. IX. pp. 14, 
 15. And grants by different States, Id. p. 16. Coin, 
 weights, and measures, Indians, post-offices, and postage, 
 Id. Officers above regimental, Art. IX. pp. 16, 17. "A 
 Committee of the States," other committees, and civil offi 
 cers. To borrow money, emit bills of credit, &c., Art. IX. 
 p. 17. The navy and army, Id. Quotas, how arranged. 
 Id. p. 18. Restrictions upon Congres\ without the assent 
 
 of nine States, Id. What upon majority, Id. The power 
 and limitations on adjournment; yeas and nays, and pub 
 lication of journal, Art. IX. p. 19. The powers of the Com 
 mittee of the States. Art. X. p. 19. Canada and other 
 States, how admitted, Art. X. p. 19. The debts of tho 
 government, how guarantied, Art. XII. p. 19. The States 
 to abide the determinations of Congress, Art. XIII. p. 20. 
 Union perpetual, Id. Articles inviolably observed, Id, 
 Alterations, how made, Id. Eatification of the articles, 
 p. 20 ; Signers, p. 21. 
 
 AF.TS. Congress shall have power to promote the progress of 
 science and useful arts, by securing, for limited times, to 
 authors and inventors, the exclusive right to their re 
 spective writings and discoveries ". 188 29,121 
 
 To promote, progress, arts, science, and authors, defined, 
 n. 107. Art distinguished from science, n. 107, p. 122. In 
 ventors defined, 108. Patents liberally construed, 108. 
 The laws on the subject. Id. 
 
 ASSEMBLE. Congress shall assemble at least once in every year, 
 
302 
 
 INDEX. 
 
 Art, sec. 
 on the first Monday in December, unless they shall by law 
 
 appoint a different day 1 4 
 
 The sessions now defined by law, n. 43. 
 
 ASSEMBLE. Congress shall make no law abridging the right of 
 the people peaceably to assemble and to petition the gov 
 ernment for a redress of grievances. Amendments 1 
 
 This right discussed, n/248. 
 
 ATCHISON, DAVID K. Presiding officer of Senate, n. 38, pp. 80, 81. 
 ATTAINDER. No bill of attainder or eas post facto law shall be 
 
 passed 1 9 
 
 Bill of, defined and discussed, n. 142, pp. 146, 147. 
 
 ATTAINDER. No State shall pass any bill of attainder, &c 1 10 
 
 These terms relate to criminal laws only, n. 156. 
 ATTAINDER of treason. The Congress shall have power to declare 
 the punishment of treason, but no attainder of treason 
 shall work corruption of blood or forfeiture, except during 
 
 the life of the person attainted 8 3 
 
 " Corruption of blood" defined, n. 217. 
 ATTENDANCE. Loss than a quorum of either house may compel 
 
 the attendance of absent members 1 5 
 
 Either house may compel attendance of witnesses, n. 49. 
 ATTENDANCE. Members of Congress privileged from arrest during 
 
 their attendance nt sessions, &c. (See Arrest.) 1 6 
 
 AUTHENTICATION of records, acts, and judicial proceeding* of 
 
 States 4 1 
 
 The act of Congress prescribing the mode of, n. 219, p. 
 221. Of legislative acts, n. 219, p. 218. The whole sub 
 ject fully discussed, Id. 
 AUTHORITY. Paramount, of the United States over the provisional 
 
 governments of the rebel States, n. 276, p. 283. $ 6. 
 AUTHORS ma) secure exclusive rights to their writings for a limited 
 
 time 
 
 Defined, n. 107. No exclusive property in a published 
 work except under an act of Congress, Id. 
 
 BAIL. Excessive bail shall not be required, nor excessive fines 
 imposed, nor cruel and unusual punishments inflicted. 
 
 Amendments 8 
 
 See notes 12, 245, 275. The question of ability to be 
 considered ; the fifty-dollar fine under the internal revenue 
 law is not excessive; six months imprisonment is not cruel, 
 n. 267. The President cannot appoint commissioners of, 
 n. 183, p. 178. 
 
 BALD-WIN, ABRAHAM. Deputy from Georgia. Signed this Constitu 
 tion, pp. 43, 252. Presiding officer of the Senate, n. 38, 
 p. 79. 
 
 BALDWIN, HENRY. One of the supreme judges, n. 197, p. 193. 
 
 BALLOT. The electors shall vote by ballot for President nnd Vice- 
 President of the United States. They shall name in their 
 ballots the person voted for as President, and, in distinct 
 ballots, the person voted for as Vice-President. Amend 
 ments 12 
 
 BALLOT, If no person have a majority of the electoral votes, the 
 House of Representatives shall choose, immediately, by 
 ballot, the President. Amendments 12 
 
 BANISTER, JOHN, of Virginia. Signed Articles of Confederation, p. 21. 
 
 BANKRUPT defined literally, n. 91, p. 113. 
 
 BANKRUPTCIES. Congress shall haVe power to establish uniform 
 laws on the subject-of bankruptcies throughout the United 
 
 States 1 
 
 Defined, n. 94, 95, pp. 113, 114. The States may pass, 
 under restrictions, n. 96. 
 
 BANK bills are not bills of credit, n. 154. The repeal of a bank chnr- 
 ter does not necessarily impair the contract, n. 157, p. 156. 
 
 BANKS. The State may repeal" their charters, when, n. 157, p. 155. 
 
 BANKS, national. The States may tax the interest of the share 
 holders, n. 74. As to the power of Congress to create, 
 n.80. 
 
 cl. 
 
 2 
 
 pp. 
 25,83 
 
 43,254 
 
 31. 14C 
 81,153 
 
 38, 213 
 25,84 
 
 26,88 
 38, 213 
 
 188 29,121 
 
 45,26T 
 
 46,164 
 40,165 
 
 28,112 
 
INDEX. 303 
 
 Art sec. cL pp. 
 
 BANKS, NATHANIEL P. Speaker of the House, n. 26. p. 73. 
 BARBOIH:, JAMES. Presiding officer of the Senate, n. 33, p. 79. 
 BAKBOUK, PHILIP P. Speaker of the House of Representatives, 
 
 n. 26. One of the supreme judges, n. 197, 193. 
 BARTI.KTT, JOSIAH, of N. II. Signed the Dec. of Ind. p. 7; and 
 
 Articles of Confederation^ p. 21 . 
 BASSETT, RICHARD. Deputy from Delaware. Signed this Constitu 
 
 tion, pp. 42, 252. 
 BEDFORD, Jr., GUNNING. Deputy from Delaware. Signed this Con 
 
 stitution, pp. 42, 252. 
 
 BTCLL. JOHN. Speaker of the House, n. 26, p. 73. 
 BENJAMIN, JUDAII P. Expelled from the Senate, n. 50. 
 BILL of attainder. No bill of attainder or ex post facto law shall 
 
 be passed .............................................. 1 9 8 81 
 
 (See Attainder, n. 142.) Inflicts legislative punishment 
 
 without a legal trial, n. 142, pp. 146, 147. The Missouri 
 
 constitutional test oath is a hill of attainder, Id. 
 BILL. Civil Rights, n. 6. Constitutional; discussed and explained, 
 
 n. 274. Tenure of office, n. 184, p. 179. 
 BILL. Every bill which shall have passed the House of Represen 
 
 tatives and the Senate shall, before it become a law, be 
 
 presented to the President of the United States; if he 
 
 approve, he shall sign it. but if not, he shall return it, with 
 
 his objections, to that house in which it shall have origi 
 
 nated, who shall enter the objections at large on their 
 
 journal, and proceed to reconsider it. If, after such recon 
 
 sideration, two-thirds of that house shall agree to pass the 
 
 bill, it shall be sent, together with the objections, to the 
 
 other house, by which it shall likewise be reconsidered, 
 
 and if approved by two-thirds of that house, it shall be 
 
 come a law. But in all such cases, the votes of both 
 
 houses shall be determined by yeas and nays, and the 
 
 names of the persons voting for and against the bill shall 
 
 be entered on the journal of each house, respectively ..... 1 7 2 27, 91 
 When bills take effect, n. 66. Veto or negative defined, 
 
 n. 67. History of the subject, Id. 
 BILL. If any bill shall not be returned by the President within 
 
 ten days (Sundays excepted) after it shall have been pre 
 
 sented to him, the same shall be a law, in like manner as 
 
 if he had signed it, unless the Congress, by their adjourn 
 
 ment, prevent its return, in which case it shall not be a 
 
 law .................................................... 1 7 2 27,91 
 
 There must be ten entire days. n. 69. 
 BILL. Every order, resolution, or vote, to which the concurrence 
 
 of the Senate and House of Representatives may be neces 
 
 sary (except on a question of adjournment), shall be pre 
 sented to the President of the United 
 
 States; and, before 
 
 the same shall take effect, shall be approved by him, or, 
 
 being disapproved by him, shall be repassed by two- 
 
 thirds of the Senate and House of Representatives, accord 
 
 ing to the rules and limitations prescribed in the case of a 
 
 bill .................................................. 1 7 8 28, 93 
 
 Joint and concurrent resolution defined, n. 70. 
 BILLS. All bills for raising revenue shall originate in the House 
 
 of Representatives, but the Senate may propose or concur 
 
 with amendments, as on other bills .. ................ 1 7 1 27,90 
 
 Copied, n. 64. Revenue defined, n. 65. 
 BILLS of credit. No State shall emit bills of credit .............. 1 10 1 81,153 
 
 Defined and discussed, n. 154. Proposed in the clause to 
 
 borrow money, n. 82. And to coin money, n. 97. 
 BILLS of credit. Not" to be emitted by Congress, under the Con 
 
 federation, without the consent of iiine. States, Art IX. 
 
 p. 18. What, assumed by the Confederation, Art. XI I. p. 19. 
 BINGHAM, WILLIAM. Presiding officer of the Senate, n. 38, p. 78. 
 BLAIR, JOHN. Deputy from Virginia. Signed this Constitution, 
 
 pp. 42, 252. 
 BLESSINGS of liberty, to ourselves and posterity. Preamble ..... 22,51 
 
 Defined, n. 12. 
 
304 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 
 BLOOD. No attainder of treason shall work corruption of blood or 
 
 forfeiture, except during the life of the person attainted 3 3 2 88, 213 
 
 Corruption of blood defined, n. 217. 
 
 BLOUNT, WILLIAM. Deputy from North Carolina. Signed this Con 
 stitution, pp. 42, 252. Expelled from the Senate, n. 42. 
 Tried on impeachment, n. 89. His offense, n. 194. Dis 
 missed for want of jurisdiction, n. 194. 
 
 BOND given to "fill up avacancv" does not cover matters after 
 nominat on and confirmation, n. 186. 
 
 BORROW money. Congress shall have power to borrow money on 
 
 the credit of the United States 182 28,103 
 
 How it originally read. n. 83. Authorizes bills of credit, 
 n. 84. And to issue treasury notes and to make them 
 legal tenders, n. 84. That subject discussed, Id. The 
 sums borrowed and owing, n. 72. The treasury notes an 
 equivalent of coin, n. 84, p. 105. Money defined, n. 98. 
 (See Money, notes 97-100.) 
 
 BOTTND. Persons bound to service for a term of years, included in 
 
 representative numbers 128 23,67 
 
 See full notes upon, notes 226-228. 
 
 BOYD, LYNN. Speaker of the House, n. 26, p. 78. 
 
 BRADFORD, WILLIAM. Presiding officer of the Senate, p. 78. 
 
 BRADLEY, STEPHEN R. Presiding officer of the Senate, n. 38, 
 p. 79. 
 
 BRAXTON, CARTER, of Virginia. Signed the Dec. of Ind. p. 8. 
 
 BREACH of the peace. For a breach of the peace, a senator or 
 
 representative may be arrested 1 6 1 26,88 
 
 For any indictable offense, n. 56. 
 
 BREARLEY, DAVID. Deputy from New Jersey. Signed this Consti 
 tution, pp. 42, 252. 
 
 BRECKINRIDGE, JOHN C. Vice-President, n. 37, p. 78. 
 
 BRIBERY. All civil officers shall be removed from office on im 
 peachment for, and conviction of, bribery, &c 2 4 1 86, 185 
 
 Bribery defined, n. 193. 
 
 BRIDGES. A charter for is a contract, n. 154, p. 156. A railroad 
 bridge is not a bridge within the statutes of 1790, Id. 
 
 The power of Congress to build, is not found in the 
 Constitution. It exists in the States, n. 89. But Congress 
 may regulate those over navigable waters, n. 89, p. 108. 108 
 
 BRIGADIKR-GENERAL. Ten in the army, n. 124. Not less than a 
 Brigadier to be assigned to command the Districts in the 
 rebel States, n. 276, p. 282, 2. 
 
 BRIGHT, JESSK D. Presiding officer of the Senate, n. 38, p. 81. Ex 
 pelled from the Senate, n. 50. 
 
 BROOM, JACOB. Deputy from Delaware. Signed this Constitution, 
 pp. 42, 252. 
 
 BROWN, ALBERT G. Expelled from the Senate, n. 50. 
 
 BROWN, JOHN. Presiding officer of the Senate, n. 38, p. 79. 
 
 BUCHANAN, JAMES. President, n. 166. 
 
 BUILDINGS. Congress shall have power to exercise exclusive 
 legislation over needful buildings in places purchased by 
 
 the consent of the legislatures of the States 1 8 17 80,136 
 
 This includes the power of taxation, n. 36. And exclusive 
 jurisdiction. Id. But the title must be acquired with tho 
 consent of the State, n. 137. 
 
 BURR, AARON. Vice-President, n. 87. 
 
 BUSINESS. A majority of each house shall constitute a quorum to 
 
 do business 1 5 1 25,88 
 
 BUTLER, PIKRCK. Deputy from South Carolina. Signed this Con 
 stitution, pp. 42, 252. 
 
 CALHOUN, JOHN C. Vice-President. n. 3L 
 
 CALIFORNIA. Qualifications of electors, n. 17. Three representa 
 tives, by census of 1860, n. 24, p. 6S ; population of, through 
 each decade, pp. 69-71. Assigned to ninth judicial cir 
 cuit, n. 197. Effect of purchase upon citizenship, n. 220. 
 Admitted into the Union, n. 230. Ratified the 18th amend 
 ment, n. 274 ; and failure to act on the 14th, n. 275. 
 
INDEX. 305 
 
 Art. sec. cl. pp. 
 
 CAMPBELL, JOHN A. One of the Judges of the Supreme Court, 
 n. 197. 
 
 CANADA might be admitted into the Union of the Confederation, 
 Art. of Confederation, xi. p. 19. 
 
 CANDIDATES for the Presidency, spirit of the Constitution 
 changed as to, n. 286. 
 
 CAPACITY of measures for liquids, n. 102, p. 118, 2. 
 
 CAPITAL crime. No person shall be held to answer for a capital 
 or otherwise infamous crime, unless on a presentment or 
 indictment of a grand jury, except in cases arising in the 
 land or naval forces, or in the militia, when in actual ser 
 vice in time of war or public danger. Amendments 5 44,258 
 
 " Person " excluded slaves. Presentment or indictment 
 applies to all offenses against the United States. Pre 
 sentment, indictment, and grand jury, defined, n. 253. 
 The exception denned and discussed, n. 254. Twice in 
 jeopardy defined and discussed, n. 255. Witness against 
 himself would be contrary to justice, n. 257. "Without 
 due process of law," fully defined and discussed, n. 257. 
 Piracy is a capital offense, n. 111. Is in restraint of legis 
 lative power, Id. n. 257. 
 
 CAPITATION tax. No capitation or other direct tax shall be laid, 
 unless in proportion to the census or enumeration herein 
 before directed to be taken 194 81,149 
 
 Capitation defined, n. 144. See also n. 22. Direct taxes 
 must be by the rule of apportionment, notes 22, 144. What 
 are direct taxes, Id. 
 
 CAPITATION tax. No amendment shall be made prior to 1808 to 
 
 affect the preceding clause 5 40, 246 
 
 CAPTAIN. A rank in the army, n. 124. In the navy, n. 128. 
 
 CAPTURES. Congress shall have power to declare war, to grant 
 letters of marque and reprisal, and make rules concerning 
 captures on land and water 1 8 11 29,127 
 
 CAPTURES on land and water under the Confederation, Art. IX. 14 
 
 p. 14. See notes 117-121. 
 
 CARE. The President shall take care that the laws be faithfully 
 
 executed 2 3 36,185 
 
 The reason of this power explained, n. 189. 
 
 CARROLL, CHARLES, of Maryland. Signed the Dec. of Ind. p. 7; 
 and the Articles of Confederation, p. 21. 
 
 CARROLL, DANIEL. Deputy from Maryland. Signed Articles of 
 Confederation, p. 21 ; and this Constitution, pp. 42, 252. 
 
 CATHOLIC CHURCH. Keduced from the established church in 
 Texas, n. 245. 
 
 CATRON, JOHN. One of the Associate Justices of the Supreme 
 Court of the United States, n. 197, p. 193. 
 
 CASES to which the judicial power shall extend. (See Judicial 
 
 Power.) 821 87,194 
 
 When a case arises, notes 199, 201. Defined, Id. Cases in 
 equity, n. 200. AftVctins ambassadors, 202. In admiralty 
 (see Admiralty), n. 202. Where the United States is a 
 party, 204. Between States, 205. Between a State and 
 citizens of another State 205a. Between citizens of dif 
 ferent States, 206. Between land grants of different 
 States, 207. Between a State and citizens, 208. Between 
 a State and aliens, or between aliens, &c., 209. The court 
 has not jurisdiction of every case. 210. 
 
 CAFSE. No warrant shall issue but upon probable cause. Amend 
 ments 4 44,257 
 
 Must be by authority of law, n. 251. Warrant defined, 
 n. 252. 
 
 CENSUS to be taken within three years after first meeting of Con 
 gress, and every ten years thereafter, in such manner as 
 
 they shall by law direct 1 2 3 23,67 
 
 Numbers under each, n. 24, pp. 68-71. Ratio each year, 
 n. 21. Number of representatives under, in 1860, n. 24, 
 p. 68. Defined ; has reference to numbers, n. 145. 
 
 CENSUS. No capitation or other direct tax shall be laid, unless in 
 
306 
 
 INDEX. 
 
 proportion to the census or enumeration hereinbefore 
 directed to be taken 
 
 CENSUS. No amendment shall be made prior to 1S08 to affect the 
 
 preceding clause 5 
 
 CENTARE. One square meter, n. 102, p. 117, 2. 
 
 CENTIGRAM. A measure of weight, n. 102, p. 118, 2. 
 
 CENTILITER. A measure of capacity, n. 102, p. 118. 2. 
 
 CKNTIMETKR. A measure of length, n. 102, p. 117, 2. 
 
 CESSION. On the cession by particular States of a district (not 
 exceeding ten miles square), and the acceptance of Con 
 gress, it may become the seat of government of the 
 
 United States 1 
 
 The District of Columbia was ceded, n. 136. The in 
 habitants are citizens, and taxable, notes 136, 137. 
 
 CHARGE of treason. A person charged in any State with treason, 
 Ac., who may flee from justice, to be delivered up and 
 
 removed to the State having jurisdiction of the crime 4 
 
 "Person" and "flee" defined, n. 223. The executive 
 cannot go behind the demand, n. 223. He cannot be 
 coerced by the Supreme Court, Id. The requisites of the 
 demand, Id. On what evidence shall be delivered up, Id. 
 
 CHARTERS. For taking away our, and abolishing our laws. Dec. 
 of Ind. p. 4. 
 
 CHASE, SALMON P. Chief-Justice of the Supreme Court, n. 197. 
 
 CHASE, SAMUEL, of Maryland. Signed the Dec. of Ind. p. 7. One 
 of the Associate Justices, n. 197, p. 193. Impeached; oath 
 on trial of, n. 39. History of his trial, n. 194, p. 188. 
 
 CHEVRS, LANGDON. Speaker of House of .Representatives, n. 26, 
 p. 73. 
 
 CHIEF-JUSTICE shall preside when the President of the United 
 
 States is tried on an impeachment by the Senate, the 1 
 
 (See n. 39.) 
 UEF-JUSTICES. List and ages of, of the Supreme Court, n. 197. 
 
 CHOOSING senators denned, n. 41. 
 
 CHOSF.N. (See Elected. &<;., n. 163.) Amendments 12 
 
 CHUBCH. Congress shall make no law respecting the establishment 
 
 of religion. Amendment 1 
 
 This cut down any established church, n. 245. 
 
 CHUSE. (See Elect, notes 41, 168.) 
 
 CIRCUITS of the United States Courts defined and judges allotted, 
 11.197, pp. 191,192. 
 
 CITIZEN of United States. No person shall be a senator in Con 
 gress who has not been nine years a citizen of the United 
 
 States 1 
 
 Shields rejected for want of nine years naturalization, 
 n. 35. (See n. 46.) 
 
 CITIZEN. If not in military service, guarantied the right of trial 
 
 Art sec. 
 1 9 
 
 by jury, n. 260. 
 
 *. No 
 
 CITIZEN. No person except a natural born citizen, or a citizen of 
 the United States at the time of the adoption of the Con 
 stitution, shall be eligible to the office of President 
 
 Not made by law, natural members of the body politic, 
 n. 169. The Constitution does not make the citizens it 
 is made by them, n. 169. Or a citizen of the United States 
 discussed and denned, n. 170. Citizen denned, n. 274. Citi 
 zen made by naturalization, n. 93. 
 
 CITIZENS. The judicial power shall extend to controversies be 
 tween a State and citizens of another State; between 
 citizens of different States; between citizens of the same 
 State claiming lands under grants of different States ; and 
 between a State, or the citizens thereof, and foreign States, 
 
 citizens, or subjects 
 
 (See n. 274.) A citizen cannot sue a State, n. 205a. They 
 must be citizens of the United States, n. 206. The situa 
 tion rather than character gives the jurisdiction, Id. Does 
 not embrace citizens of Territories and District of Colum 
 bia. It is enough that the grants were made by different 
 States, Id. The jurisdiction depends upon the character 
 
 pp. 
 
 81, 149 
 40,246 
 
 8 17 30, 136 
 
 38,229 
 
 25,81 
 
 46,164 
 43,254 
 
 24,77 
 
 1 5 84, 167 
 
 1 37, 194 
 
INDEX. 
 
 of the real parties, n. 208. Indian tribes not a State, Id. 
 The annexation of Texas made citizens of all. n. 209. 
 CITIZENS. The citizens of each State shall be entitled to all privi 
 leges and immunities of citizens in the several States 
 
 This is copied from the fourth Article of the Confedera 
 tion, p. 10. There is no authoritative definition of citizen, 
 notes 220, 274. Those who became such by the Revolution, 
 n. 220. (n 274, p. 273,) 1 ; the descendants of such, Id. 
 2; of Louisiana Territory, Id. 3; of Florida, Id. 4; 
 of Texas. Id. 5; of California. Id. 6; of Arizona, Id. 
 7; naturalized by special acts, Id. 8; the late slaves, 
 Id. 9, n. 274; the naturalized, Id. 10; certain Indians, 
 Id. 11; corporations, Id. 12; natural born and natural 
 ized, Id. 12, and n. 74. Privileges and immunities de- 
 ined, n. 221. The power of the States over the sub- 
 ct, Id. The rights are fundamental, Id. p. 226. 
 he question of those of African descent discussed, n. 
 ct of the guaranty, n. 
 law of his State into 
 
 Art. sec. cl. 
 
 307 
 
 PP. 
 
 IS 
 
 221. p p. 227, 228, and n. 274. The object of the srnaranty, n. 
 
 222. The citizen does not carry the la 
 another State, n. 222. 
 
 CITIZENS. The judicial power of the United States shall not be 
 construed to extend to. any suit in law or equity com 
 menced or prosecuted against one of the United States by 
 citizens of another State, or by citizens or subjects of any 
 
 foreign State. Amendments 11 
 
 The reason of this amendment, n. 270. Its effect was to 
 dismiss all pending suits, Id. 
 
 CITIZENS. All persons born or naturalized in the United States, 
 and subject to the jurisdiction thereof, are citizen!* of the 
 United States and of the State wherein they reside. No 
 State shall make or enforce any law which shall abridge 
 the privileges or immunities of citizens of* the United 
 States; nor shall any State deprive any person of life, 
 liberty, or property, without due process of law, nor deny 
 to any person within iis jurisdiction the equal protection 
 
 of the laws. Amendments 14 1 
 
 Defined, n. 274. When the right to vote at any election, 
 fee., is denied to any of the. (See Representatives.) 
 Amendments 14 2 
 
 CITIZENS. Used synonymously with "people," n. 6, p. 54. Negroes 
 not included, Id. p. 55; but, they are by the Civil Rights 
 Bill, notes 6, 274. None but allowed to vote in the Confeder 
 ate States, n. 16, p. 59. To be, a necessary qualification in 
 m;my States of the Union, n. 16, pp. 59-64. The eleven 
 different classifications of. n. 220. 
 
 CITIZENS. Commerce with foreign nations means commerce be 
 tween our citizens airt foreign citizens, n. 8T. 
 
 CITIZENSHIP does not give the right to vote, nor the want of it 
 invalidate it ; does not depend upon the legal capacity to 
 hold office; political rights in contradistinction to poli 
 tical powers, n. 18. A necessary qualification for a repre 
 sentative, n. 19. Senator, n. 35. President, n. 169. By 
 naturalization; extent of, notes 93, 274. The effect of 
 emancipation and the Civil Rights Bill upon, u. 274. 
 
 CIVIL office. (See Office.) 
 
 CIVIL officers. All civil officers of the United States shall be 
 removed from office on impeachment for, and conviction 
 of, treason, bribery, or other high crimes and mis 
 demeanors 2 4 
 
 Who are civil officers; strictly confined to ofiices of the 
 United States not members of Congress, n. 191. Treason 
 and briber} defined, n. 192. High crimes und misdemean 
 ors defined, notes 193, 194. The impeachments discussed, 
 n. 194. For what it may and may not be had. Impeach 
 ment of the President, n. 194. See Tenure of Office, n. 184. 
 
 CLA.IM. Fugitive slaves shall be delivered up on claim of the 
 
 party to whom they belong, &c 4 V 
 
 (See Fugitives and Slaves.) 
 
 46, 269 
 
 48, 279 
 48,279 
 
 36, 185 
 
 89,282 
 
308 
 
 ITTDEX. 
 
 CLAIMS. The Congress shall have power to dispose of and make 
 all needful rules and regulations respecting the territory 
 or other property belonging to the United States; and 
 nothing in this Constitution shall be so construed as to 
 prejudice any claims of the United States, or of any par 
 ticular State ............................................ 
 
 This subject fully discussed (see Territories ), notes 
 231, 232. The claims of Georgia and North Carolina were 
 referred to, n. 222. 
 
 CLASSES. The senators shall be divided as equally as may be into 
 three classes. (See Senators.) .......................... 
 
 The classification, whero found, and its objects, n. 34. 
 
 CLARK, ABRAHAM, of New Jersey. Signed the Dec. of Ind. p. 7. 
 
 CLARK, DANIEL. Presiding officer of the Senate, n. 38, p. 81. 
 
 CLAY, HENRY. Speaker of the House six years, n. 26, p. 73. 
 
 CLEAR. Vessels bound to or from one State shall not be obliged 
 to enter, clear, or pay duties in another .................. 
 
 This clause has reference to the coasting trade, n. 148... 
 
 CLINGAN, WILLIAM, of Pennsylvania. Signed Articles of Confed 
 eration. p. 21. 
 
 CLINTON, GEORGE. Vice-President, n. 37. 
 
 CLYMER, GEORGE. Deputy from Pennsylvania. Signed the Dec. of 
 Ind. p. 7 ; and this Constitution, pp. 42, 252. 
 
 COBB, HOWELL. Speaker of House of Representatives, n. 26. p. 73. 
 
 Com money. Congress shall have power to coin money, regulate 
 the value thereof, and of foreign coin .................... 
 
 Coin defined, n. 97. Money defined, n. 98. Substitute 
 for, n. 98. Counterfeiting, n. 98. As a legal tender dis 
 cussed, notes, 83, 97, 98, 99, 100, 155. 
 
 COIN money. No State shall coin money ........................ 
 
 For remarks on this see n. 152, and marginal figures 
 there. 
 
 COIN. (See Counterfeiting.) .................................... 
 
 Com. No State shall make any thing but gold and silver coin a 
 
 " 
 
 Art sec. cl. 
 
 pp. 
 
 tender inpayment of debts 
 
 But Congress may, notes 83, 84, 97-100, 155. 
 COLFAX, SCHUYLER. Speaker of the House, n. 26, p. 73. 
 COLLINS, JOHN, of Rhode Island. Signed Articles of Confedera 
 
 tion, p. 21. 
 COLLECT duties. Congress shall have power to lay and collect 
 
 duties, taxes, imposts, and excises ....................... 1 
 
 The full extent of this power considered (See Congress, 
 
 notes, 72 to 81), notes 22, 144. 
 
 COLLECTOR cannot hold the office of an inspector, n. 68. 
 COMMANDER-IN-CHIEF. The President shall be commander-in- 
 
 chief of the army and navy of the United States, and of 
 
 the militia of the several States, when called into the 
 
 actual service of the United States ...................... 2 
 
 Why this power given to one head ; need not command 
 
 in person, n. 175. When his power over the militia com 
 
 mences, n. 175. 
 COMMERCE. Congress shall have power to regulate commerce with 
 
 foreign nations, and among the several States, and with 
 
 the Indian tribes ....................................... 1 
 
 To regulate and commerce defined, n. 86. It In 
 
 cludes navigation, notes 86, 87 ; and certain railroads, n. 
 
 274. "With foreign nations" defined, n. 87, pp. 105, 106. 
 
 State license and other laws unconstitutional, notes 88, 89, 
 
 144. What navigable waters are public property, n. 89. 
 
 And railroads, n. 274. The concurrent powers of the States, 
 
 n. 89, p. 108, n. 144. The power among the States, n. 90. 
 
 And with the Indian tribes, defined and discussed, n. 91. 
 
 Not subject to State taxation, n. 91, p. 110. The Indian 
 
 relations defined, n. 92. 
 COMMERCE. No preference shall be given by any regulations of 
 
 commerce or revenue to the ports of one State over 
 
 those of another; nor shall vessels, bound to or from one 
 
 State, be obliged to enter, clear, or pay duties in another.. 1 
 
 2 89,233 
 
 24,76 
 
 6 81, 150 
 
 29,114 
 
 10 
 
 86 
 
 1 10 
 
 81,153 
 
 29, 118 
 81,153 
 
 28,94 
 
 85,271 
 
 28,105 
 
 81, 150 
 
INDEX. 
 
 Art. sec. cl. 
 
 Preference defined, n. 147. Inspection laws retained, Id. 
 Vessels bound defined, 148. 
 COMMEP.CE, inter-State. Was intended to be as free as possible, 
 
 n. 162. 
 
 COMMISSIONS. The President shall have power to fill all vacan 
 cies that may happen during the recess of the Senate, by 
 granting commissions, which shall expire at the end of 
 
 their next session 2 2 3 
 
 How vacancies may happen, n. 185. If they occur during 
 the recess, Id. If the Senate do not ratify, the office 
 remains in abeyance, n. 184, 3. 
 COMMISSIONS. The President shall commission all the officers of 
 
 the United States 231 
 
 When those rejected appointments expire, n. 186. 
 Do not embrace matters after nomination, n. 196. 
 The President shall commission all officers; this is not 
 appointing them, n. 190. 
 
 COMMITTEE of the States. Congress might appoint a; their pow 
 ers defined. Confederation, Art. IX 
 
 COMMON defense, &c. The Constitution established to provide for 
 
 the common defense, &c. Preamble 
 
 COMMON defense. Congress shall have power to provide for the 
 
 common defense 1 8 1 
 
 Preamble defined, n. 10. Omitted from the Confederate 
 preamble, n. 5. lietained among powers, Id. The power 
 discussed, n. 79. 
 
 COMMON law. In suits at common law, where the value in con 
 troversy shall exceed twenty dollars, the right of trial by 
 jury shall be preserved ; and no fact tried by a jury shall 
 be otherwise re-examined in any court of the United 
 States, than according to the rules of the common law. 
 
 Amendments 7 
 
 Common law is used in contradistinction to equity and 
 admiralty, notes 200, 263. Compared with other clauses, 
 denned, n. 263. Relates to proceedings in the federal courts 
 only ; the prohibition defined and discussed, n. 263, 
 Christianity is not a part of the, n. 245. 
 
 COMPACT. No State shall, without the consent of Congress, enter 
 into any agreement or compact with another State or a 
 
 foreign power 1 10 3 
 
 COMPACT. The Constitution created a government, not a mere 
 compact, Pref. p. viii. notes 2, 4. 
 
 Compact or agreement defined and discussed, n. 164. 
 COMPEL the attendance of absent members. A smaller number 
 than a quorum of each house may compel the attendance 
 of absent members, in such manner and under such pen 
 alties as each house may provide 5 1 
 
 COMPENSATION. The senators and representatives shall receive 
 a compensation for their services, to be ascertained by law, 
 
 and paid out of the Treasury of the United States 161 
 
 Of members, n. 53. How fixed, n. 54. 
 
 COMPENSATION of the President of the United States. The Presi 
 dent shall, at stated times, receive for his services a com 
 pensation which shall be neither increased nor diminished 
 during the period for which he shall have been elected, 
 and he shall not receive within that period any other 
 
 emolument from the United States, or any of them 2 1 7 
 
 Fixed at $25,000 per annum, n. 173. 
 
 COMPENSATION. The judges, both of the Supreme and inferior 
 courts, shall hold their offices during good behavior, and 
 shall, at stated times, receive for their services a compen 
 sation which shall not be diminished during their contin 
 uance in office 3 1 
 
 Fixed by statute, n. 198. 
 COMPENSATION. Nor shall private property be taken for public 
 
 use without just compensation. Amendments 5 
 
 What is just compensation, and how it must be made, 
 defined and discussed, n. 259. Public use defined, n. 258. 
 
 309 
 
 PP. 
 
 36,182 
 36,183 
 
 17,18 
 22,51 
 
 28,94 
 
 82, 161 
 
 25,84 
 
 26,88 
 
 36, 189 
 44,258 
 
310 
 
 INDEX. 
 
 Art. sec. cl. 
 
 COMPULSORY process. In all criminal prosecutions the accused to 
 have, compulsory process for obtaining witnesses in his 
 
 favor. Amendments 6 
 
 Compulsory process defined, n. 264. Why the assistance 
 of counsel, n. 265. 
 
 CONCUR. The Senate may propose and concur in amendments to 
 
 revenue bills, <fcc 1 7 1 
 
 The reason, n. 64. Revenue defined, n. 65. 
 
 CONCURRENCE. No person shall be convicted on an impeachment 
 without the concurrence of two-thirds of the senators 
 
 present 1 3 6 
 
 (See n. 39.) 
 
 CONCURRENCE. Every order, resolution, or vote, to which the 
 concurrence of the two houses may be necessary, shall be 
 
 presented to the President, except, &c 1 7 3 
 
 Explained ; why adjournment is excepted, n. 70. 
 
 CONFEDERACY. "The, style of this shall be The United States 
 of America. 1 " Was a firm league, of friendship. (See 
 Articles of Confederation. Art. I. p. 9.) 
 
 CONFEDERATION. Articles of, agreed to, notes 8, 9. 
 
 CONFEDERATION. No State shall enter into any confederation.... 1 10 1 
 
 Because it is a national power, n. 152. (See Agree 
 ment.) 
 
 CONFEDERATION. All debts contracted or engagements entered 
 into before the adoption of this Constitution, shall be as 
 valid against the United States under this Constitution as 
 
 under the Confederation 6 1 
 
 This was but asserting a general principle, n. 237. 
 
 CONFEDERATE States. Extracts from Constitution of, n. 5, p. 38; 
 n. 70, pp. 101, 202 ; n. 149, p. 151. Was not a de facto gov 
 ernment, n. 215. 
 
 CONFESSION in open court. No person shall be convicted of trea 
 son unless on the testimony of two witnesses to the same 
 
 overt act, or on confession in open court 381 
 
 (See Treason, notes 215, 216.) 
 
 CONFISCATIONS under foreign treaties are political questions, n. 
 199, p. 195. Under the laws of the Confederate States, 
 void, n. 213. 
 
 CONFRONTED. In all criminal prosecutions the accused shall enjoy 
 the right to be confronted with the witnesses against him. 
 
 Amendments 6 
 
 The accused defined, n. 260. The reason of witnesses, 
 261. 
 
 CONGRESS, United States. All legislative powers herein granted 
 
 shall be vested in Congress 1 1 
 
 The legislative power defined, n. 14. Distinguished 
 from the executive and judicial, notes 165, 199, 274. Con 
 gress defined and discussed, n. 15. 
 
 CONGRESS, United States. Shall consist of a Senate and House of 
 
 Representatives 1 1 
 
 CONGRESS, members of. (See Senators, Representatives.) Notes 
 16-46. 
 
 CONGRESS shall by law direct the manner in which the census or 
 
 enumeration of the people shall he made 1 2 3 
 
 For the numbers, see n. 24. Census defined, n. 144. 
 
 CONGRESS. The first Congress to consist of 65 members, from the 
 several States as mentioned herein. (See Representa 
 tives.) 1 2 3 
 
 For the numbers under the census of 1860, see n. 24, 
 pp. 68, 69. 
 
 CONGRESS. The time, places, and manner of holding elections for 
 senators and representatives, si all be prescribed in each 
 State by the legislature thereof; but the Congress may, 
 at any time, by law, make or alter such regulations, except 
 
 as to the places of choosing senators 141 
 
 How far this power has been exercised, n. 41. It cannot 
 give the right to say who shall vote, n. 41. 
 
 CONGRESS shall assemble at least once in every year, and such 
 
INDEX. 311 
 
 Art. sec. cl. pp. 
 
 meeting shall he on the first Monday in December, unless 
 
 they shall by law appoint a different day 142 25,83 
 
 The sessions defined by the law ot lbGT, n. 43. 
 CONORKSS of the United States: 
 
 Each house shall be the judge of the elections, returns, and 
 
 qualifications of its owe members, and a majority of each 
 
 shall constitute a quorum to do business; but n smaller 
 
 number may adjourn from day to day, and may be author 
 ized to compel the attendance of absent members, in such 
 
 manner and under such penalties as each house may 
 
 provide. 1 5 1 25,84 
 
 The elections, returns, and qualifications defined, notes 
 
 44, 45, 46, with reference to notes 19, 35, and 41. The dif 
 ferences betwee i the President and Congress presented, 
 
 n. 46. Superadded qualifications, n. 46, pp. So, 86. 
 Each house may determine the rules of its proceedings, punish 
 
 its members fin* disorderly behavior, and, with the concur 
 rence of two-thirds, expel a member. ... 152 26,86 
 
 TLj rules, where found, n. 47. This trives the power to 
 
 punish members and others for contempts, n. 48. S:tm 
 
 Houston s case, n. 48. Expulsion defined, n. 49. Expul 
 sion lor rebellion, n. 50. 
 Each house shall keep a journal of its proceedings, and from 
 
 time to time publish the same, excepting such parts as 
 
 may, in their judgment, require secrecy; arid the yeas and 
 
 nays of the members of either house, on any question, 
 
 shall, at the desire of one-fifth of those present, be entered 
 
 on the journal ... 1 5 3 26,87 
 
 The object of the journal, and yeas and nays, n. 51. 
 Neither house, during the session of Congress, shall, without 
 
 the consent of the other, adj urn for mure than three days, 
 
 nor to any other place than that in which the two houses 
 
 shall be sitting 154 26,88 
 
 The reasons of this rule, n. 52. 
 All bills for raising revenue shall originate in the House of 
 
 ^Representatives ; but the Senate may propose or concur 
 
 with amendments, as on other bills 1 7 1 27,90 
 
 The present compensation and reason, n. 53. Why 
 
 ascertained by law, n. 54 Privilege defined, n. 55. For 
 
 what otfenses not privileged, n. 56. To whom and how long 
 
 the privilege from arre.st extends, n. 57. The consequences 
 
 of arrest, n. 58. When the privilege commences, n. 59. 
 
 Contestants entitled to it, n. 60. Freedom of debate, n. 61. 
 
 To what confined, n. 61. p. 90. 
 
 Every bill which shall have passed the House of Representa 
 tives and the Seriate, shall, before it become a law, be pre 
 sented to the President of the United States ; if he approve, 
 
 he shall sign it; but if n^t, he shall return it, with his 
 
 objections, to that house in which it shall have originated, 
 
 who shall enter the objections at large on their journal, 
 
 and proceed to reconsider it 172 
 
 Bills take effect from approval, n. 66. The negative is 
 
 the veto power, n. 67, p. 92. Veto defined; its objects and 
 
 history, n. 67, pp. 92, 93. President Johnson s use of 
 
 it, Id. 
 If, after such reconsideration, two-thirds of that house shall 
 
 agree to pass the bill, it shall be sent, together with the 
 
 objections, to the other house, by which it shall likewise 
 
 be reconsidered, and if approved by two-thirds of that 
 
 house, it shall become a law 172 28,93 
 
 Two-thirds of a quorum sufficient, n. 68. 
 
 But, in all such cases, the votes of both houses shall be deter 
 mined by yeas and nays, and the names of the persons 
 
 Toting for and against the bill, shall be entered on the 
 
 journal of each house, respectively 172 28,93 
 
 If any bill shall not be returned by the President within ten 
 
 days (Sundays excepted) after it shall have been presented 
 
 to him, the same shall be a law, in like manner as if he 
 
312 
 
 INDEX. 
 
 had signed it, unless the Congress, by their adjournment, 
 prevent its return, in which case it shall not be a law 1 
 
 The President must have ten clear days, n. 69. 
 Every order, resolution, or vote, to which the concurrence of 
 the Senate and House of Representatives may be neces 
 sary (except on a question of adjournment), shall be pre 
 sented to the President of the United States, and, before 
 the same shall take effect, shall be approved by him, or, 
 being disapproved by him, shall be repassed by two-thirds 
 of the Senate and House of Representatives, according to 
 the rules and limitations prescribed in the case of a bill. . . 1 
 
 The effect of joint resolutions, and the reason of thia 
 rule, n. 70. 
 
 CONGRKSS SHALL HAVK POWER : 
 
 To lay and collect taxes, duties, imposts, and excises, to pay 
 the debts, and provide for the common defense and 
 general welfare of the United States; but all duties, im 
 posts, and excises shall be uniform throughout the United 
 
 States 1 
 
 Power defined and discussed, and the word compared 
 by marginal references, n. 71. Taxes defined, notes 22, 72, 
 144, which notes distinguish direct and indirect. The ex 
 tent of the power, n. 73. Of States over national banks, 
 n. 74. Duties defined, n. 75. Imposts defined, notes 75, 
 144. Excise defined and discussed, n. 77. Debts defined, 
 n. 78, p. 97. The amount each year, from the foundation 
 of the government, n. 78, pp. 97, 98. The debt, Nov. 1, 
 1867, n. 78, pp. 99, 100. To provide for the common de 
 fense defined, notes 10, 78. The doctrines of the different 
 schools, n. 79, p. 101. The Confederate States Constitu 
 tion. n. 79, pp. 101, 102. And general welfare defined, 
 notes 11, 80. Uniformity, notes 22. 81, 144, 145. 
 
 To borrow money on the credit of the United States 1 
 
 Each term defined, notes 82, 83. Under what laws 
 treasury notes have been issued. Money and legal ten 
 ders defined and discussed, notes 82, 83, 97, 98, 129, 155. Ex 
 amples of contracts payable in treasury notes, n. 84, pp. 
 104, 105. 
 
 To regulate commerce with foreign nations, and among the 
 
 several States, and with the Indian tribes 1 
 
 To regulate defined, n. 85. Commerce defined, n. 86. With 
 foreign nation s and the States defined, n. 106, pp. 105, 106. 
 The laws of States which violate, notes 88, 89. Eminent do 
 main, n. 89. Extent of judicial power over it, n. 89. Concur 
 rent powers of the States, n. 89, p. 108. The power as to 
 slaves, p. 90. Commerce with the Indian tribes, n. 91. Their 
 ownership of soil, n. 91. With the tribes defined, n. 91, 
 p. 110. Indians not subject to internal revenue tux, 
 p. 110. The subject discussed, n. 91, pp. 110, 111. The re 
 lations of the tribes defined, n. 92. 
 
 To establish an uniform rule of naturalization, and uniform 
 laws on the subject of bankruptcies throughout the United 
 
 States 1 
 
 Naturalization defined, n. 93. Carries expatriation, n. 
 93. The subject discussed, n. 274. Exclusive in Congress, 
 Id. Bankrupt defined, n. 94. And bankruptcy, n. 95. 
 The power of the States over the subject, n. 96. 
 
 To coin money, regulate the value thereof, and of foreign coin ; 
 
 and fix the standard of weights and measures 1 
 
 To coin and money defined, notes 97, 98. Is it the only 
 legal tender ? notes 82, 83, 84, 97, 98, 155. Coin has no 
 pledge of redemption, n. 98. History of regulating value, 
 n. 99. No express grant of power to make cold and silver 
 a legal tendt-r, n. 100. Intrinsic value, n. 100. To fix de 
 fined, n. 101. The acts of Congress on weights and 
 measures, n. 102, pp. 116, 117, 118. The metric system 
 authorized, n. 102, p. 117, 1. The tables, Id. 2. Mea- 
 Bures of length, Id. Of surface, Id. Of capacity, Id. p. 118. 
 
 Art. sec. 
 
 pp. 
 
INDEX. 313 
 
 Art. sec. cl. pp. 
 
 Of weights, n. 202, p. 118. A ton, n. 102, pp. 116, 118. 
 
 The spirit measure, n. 102, p. 116. 
 To provide for the punishment of counterfeiting the securities 
 
 and current coin of the United States 186 29,118 
 
 To establish post-offices and post-roads 187 29,119 
 
 To establish, defined and compared with the word else 
 where, n. 104 ; as in notes 8, 13. 93, 94, 95, 195, 243. 245. 
 
 Post-offices defined, and their history and present stand 
 ing given, n. 106. Post-roads defined, n. 106. 
 To promote the progress ot science and useful arts, by secur 
 ing, for limited times, to authors and inventors, the 
 
 exclusive right to their respective writings and dis 
 coveries 188 29,121 
 
 To promote, and every word and phrase, defined, n. 107, 
 
 pp. 121, 122. Inventors defined, and the law discussed, 
 
 n. 108. 
 
 To constitute tribunals inferior to the Supreme Court 189 29,124 
 
 To constitute, and tribunals, defined, and doctrine stated, 
 
 n. 109. When bound by State decisions, Id. 
 To define and punish piracies and felonies committed on the 
 
 high seas, and offenses against the law of nations 1 8 10 29, 124 
 
 "To define" defined, n. 110. To punish defined, and 
 
 death punishment stated, n. 111. Piracy and pirate de 
 fined, n. 112. Felony defined and discussed, 11. 113. High 
 
 seas defined, n. 114. Offenses against the law of nations 
 
 defined and discussed, n. 115. Law of nations defined, 
 
 n. 116. 
 To declare war, grant letters of marque and reprisal, and 
 
 make rules concerning captures on land and water 1 8 11 29, 127 
 
 War, civil war, and our forms of declaring, defined and 
 
 given, n. 117. Gives the right to acquire territory, n. 118. 
 
 Citizens of the countries at war are personally at war, 
 
 n. 118. Their disabilities, n. 118. The effects of the late 
 
 rebellion, n. 118. Marauders and bushwhackers not pro 
 tected, n. 118, p. 128. Allegiance during civil war, n. 118, 
 &129. Gives the right of conscription, notes 118, 121, 124. 
 arque and reprisal defined, notes 119, 120, 121. The 
 
 power under the Confederation, Arts. VI., VII., VIII., 
 
 pp. 11-18. 
 To raise and support armies; but no appropriation of money 
 
 to that use shall be for a longer term than two years 1 8 12 29,130 
 
 This power did not exist in Congress under the Confed 
 eration, n. 122. To raise and support, and armies, defined, 
 
 123, 124, 125. (See Armies.) 
 
 To provide and maintain a navy 1 8 13 29, 132 
 
 This power defined and discussed, n. 127. The sovereign 
 
 rights on public ships, n. 127, p. 133. Banks in the navy, 
 
 Id". The right of Habeas Corpus over enlistments, n. 141, 
 
 p. 145. 
 To make rules for the government and regulation of the land 
 
 and naval forces 1 8 14 29,133 
 
 For where these rules are to be found, see n. 129. 
 To provide for calling forth the militia to execute the laws of 
 
 the Union, suppress insurrections, and repel invasions ... 1 8 15 29, 13-5 
 Militia defined, n. 130, and the laws in relation to calling 
 
 them out, n. 130. The laws to be executed, notes 181, 
 
 238,240. Insurrection defined and discussed, notes 132, 
 
 234, 235. Invasion, the law about, n. 133. 
 To provide for organizing, arming, and disciplining the militia, 
 
 and for governing such part of them as may be employed 
 
 in the service of the United States, reserving to the States, 
 
 respectively, the appointment of the officers, and the 
 
 authority of training the militia according to the discipline 
 
 prescribed by Congress 1 8 16 29,18-" 
 
 This power defined and discussed, n. 134. The subject 
 
 of conscription, n. 134. 
 To exercise exclusive legislation, in all cases whatsoever, over 
 
 such district (not exceeding ten miles square) as may, by 
 
 14 
 
311 
 
 INDEX. 
 
 Art. &ec. cl. pp. 
 
 cession of particular States, and the acceptance of Congress, 
 become the seat of the government of the United States, 
 and to exercise like authority over all places purchased by 
 the consent of the legislature of the State in which the 
 same shall be, for the erection of forts, magazines, arsenals, 
 dock -yards, and other needful buildings 1 8 17 30, 136 
 
 Cecl ed by Maryland and Virginia, n. 136. The power to 
 tax in, n. 137. Jurisdiction over forts and arsenals, n. 137. 
 To make all laws which shall be necessary and proper for 
 carrying into execution the foregoing powers, and all other 
 powers vested by this Constitution in the government of 
 the United. 3tates, or in any department or office thereof. . 1 8 18 30,138 
 
 Necessary, and this incidental power, defined and dis 
 cussed, and authorities collected, notes 138, 274. Gives 
 Congress the incidental and instrumental powers, n. 138. 
 CONGRESS. The migration or importation of such persons as any 
 of the States now existin? shall think proper to admit, 
 shall not be prohibited by the Congress prior to the year 
 1808, but a rax or duty may be imposed on such importa 
 tion, not exceeding ten dollars for each person 1 9 1 80, 140 
 
 Migration defined, and the clause, n. 139. 
 
 CONGRESS. No title of nobility shall be granted by the United 
 States; and no person holding any office of profit or trust 
 tinder them shall, without the consent of Congress, accept 
 of any present, emolument, office, or title of any kind 
 whatever, from any king, prince, or foreign State 1 9 8 31 152 
 
 Title of nobility defined, n. 150. Office defined, n. 151. 
 CONGRESS. No State shall, without the consent of Congress, lay 
 any imposts or duties on imports or exports, except what 
 maybe absolutely necessary for executing its inspection 
 laws; and the net produce of all duties and imposts, laid 
 by any State on imports or exports, shall be for the use 
 of the Treasury of the United States; and all such laws 
 shall be subject to the revision and control of the Congress. 1 10 2 32,161 
 
 This article discussed, notes 162, 1*J3. 164. Imposts on 
 imports defined, n. 162. Necessary explained, n. 162. 
 CONGRESS. No State shall, without the consent of Congress, lay 
 any duty of tonnage, keep troops or ships-of-war, in time 
 of peace enter into any agreement or compact with an 
 other State, or with a foreign power, or engage in war, 
 unless actually invaded, or in such imminent danger as 
 will not admit of delay 1 10 3 32,161 
 
 Tonnage defined, n. 164. Troops means armies, n. 164. 
 CONGRESS. Each State shall appoint, in such manner as the legis 
 lature thereof may direct, a number of electors, equal to 
 the whole number of senators and representatives to 
 which the State may be entitled in the. Congress 2 1 2 32, 164 
 
 The choice now by elections, n. 167. The same who 
 choose Congress, n. 167. 
 
 CONGRESS. The Congress may determine the time of choosing the 
 electors, and the day on which they shall give their votes; 
 which day shall be the same throughout the United States. 213 34,167 
 
 The days fixed by law, n. 168c. 
 
 CONGRESS. The Congress may, by law, provide for the case of 
 removal, death, resignation, or inability, both of the Pre 
 sident and Vice-President, declaring what officer shall 
 then act as President, and such officer shall act accord 
 ingly, until the disability be removed, or a President shall 
 be elected 2 1 5 34,169 
 
 The act of Congress upon the subject, n. 172, 8, 9. 
 List of Vice-Presidents who have become President, n. 172. 
 CONGRESS. The Congress may by law vest the appointment of 
 such inferior officers, as they think proper, in the Presi 
 dent alone, in the courts of law, or in the heads of depart 
 ments 2 2 2 35, 174 
 
 Clerks and commissioners of courts are such, n. 183. 
 (See Civil Officer*.} 
 CONGRESS. The President shall, from time to time, give to the 
 
INDEX. 315 
 
 Art. sec. cl. pp. 
 
 Congress information of the state of the Union, and recom 
 mend to their consideration such measures as he shall 
 judge necessary and expedient; he may, on extraordinary 
 occasions, convene both houses, or either of them, and, in 
 case of disagreement between them with respect to tho 
 time of adjournment, he may adjourn them to such time 
 as he shall think proper 2 3 36,183 
 
 Information, how given, n. 187. Extra sessions, n. 188. 
 Practice of the courts as to revolutionary governments, 
 Id. Supreme Court cannot control President s discretion, 
 n. 189. His power as to commissioning, n. 190. 
 CONGRESS. The judicial power of the United States shall bo 
 vested in one Supreme Court, and in such inferior courts 
 as the Congress may from time to time ordain and estab 
 lish 3 1 36,189 
 
 See Judicial Power, notes 195-209. Judicial power de 
 fined. Id. It is obligatory on Congress to vest the power, Id. 
 Congress may define as well as establish jurisdiction of 
 inferior courts, 196. List of the present and past judges, 
 197. 
 
 CONGRESS. In certain cases the Supreme Court shall have appel 
 late jurisdiction, both as to law and fact, with such excep 
 tions, and under such regulations, as the Congress shall 
 make 322 37,204 
 
 Appellate jurisdiction defined, n. 211. Is within the 
 control of Congress, Id. Congress can only confer juris 
 diction upon the national courts. 
 
 CONGRESS. When crimes are not committed within any State, the 
 trial shall be at such place or places as the Congress may 
 by law have directed 323 37,209 
 
 The reason of this rule. n. 213. Where tried, when the 
 crime has not been committed in the State, n. 214. 
 CONGRESS shall have power to declare the punishment of treason; 
 but no attainder of treason shall work corruption of 
 blood or forfeiture, except during the life of the person 
 attainted 332 38,213 
 
 Punishment defined, n. 217. Attainder defined, n. 142. 
 Corruption of blood defined, n. 217. Punishment of trea 
 son, Id. 
 
 CONGRESS. Full faith and credit shall be given in each State, to 
 the public acts, records, and judicial proceedings of every 
 other State. And the Congress may, by general laws, 
 prescribe the manner in which such acts, records, and 
 proceedings, shall be proved, and the effect thereof 4 1 38, 213 
 
 (See Credit, n. 21S.) The acts of authentication, n. 219. 
 Seal of the State imports absolute verity. Id. When a 
 State statute-book may be read, Id. The effect of a record 
 proved under the act, p. 220, of "any State" defined, p. 
 
 219. How judicial records must be certified. Id. p. 219. 
 Their effect when proved, notes 218, 219. There must 
 have been service or appearance, notes 218, 219, pp. 215, 
 
 220. Proof of records not judicial, n. 219, p. 221, 1. 
 Decisions upon the statute, n. 219. Applies to Territories 
 as well as States, n. 219, p. 222, 2. This act constitu 
 tional, n. 219. 
 
 CONGRESS. New States may be admitted by the Congress into 
 
 this Union; but no new State shall be formed or erected 
 
 within the jurisdiction of any other State; nor any State 
 
 be formed by the junction of two or more States, or parts 
 
 of States, without the consent of the legislatures of the 
 
 States concerned, as well as of the Congress 431 39,234 
 
 New States defined, n. 229; the Confederation on the 
 
 subject, Art. XI. p. 19. For a full history, n. 229. List of 
 
 new States, and dates of admission, n. 230. The effect of 
 
 admission. Id. 
 CONGRESS. The Congress shall have power to dispose of and 
 
 make ail needful rules and regulations respecting the ter 
 ritory or other property belonging to the United States; 
 
316 
 
 pp. 
 
 89,238 
 
 Art. sec. cL 
 
 and nothing in this Constitution shall be so construed as 
 
 to prejudice any claims of the United States, or of any 
 
 particular State ......................................... 482 
 
 "To dispose of" defined, n. 231. "Needful rules and 
 
 regulations " defined, Id. "Territory" defined, Id. 
 
 Means public property, p. 238. A full discussion of the 
 
 subject, n. 231. "Other property" defined, n. 232. The 
 
 "claims" defined, n. 232. 
 CONGBESS. The Congress, whenever two-thirds of both houses 
 
 shall deem it necessary, shall propose amendments to this 
 
 Constitution ; or, on the application of the legislatures 
 
 of two-thirds of the several States, shall call a convention 
 
 for proposing amendments, which, in either case, shall be 
 
 valid to all intents and purposes, as part of this Constitu 
 
 tion, when ratified by the legislatures of three-fourths of 
 
 the several States, or by conventions in three-fourths 
 
 thereof, as the one or the other mode of ratification may 
 
 be proposed by the Congress : Provided, that no amend 
 
 ment which may be made prior to the year 1808, shall, in 
 
 any manner, affect the first and fourth clauses in the ninth 
 
 section of the first article; and that no State, without its 
 
 consent, shall be deprived of its equal suffrage in the 
 
 Senate ........................ ....................... 6 40, 246 
 
 Amendments have only been proposed to the legisla 
 
 tures, n. 236. The President s approval unnecessary, Id. 
 
 History of the amendments, notes 244, 274^286. 
 CONGRESS. The senators and representatives in Congress shall 
 
 be bound by an oath or affirmation to support this Con 
 
 stitution ............................................... 6 8 41250 
 
 What officers are embraced, n. 242. The oath of 1789, 
 
 Id. Congress has the right to superadd to it, Id. The 
 
 test oath, Id. Keligious tests, Id. 
 CONGRESS shall make no law respecting an establishment of reli 
 
 gion, or prohibiting the free exercise thereof; or abridging 
 
 the freedom of speech or of the press; or the right of th 
 
 people peaceably to assemble and to petition the govern 
 
 ment for a redress of grievances. Amendments ......... 1 43.254 
 
 "Establishment" and "religion" defined and discussed, 
 
 n. 245. Christianity is not a part of municipal law, Id. 
 
 This does not restrain the States, Id. The effect upon the 
 
 Catholic religion in Texas, Id. "Freedom of speech" de 
 
 fined, n. 246 ; and " of the press," n. 247. The right to 
 
 petition, n. 248. 
 CONGRESS. The certificates of the electoral votes for President 
 
 and Vice-President of the United States shall be opened 
 
 by the President of the Senate, in the presence of the 
 
 Senate and House of Representatives, and the votes shall 
 
 then be counted. Amendments ......................... 12 1 46,165 
 
 CONGRESS shall have power to enforce this article by appropriate 
 
 legislation. Amendments .............................. 13 2 48,279 
 
 " Appropriate " defined and compared with " necessary," 
 
 notes 174. 238. This gave power to pass the Civil Rights 
 
 Bill, n. 274. 
 CONGRESS. The Congress shall have power to enforce, by appro 
 
 priate legislation, the provisions of this article. Amend 
 
 ments .................................................. 14 5 50,280 
 
 CONGRESS. Powers of, under the Confederation, to determine oil 
 
 peace and war (with certain exceptions), Art. IX. p. 14. 
 
 Of sending and receiving ambassadors, entering into 
 
 treaties and alliances (with certain restrictions) ; of decid 
 
 ing on captures on land and water; granting letters of 
 
 marque and reprisal; appointing courts for the trial of 
 
 piracies and felonies; a court of appeal in what cases, and 
 
 how exercised, Art. IX. pp. 14-16. To determine contro 
 
 versies concerning the rights of soil, p. 16. To coin money 
 
 and fix the standard of weights and measures: to reguhue 
 
 trade with the Indians, when, and how; to establish post- 
 
 offices and collect postage ; to appoint what army and navy 
 
INDEX. 
 
 Art. sec. cl. 
 
 317 
 
 PP. 
 
 officers; to appoint a "committee of the States;" to ad 
 journ, when, &c., Art. IX. pp. 16, 17. Restrictions upon 
 Congress, Art. IX. p. 18. 
 
 CONNECTICUT. Declared Independence, p. 7. One of the Con 
 federation, pp. 9, 21. Signed the Constitution, p. 42. 
 CONNECTICUT. Entitled to five representatives in the first Con 
 gress 1 2 8 23,67 
 
 By census of 1860, n. 5, p. 68. Qualification for voters 
 in, n. 17, p. 60. Numbers through each decade, pp. 69, 70, 
 71. Assigned to the second judicial circuit, n. 197. Rati 
 fied 13th constitutional amendment, n. 274; the 14th 
 amendment, 275. 
 
 CONSENT of Congress. No person holding any office of profit or 
 trust under the United States shall, without the consent 
 of Congress, accept of any present, emolument, office, or 
 title of any kind whatever, from any king, prince, or 
 
 foreign State 198 81,152 
 
 Office defined, n. 151. Only relates to officers, n. 151, p, 
 155. 
 
 CONSENT of either house. Neither house, during the session of 
 Congress, shall, without the consent of the other, adjourn 
 for more than three days, nor to any other place than that 
 
 in which the two houses shall be sitting 154 26,88 
 
 The reason of the rule, n. 52. 
 
 CONSENT of Congress. No State shall, without the consent of the 
 Congress, lay any imposts or duties on imports or ex 
 ports, except what may be absolutely necessary for execut 
 ing its inspection laws 1 10 2 82.161 
 
 The various terms defined, n. 162. How far copied from 
 the Confederation, Art. VI. p. 11. 
 
 CONSENT of Congress. No State shall, without the consent of 
 Congress, lay any duty of tonnage ; keep troops or ships-of- 
 war in time of peace; enter into any agreement or com 
 pact with another State, or with a foreign power, or en 
 gage in war, unless actually invaded, or in such imminent 
 
 danger as will not admit of delay 1 10 8 82.161 
 
 Tonnage defined, n. 163. Troops defined, n. 164. 
 CONSENT of the legislatures. No State shall be formed by the 
 junction of two or more States, or parts of States, with 
 out the consent of the legislatures of the States concern 
 ed, as well as of the Congress 431 89,234 
 
 (See n. 236.) 
 CONSENT. No State, without its consent, shall be deprived of 
 
 its equal suffrage in the Senate 5 40, 246 
 
 CONSENT. This Constitution adopted or done in convention by 
 
 the unanimous consent of the States present 7 41,252 
 
 See note defining ratification and giving dates of con 
 sent, n. 243. 
 
 CONSENT. No soldier shall, in time of peace, be quartered in any 
 house without the consent of the owner, nor in time of 
 war, but in a manner to be prescribed by law Amend 
 ments 8 44,256 
 
 This amendment defined and explained, n. 250. 
 CONSTITUTION OF THE UNITED STATES. Its roots, where found. 
 Pref. p. iii. In Magna Charta, &c. Id. The principles 
 proclaimed in the Declaration of Independence, Id. p. iv. 
 Its division of powers and expositors, Pref. p. iv. v. Who 
 are sworn to support it, Pref. p. v., n. 242. Where to bo 
 found, and its great scarcity, Pref. p. v. Great inattention 
 in regard to it, Id. p. v. vi. Fatal mistakes in regard, 
 to it. Pref. p. v. ix. Motives for this work, Pref. p. ix. 
 x. xi. What seems to be narrowed down to a principle, 
 Pref. p. xiii. notes 274, 286. Has no authoritative expounder, 
 Pref. p. xiv. Printed as originally written, pp. 22-41. 
 Amendments of, pp. 43-50. Directions for reading the 
 annotated, p. 51. Defined, is a government and hot a 
 mere compact or league, n. 2. When adopted, n. 3. When 
 ratified, n. 243. Does not create the citizen, n, 169. How 
 
318 
 
 INDEX. 
 
 construed, n. 170; n. 46. Still endures unimpaired, 
 
 CONSTITUTION ordained and established in order to form a more 
 perfect Union; establish justice ; ensure domestic tran 
 quillity; provide for the common defense; promote the 
 feneral welfare, and to secure the blessings of liberty. 
 Veamble 
 
 It is a government, and the supreme law, n. 2. Went 
 into operation, when, n. 3. Created a new government; 
 its mutations not a compact, n. 4. 
 
 CONSTITUTION. Congress shall have power to make all laws which 
 shall be necessary and proper for carrying into execution 
 the foregoing powers, and all other powers vested by this 
 Constitution in the government of the United States, or in 
 
 any department or office thereof 
 
 This clause explained, notes IBS, 274. 
 
 CONSTITUTION. No person except a natural born citizen, or a 
 citizen at the time of the adoption of this Constitution, 
 shall be eligible to the office of President of the United 
 
 Stotes 2 
 
 The reason explained, n. 170. 
 
 CONSTITUTION of the United States. The President shall, before 
 he enter on the execution of his office, take an oath that 
 he will, to the best of his ability, "preserve, protect, and 
 
 defend the Constitution of the United States " 2 
 
 The President is the only officer required to take this 
 oath, n. 174. 
 CONSTITUTION. The judicial power shall extend to all cases, in 
 
 law and equity, arising under the Constitution 8 
 
 Judicial power denned, n. 199. Does not extend to all 
 questions arising under the Constitution, n. 199. Cases 
 arise when, n. 200. 
 
 CONSTITUTION. Nothing in this Constitution shall be so construed 
 as to prejudice any claims of the United States, or of any 
 particular State, respecting the territory or other property 
 
 thereof . 
 
 Tliis applied to the claims of North Carolina and Georgia, 
 
 CONSTITUTION. The Congress, whenever two-thirds of both houses 
 shall deem it necessary, shall propose amendments to this 
 Constitution, or, on the application of the legislatures of 
 two-thirds of the several States, shall call a convention for 
 proposing amendments, which, in either case, shall be valid, 
 to all intents and purposes, as part of this Constitution, 
 when ratified by the legislatures of three-fourths of the 
 several States, or by conventions in three-fourths thereof, 
 as the one or the other mode of ratification may be pro 
 posed by the Congress; provided that no amendment 
 which may be made prior to the year 1808, shall, in any 
 manner, atfect the first and fourth clauses in the ninth 
 section of the first article ; and that no State, without its 
 consent, shall be deprived of its equal suffrage in the 
 
 Senate 
 
 This power exercised, notes 236, 244, 274, 275. 
 
 CONSTITUTION. All debts contracted, and engagements entered 
 into, before the adoption of this Constitution, shall be as 
 valid against the United States under this Constitution 
 
 as under the Confederation 
 
 The reason explained, n. 237. 
 
 CONSTITUTION. This Constitution, and the laws of the United States 
 which shall be made in pursuance thereof, and all treaties 
 made, or which shall be made, under the authority of the 
 United States, shall be the supreme law of the land; and 
 the judges in every State shall be bound thereby, any 
 thing in the Constitution or laws of any State to the con 
 trary notwithstanding 
 
 CONSTITUTION or laws of any State. The judges in every State 
 shall be bound by the Constitution, laws, and treaties of 
 
 Art. sec. cl. 
 
 pp. 
 
 22,53 
 
 1 8 18 80,138 
 34,167 
 
 217 85,170 
 821 37,194 
 
 432 29,233 
 
 40, 246 
 
 40, 247 
 
 2 40, 247 
 
INDEX. 
 
 319 
 
 Art. sec. cl. 
 
 the United States, any thing in the Constitution or laws of 
 any State to the contrary notwithstanding 6 
 
 The Constitution creates the government, n. 238. Is 
 paramount, n. 199. 
 
 CONSTITUTION. The senators and representatives before men 
 tioned, and the members of the several State legislatures, 
 and all executive and judicial officers, both of the United 
 States and of the several States, shall be bound by oath or 
 affirmation to support this Constitution ; but no religious 
 tost shall ever be required as a qualification to any office 
 of public trust under the United States 6 
 
 What officers; the oath; power over; test oath; 
 it binds the citizens and States, n. 242. Remarks on, 
 
 CONSTITUTION. The ratification of the conventions of nine States 
 shall be sufficient for the establishment of this Constitu 
 tion between the States so ratifying the same 7 
 
 CONSTITUTION. The adoption of the Constitution, done in con 
 vention by the unanimous consent of the States present, 
 the 17th -day of September, A. D. 1787, and of the indepen 
 dence of the United States the twelfth 7 
 
 Ratification, and all the other words, defined, n. 243, 
 Dates of ratification, Id. The terms in this defined and 
 explained, n. 268. 
 
 CONSTITUTION. The enumeration in the Constitution of certain 
 rights shall not be construed to deny or disparage others 
 retained by the people. Amendments 9 
 
 CONSTITUTION. Hie powers not delegated to the United States 
 by the Constitution, nor prohibited by it to the States, 
 are reserved to the States, respectively, or to the people. 
 
 Amendments 10 
 
 Delegated, and this power, defined and explained, n. 269. 
 The word " expressly " was rejected, Id. 
 
 CONSTITUTIONAL law. The act of 1795, to call forth the militia, 
 constitutional, n. 130, p. 134. The act of 1863, declar 
 ing the inilitia, national forces, constitutional; denied, n. 
 134, p. 136. The passenger tax laws unconstitutional, 
 n. 83. 
 
 Only four acts of Congress have been declared unconsti 
 tutional, n. 274, p. 276. " So a State law, requiring an im 
 porter to take out license before selling goods, n. 89, 
 p. 108. 
 
 CONSTITUTIONS of States. Rules of suffrage under, n. 17. Where 
 there are two constitutions ki one State, the political 
 authorities must determine the true one, n. 199, p. 195, 
 n. 233. Of the Rebel States, n. 274, p. 283, 5. 
 
 CONSTUUKD. Nothing in this Constitution shall be so construed 
 as to prejudice any claims of the United States, or of any 
 
 particular State 4 
 
 The object of this, 232. Common sense rules of inter 
 pretation to be employed, notes 46, 170, 274. So as to 
 effect the objects, 138. 
 
 CONSTRUED. The enumeration in the Constitution of certain 
 rights shall not be construed to deny or disparage others 
 retained by the people. Amendments 9 
 
 CONSTKUKD. The judicial power of the United States shall not be 
 construed to extend to any suit in law or equity, com 
 menced or prosecuted against one of the United States by 
 citizens of another State, or by citizens or subjects of any 
 
 foreign State. Amendments 11 
 
 This was an amendment of the 2d section of the third 
 article, notes 205o, 270. 
 
 CONSULS. (See Appointments.) Cannot act without exequaturs, 
 n. 188. The grade defined, n. 202. 
 
 CONSULS. The judicial power shall extend to all cases affecting 
 
 ambassadors, other public ministers, and consuls, in which / g 
 the bupreine Court shall have original jurisdiction g 
 
 pp. 
 
 40, 24T 
 
 3 41,250 
 
 41, 252 
 41, 252 
 
 45,268 
 45,269 
 
 39,238 
 
 45,268 
 
 46,269 
 
 37 194 
 87 204 
 
320 
 
 INDEX. 
 
 CONTRACTS. No State shall pass any law impairing the obligation 
 
 of contracts 1 10 1 
 
 What laws enter into the contract, n. 157. Validity and 
 remedy, how connected, n. 157, p. 156. Repealing laws 
 must not impair, Id. Monopolies, how affected, Id. 
 Contract defined and discussed, n. 157, p. 157. Private in 
 corporations are, Id. Mere retrospective laws are not, 
 n. 158. How exemption laws impair, n. 159. And stay 
 laws, n. 160. And redemption laws, n. 160. Laws which 
 merely afi ect the remedy do not impair, n. 161. Nor laws 
 which merely declare the validity of, n. 161. 
 
 CONTRACTED. All debts contracted, and engagements entered into 
 before the adoption of this Constitution, snail be as valid 
 against the United States under this Constitution as under 
 
 the Confederation 6 
 
 This was only a moral and general obligation, n. 237. 
 
 CONTROVERSIES. The judicial power shall extend to controversies 
 to which the United States shall be a party ; to contro 
 versies between two or more States ; between a State and 
 citizens of another State ; between citizens of different 
 States; between citizens of the same State claiming lands 
 under grants of different States, and between a State or 
 the citizens thereof and foreign States, citizens, or subjects. 821 
 
 See these several classifications fully explained, notes 
 199-200. (See Case.) 
 
 CONTROVERSIES between States settled by Congress under the 
 Confederation, Art. IX. p. 14. 
 
 CONTROVERSY. In suits at common law, whero the value in con 
 troversy shall exceed twenty dollars, the right of trial by 
 
 jury shall be preserved. Amendments 7 
 
 This amendment discussed and explained, n. 263. The 
 parties may waive the right of trial by jury, n. 268. 
 
 CONVENE Congress. The President may, on extraordinary oc 
 casions, convene both houses, or either of them 2 3 
 
 The power has been frequently exercised, n. 188. 
 
 CONVENED. The United States shall, on application of the 
 executive of a State, when the legislature cannot be 
 
 convened, protect such State from domestic violence 4 4 
 
 The President must determine what body of men con 
 stitute the legislature, and who is the governor, n. 235. 
 
 CONTENTION. The adoption of the Constitution, done in Conven 
 tion by the unanimous consent of the States present, the 
 17th September, A. D. 1787 7 1 
 
 CONVENTIONS for proposing and ratifying amendments of the 
 
 Constitution. (See Constitution.) ." 5 
 
 CONVENTIONS of States. The ratification of the conventions of 
 nine States shall be sufficient for the establishment of this 
 
 Constitution between the States so ratifying the same 7 1 
 
 No such proposal has ever been made by the States. 
 This was intended to leave the action to the people, n. 
 243. Not by the States in their sovereign capacities, n! 6. 
 Not a majority of the whole people, n. 6. 
 
 CONVENTIONS of the rebel States to frame Constitutions, n. 27, p. 284, 
 5. Delegates to be elected, n. 276, p. 284. (Supplemen 
 tary act) 2. The voters to decide for or against a con 
 vention, Id. 3. If for, to be held, Id. 4. Constitution to 
 be submitted by the, to the voters, Id. 4. If adopted, the 
 President of, to transmit the Constitution to Congress, Id. 
 5. The conventions to prescribe the fees, Ac., Id. 8. 
 The conventions have been carried and met in all the 
 States but Texas, Id 278. 
 
 CONVICTED. No person shall be convicted on an impeachment, 
 without the concurrence of two-thirds of the senators 
 present 186 
 
 CONTICTED. No person shall be convicted of treason, unless on 
 the testimony of two witnesses to the same overt act, or 
 
 on confession in open court 831 
 
 This refera to the proof on the trial, n. 216. 
 
 PP- 
 
 81,153 
 
 40,247 
 
 87,194 
 
 45, 266 
 86, 183 
 89,242 
 
 41, 252 
 40, 246 
 
 41, 252 
 
 25, 81 
 38, 211 
 
IKDEX. 
 
 Art. sec. cl. pp. 
 
 COPYRIGHT. An author has none except what is secured by act of 
 Congress, n. 107, p. 122. 
 
 CORRUPTION of blood. No attainder of treason shall work corrup 
 tion of blood or forfeiture, except during the life of the 
 
 person attainted 332 38,213 
 
 By corruption of blood all inheritable qualities are 
 destroyed, n. 142. 
 
 COUNSEL. In all criminal prosecutions the accused to have the 
 
 assistance of counsel for his defense. Amendments 6 44, 263 
 
 When this waa adopted counsel were not allowed in 
 England, n. 262. 
 
 COUNTERFEITING. Congress shall have power to provide for the 
 punishment of counterfeiting the securities and current 
 
 coin of the United States 186 29,113 
 
 Defined ; power of States to punish, n. 103. 
 
 COURT of impeachment. (See Impeachment.) 
 
 COURT. (See /Supreme Court.) 222 35,174 
 
 COURT. No person shall be convicted of treason, unless on the 
 testimony of two witnesses to the same avert act, or on 
 
 confession in open court 331 38,211 
 
 This means the trial not the preliminary examination, 
 n. 216. 
 
 COURT of the United States. In suits at common law, where the 
 value in controversy shall exceed twenty dollars, the 
 right of trial by jury shall be preserved ; and no fact tried 
 by a jury shall be otherwise re-examined in any court of 
 the United States, than according to the rules of the com 
 mon law. Amendments 7 45, 266 
 
 This includes all suits not of equity or admiralty juris 
 diction, n. 263. The common law of England is meant, 
 n. 263. No fact revised, 264. Instances of violation, n. 265. 
 
 COURTS. Congress shall have power to constitute tribunals inferior 
 
 to the Supreme Court 1 8 9 29,124 
 
 To constitute tribunals, defined, n. 109. The jurisdic 
 tion of such courts, Id. Congress can regulate their juris 
 diction, n. 196. 
 
 COURTS. The judicial power of the United States shall be vested 
 in one Supreme Court, and in such inferior com ts as the 
 Congress may, from time to time, orduin and establish. 
 
 (See Judicial Power.) 3 1 36, 189 
 
 Judicial power defined, n. 195. Mandatory upon Con- 
 cress to vest, Id. Supreme Court defined, Id. The present 
 organization of the Supreme Court, 197. List of all the 
 judges who presided in the, Id. Jurisdiction of the, n. 210. 
 
 COURTS of law. The Congress may, by law, vest the appointment 
 of such inferior officers as they think proper in the Presi 
 dent alone, in the courts of law, or in the heads of depart 
 ments 
 
 Clerks of the court are such officers, n. 183, and commis 
 sioners of bail and affidavits, Id. 
 
 CRAWFORD, WILLIAM H. Presiding officer of the Senate, n. 88, 
 p. 79. 
 
 CREDIT of the United States. Congress shall have power to bor 
 row money on the credit of the United States 1 
 
 (See Borrow, notes 82, 83, 84.) 
 
 CREDIT. No State shall emit bills of credit 1 
 
 222 85,14T 
 
 10 
 
 (See Bills of Credit); defined, n. 154. 
 
 CREDIT. Full faith and credit shall be given in each State to the 
 public acts, records, and judicial proceedings of every 
 other State 
 
 Full faith and credit defined, n. 218. (See Judgments 
 and Judicial Proceedings, notes 218, 219.) 
 
 A judgment of a State court has the same credit in 
 every other State which it has in its own, n. 218. Provided 
 that there has been service or appearance, Id. The judg 
 ments are conclusive. Id. 
 CEIME. Defined, n. 193; distinguished from misdemeanor, n. 194. 
 
 Subject fully discussed, Id. 
 
 14* 
 
 28, 103 
 81,153 
 
 88, 213 
 
322 
 
 INDEX. 
 
 Art. see. cl. pp. 
 
 CKIME. A person charged with treason, felony, or other crime, 
 and fleeing from justice, to be delivered up to the State 
 
 having jurisdiction of the crime 422 85,229 
 
 The State making the demand must determine what is 
 crime, n. 223. 
 
 CRIME. No person shall be held to answer for ft capital, or other 
 wise infamous crime, unless on a presentment or indict 
 ment of a grand jury. Amendments 5 44, 253 
 
 These terms defined, n. 253. 
 
 Neither slavery nor involuntary servitude, except as a 
 punishment for crime, &c. (See /Slaves, n. 274.) 12 1 . 
 
 CRIMES. The trial of all crimes, except in cases of impeachment, 
 
 shall be by jury 323 87,209 
 
 Trial and crimes in this connection defined, n. 212. 
 The crimes must be against an act of Congress; the 
 jury must consist of twelve men, Id. (See Crime.) 
 CRIMINAL case. Nor shall any person be compelled, in any crimi 
 nal case, to be a witness against himself. Amendments. . 5 44, 258 
 CRIMINAL cases. Jury not the judges of the law in, n. 212. 
 CRIMINAL prosecutions. In all criminal prosecutions the accused 
 shall enjoy the right to a speedy and public trial, by an 
 impartial jury of the State and district wherein the crime 
 shall have been committed ; which district shall have 
 been previously ascertained by law, and to be informed of 
 the nature and cause of the accusation ; to be confronted 
 with the witnesses against him; to have compulsory 
 process for obtaining witnesses in his favor; and to 
 nave the assistance of counsel for his defense. Amend 
 ments 6 44,263 
 
 The accused defined, n. 260. Character of crimes de 
 fined. Relates to war as well as peace, Id. Compulsory 
 process and powers defined, 261. 
 
 CRUEL and unusual punishment. Excessive bail shall not be re 
 quired, nor excessive fines imposed, nor cruel and un 
 usual punishments inflicted. Amendments 8 45, 2C7 
 
 The sum required must not be too large, n. 268. 
 A fine of fifty dollars, and imprisonment three months, 
 for selling liquor without license is not cruel, n. 267. 
 Cr SUING, WILLIAM. One of the Supreme Judges, n. 197, p. 193. 
 
 DALLAS, GEORGE M. Vice-President, notes, 37, 78. 
 
 DANA, FRANCIS, of Mass. Signed Articles of Confederation, p. 21. 
 
 DANGER. (See Public Danger.) 
 
 DANIEL PKTER V. Associate Justice of the Supreme Court, 
 n. 197. 
 
 DATES in this work. Of the Dec of Ind., p. 7. Of Articles of Con 
 federation, p. 21. Of Constitution of the United States, 
 pp. 41, 252 ; and its ratification by the States, n. 243. Of the 
 amendments, n. 244. When the Constitution went into 
 operation, n. 3. Of the State Constitutions qualifying 
 voters, n. 17. Of the several censuses, n. 24, pp. 69-71. Of ser 
 vice of the Speakers of the House, n. 26, p. 73. Of service 
 of the Vice-Presidents, n. 37. Of service of presiding offi 
 cers of Senate, n. 88. Of service of the Presidents, n. 166. 
 Of service, births, and deaths of the judges of the Supreme 
 Court, n. 197. Of admission of the new States, n. 230. Of 
 the several reconstruction acts, n. 276. Of the act for 
 election of senators, n. 30. Of the act fixing sessions of 
 Congress, n. 43. Of the public debt, n. 78, pp. 96-99. Of 
 the acts to issue treasury notes, n. 83. Of the act regu 
 lating weights and measures, n. 102. Of the first post- 
 offices, n. 105. Of the declarations of war, notes 117, 118. 
 Of the acts punishing felony, n. 113. Of the recognition of 
 the Confederates by England, n. 118, p. 129. Of the acts 
 for organizing the militia, n. 134. Of the suspension of 
 the writ of Habeas Corpus, n. 141, p. 143. Of election of 
 President, n. 168c. Of the act for filling vacancies in the 
 ofiice of President, n. 172. Of Viee-Presidents becoming 
 
INDEX. 
 
 Presidents, and of the deaths of Presidents Harrison, Tay 
 lor, and Lincoln, n. 172. Of the Tenure of Office Bill, 
 n. 184, the acts for allotting the Supreme Court, n, 197, Of 
 the Judiciary Act, n. 206. 
 
 DAVIS, DAVID. One of the Associate Justices of the Supreme Court 
 n. 198. 
 
 DAVIS. JOHN W. Was Speaker, n, 26, p. 73. 
 
 DAYTON, JONATHAN, of New Jersey. Signed this Constitution, 
 pp. 42, 252. Was Speaker, n. 26, p. 72. 
 
 DEATH. In case of the death of the President, the duties of that 
 office.shall devolve on the Vice-President, and in case of 
 the death of both President and Vice-President, Congress 
 shall by law declare what officer shall then act as Presi 
 dent 2 
 
 DEBATE. Senators and representatives, for any speech or debate 
 in either house, shall not be questioned in any other 
 place . 1 
 
 DEBT. The validity of the public debt of the United States, 
 authorized by law, including debts incurred for payment 
 of pensions and bounties for services in suppressi-ng insur 
 rection or rebellion, shall not be questioned. But neither 
 the United States nor any State shall assume or pay any 
 debt or obligation incurred in aid of insurrection or rebel 
 lion against the United States, or any claim for the loss or 
 emancipation of any slave; but all such debts, obliga 
 tions and claims shall be held illegal and void. Amend 
 ments. This amendment discussed, n. 282 14 
 
 DFBTS of the United States. Congress shall have power to pay 
 the debts of the United States. This section denned, 
 n. 78. The debts from the foundation of the government, 1 
 
 DEBTS. No State shall make any thing but gold and silver coin a 
 
 tender in payment of debts 1 
 
 DEBTS. All debts contracted and engagements entered into before 
 the adoption of this Constitution, shall be as valid against 
 the United States under this Constitution as under the 
 Confederation 6 
 
 DECIMETER. A measure of length, n. 102, p. 117, 2. 
 
 DECITIZENIZE. No power in the States to, Pref. p. ix. No law to, as 
 in France, n. 169. 
 
 DECLARATION of Independence, pp. 1-8. 
 
 DECLARATORY. Some of the amendments were, others restrictive, 
 n. 258, p. 262. 
 
 DEFSNSE. Constitution established to provide for the common 
 defense. Preamble 
 
 DEFENSE. Congress shall have power to provide for the common 
 
 defense 1 
 
 DEFENSE. In all criminal prosecutions the accused shall enjoy 
 the, right to have the assistance of counsel for his defense. 
 Amendments 6 
 
 DEFEND the Constitution. The President of the United States 
 shall swear or affirm to preserve, protect, and defend the 
 Constitution of the United States 
 
 DEFINITIONS of words and terms. Accusation, n. 260. Accused, 
 n. 260. "Asreement or Compact," n. 164. Ambassador, 
 n. 180. Armies, n. 124. Arts, n. 107. Attainder, n. 142. 
 Authors, n. 107. Bail, n. 266. Bankrupt, n. 94. Bank 
 ruptcy, n. 95. " Bill of Attainder," n. 142. " Bills of 
 Credit," n. 154. Capitation, n. 144. Census, n. 145. Citi 
 zen, notes 220, 221, 274. Coin, n. 97. Commerce, n. 86. 
 Common Defense, notes 10. 79. "Common Law, 1 
 n. 263. Compact, n. 164. Compulsory Process, n. 261. Con 
 gress, n. 15. Constitution, n. 109. Consul, n. 181. Contract, 
 n. 157. Controversies, n. 206. -Corruption of Blood." 
 n. 217. Crodit, n. 154. Crime, n. 193. Counterfeiting, n. 103. 
 " Declare War," n. 117. Define, n. 110. Delegated, n. 269. 
 Deny, n 268. " Direct Taxes." notes 22, 144. Disparage 
 n. 268. Dispose of, n. 231. " Domestic Tranquillity," n. 9. 
 * Domestic Violence, 11 n. 235. " Due Process of Law," n. 257. 
 
 Art sec, cL 
 
 PP. 
 
 84, 169 
 
 10 
 
 2 1 
 
 49, 280 
 
 28,94 
 
 81,163 
 
 40,247 
 
 22,53 
 28,94 
 
 44, 203 
 35, 170 
 
324 INDEX. 
 
 Art. sec. cl. pp. 
 
 Duties, n. 75. Elections, n. 44. Electors, notes 16, 167. 
 
 Enumeration, n. 263. Escaping, n. 227. Establish, n. 104. 
 
 Establishment, n. 215. Excise, n. 77. "Executive Power," 
 
 n. 165. Ex Post Facto, notes 143, 156. "Faith and 
 
 Credit," n. 218. Felony, n. 113. Fix, n. 101. Flee, n. 
 
 224. Freedom (of speech and of the press), notes 246, 
 
 247. "General Welfare," notes 11, 80. Grand Jury, n. 
 
 253. Guarantee, n, 233. Habeas Corpus, n. 141. High 
 
 Crimes, n. 193. High Seas, n. 114. Immunities, n. 221. 
 
 Imposts, notes 76, 146, 162. Indictments, n. 253. " Inhabi 
 
 tant of a State," n. 19. Insurrection, n. 132. Invasion, 
 
 n. 133. Invent, n. 108. Judgment, n. 40. Judicial Pro 
 
 ceedings, n. 218. Jurisdiction, notes 210, 211. Just Compen 
 
 sation, n. 259. Justice, n. 8. Law of Nations, n. 116. 
 
 Laws of the Union, n. 181. Legislative Power, n. 14. 
 
 Liberty, n. 12. Make Rules, n. 129. Marque, n. 120. 
 
 Migration, n. 139. Militia, n. 130. Misdemeanors, n. 194. 
 
 Money, notes 83, 98, 149. Natural Born, n. 169. Natu 
 
 ralization, n. 93. Navy, n. 128. Necessary, n. 138. Need 
 
 ful Rules and Regulations, n. 231. Nobility, n. 150 
 
 Nominate, n. 179. Members , n. 24. Offenses against the 
 
 Law of Nations, n. 115. Office, n. 151. Original Juris 
 
 diction, n. 210. Owner, n. 250. Pardon, n. 177. Piracy, 
 
 n. 112. Post-Offices, n. 105. Post-Roads, n. 106. Power, 
 
 notes 71, 138. Preference, n. 147. Presentment, n. 258. 
 
 Private Property, n. 258. Privilege, notes 140, 221. Pro 
 
 ceedings, n. 218. "Process of Law," notes 257, 261. Pro 
 
 gress, n. 107. Promote, n. 107. Proper, n. 138. Property, 
 
 notes 232, 258. Provide and Maintain, n. 128. Punish, n. 
 
 111. Punishment, n. 217. Qualifications, n. 16. Quarter, 
 
 n. 250. " Raise and Support," n. 123. Ratification, n. 243. 
 
 Records, n. 218. Regulate, n. 85. Religion, n. 245. Re 
 
 ligious Test, n. 242. Reprieve, n. 177. Reprisal, n. 121. 
 
 Republican Government, n. 233. Returns, n. 45. Reve 
 
 nue, n. 65. Rules, n. 47. Science, n. 107. Securing, 
 
 n. 107. Soldier, n. 250. Standard, n. 101. State, n. 229. 
 
 Supreme Law, n. 240. Taxes, notes 22, 72. Territory, 
 
 n. 281. Ton, n. 102. Tonnage, n. 163. Treason, n. 215. 
 
 Treaty, notes 178, 240. Trial, n. 212. Tribunal, n. 109. 
 
 Troops, n. 164. "Two-thirds," n. 68. Uniform, n. 81. 
 
 United States of America, n. 13. " Vessels Bound," n. 
 
 148. Veto, n. 67. Vice-President, n. 36. War, n. 117. 
 
 Warrant, n. 252. "We the People," 1 n. 6. "Weights and 
 
 Measures," n. 102. " Yeas and Nays," n. 51. 
 DEKAGRAM. A measure of weight, n. 102, p. 118, 2. 
 DEKALITER. A measure of capacity, n. 102, p. 118. 2. 
 DEKAMETKR. A measure of length, n. 102, p. 117, 2. 
 DELAWARE. Declared Independence, p. 7. Entered into Articles of 
 
 Confederation, pp. 9. 21. Qualification for suffrage in, n. 
 
 17, p. 60. One representative, pp. 23, 67, 68, n. 24 Num 
 
 ber of inhabitants through each decade, n. 24, pp. 68-71. 
 
 Assigned to a circuit, n. 198. Rejected the 13th and 14th 
 
 Amendments, n. 274, 275. 
 
 DKLA.WARE. Entitled to one representative in first Congress ____ 128 23.67 
 DELKGATED. The powers not delegated to the United States by 
 
 the Constitution, nor prohibited by it to the States, are 
 reserved to the States, respectively, 
 
 or to the people. 
 Amendments ........................................... 10 45^ 269 
 
 Delegated defined, n. 269. Copied from the Confedera 
 tion, n. 269. See also p. 9. 
 
 DELEGATES. How chosen under the Articles of Confederation. 
 Art. V. p. 11. Freedom of speech and power of arrest 
 secured, Id. 
 DELKGATES or members of State legislatures shall be bound 
 
 by oath or affirmation to support this Constitution ....... 6 3 41,2r>0 
 
 The reason of this oath, and the test oath, n. 242. Per 
 sons who had taken this oath and engaged in rebellion, 
 disqualified for office, 14th amendment. The same class 
 
INDEX. 
 
 Art. sec. cl. 
 
 pp. 
 
 disfranchised in certain elections, n. 276, p. 284, 1. The 
 
 act explained, Id. 6. This disqualification discussed, 
 
 n. 281. To the conventions to frame reconstructed consti 
 tutions, qualifications of, n. 276, p. 2S3, 5. How to be 
 
 elected and to frame a State Constitution, Id. 
 DKI.IVERED up. Fugitives from justice to be delivered up to 
 
 be removed to the State having jurisdiction of the crime. 4 2 2 38, 220 
 The precept of the governor protects the person who 
 
 receives the fugitive, n. 223. The courts cannot go be 
 hind the warrant, n. 223. 
 DELIVERED up. Persons held to service or labor in one State, 
 
 escaping into another, shall be delivered up on claim 
 
 of the party to whom such service or labor may be due. . 4 2 3 39, 232 
 This contemplates a summary proceeding, n. 228. The 
 
 clause is in effect a treaty of rendition, Id. The fugitive 
 
 slave laws were constitutional, Id. Copied from the 
 
 Confederation, Art. VI. p. 10. 
 
 DKMAND. A fugitive from justice shall, on demand of the ex 
 ecutive authority of the State from which he fled, be de 
 livered up to be removed to the State having jurisdiction 
 
 of the crime 4 2 2 88, 229 
 
 Person is taken in its largest sense, and menns non-resi 
 dents as well as residents, n. 228. The fugitive may bo 
 
 arrested and detained until demand, I<1. The executive 
 
 upon whom the demand is made cannot go behind it, Id. 
 
 This duty is ministerial, Id. The governors warrant on 
 
 demand, Id. Copied from the Confederation, Art. VI., 
 
 p. 10. 
 DENIZENS of acquired soil become citizens, n. 19. No middle 
 
 class of, in the United States, n. 169. 
 DEPARTMENT of the government. Congress shall have power 
 
 to make all laws which shall be necessary and proper for 
 
 carrying into execution the foregoing powers, and all 
 
 other powers vested by this Constitution in the govern 
 ment of the United States, or in any department or office 
 
 thereof 1 8 18 80,138 
 
 This power defined and discussed, n. 138. 
 DEPARTMENTS. The President may require the opinion, in writing, 
 
 of the principal officer in each of the executive depart 
 ments 2 2 1 85,171 
 
 These opinions how given, n. 176. The departments 
 
 enumerated, Id. 
 DEPARTMENTS. The Congress may by law vest the appointment of 
 
 such inferior officers as they think proper in the President 
 
 alone, in the courts of law, or in the heads of departments. . 222 85174 
 
 (See note 183.) 
 DEPRIVED. No State without its consent shall be deprived of its 
 
 equal suffrage in the Senate 5 40, 246 
 
 DEVOLVE. In case of the removal of the President from office, or 
 
 of his death, resignation, or inability to discharge the 
 
 powers and duties of the said office, the same shall devolve 
 
 on the Vice-President 215 34,69 
 
 The law regulating the subject, n. 172. A list of the 
 
 Vice-Presidents upon whom the presidency has devolved, 
 
 n. 172, p. 170. 
 DICKINSON, JOHN. Deputy from Delaware. Signed the Articles of 
 
 Confederation, p. 21 ; signed this Constitution, p. 42. 
 DIRECT tax. Representatives and direct taxes to be apportioned 
 
 nrnong the States according to their respective numbers, 
 
 &c. (See Representative*.} 1 2 8 23, 6T 
 
 Direct taxes defined, n. 22. Must be laid by rule of ap 
 portionment, Id. notes 81, 144. How apportioned, n. 23. 
 
 "Numbers" defined and discussed, n. 24. Population in 
 
 different decades, Id pp. 70-71. 
 DIREOT tax. No capitation or other direct tax shall be laid, unless 
 
 in proportion to the census or enumeration hereinbefore 
 
 directed to be taken 194 31,149 
 
 " Capitation " defined, n. 144. Principles on which the 
 
326 INDEX. 
 
 Art. sec. cl. pp. 
 
 government suppressed the rebellion, Id. General Jackson 
 
 on nullification, Id. "Census" defined, n. 145. 
 DISCHARGED from service or labor. No person held to service or 
 
 labor in one State shall be discharged from such service or 
 
 labor in another T . 423 39,289 
 
 DISCITLIMNG the militia. Congress shall have power to provide 
 
 for organizing, arming, and disciplining the militia, and for 
 
 governing such part of them as may be employed in the 
 
 service of the United States, reserving to the "States re 
 spectively the appointment of the officers, and the author 
 ity of training the militia according to the discipline 
 
 prescribed by Congress 1 8 16 29, 135 
 
 The full meaning of "organizing, arming," &c., n. 134. 
 
 Decisions on the constitutionality of conscription, Id. 
 
 n. 118, p. 129. 
 DISCOVKKIES. Exclusive right to discoveries may be secured by 
 
 inventors for a limited time 1 8 8 29,121 
 
 Copyrights and patents discussed, n. 107, pp. 122, 123. 
 DisrRANCinsEMENT of a citizen not an unusual punishment, n. 
 
 267, p. 268. Certain officers who had engaged in the rebel 
 lion disfranchised, n. 276, p. 283, 5. 
 DISORDERLY behavior. Each house may punish its members for 
 
 disorderly behavior 1 5 2 26, 80 
 
 Power of Congress as to contempts, n. 48. Sam Hous 
 ton s case, Id. Legitimate grounds of expulsion, Id. p. 87. 
 
 Kebel senators expelled, n. 50. 
 DISPARAGE defined, n. 258. 
 DISPUTES between States. How settled under the Confederation, 
 
 Art. IX. p. 14. 
 DISQUALIFICATION. Judgment on impeachment a disqualification 
 
 to hold and enjoy any office, &c., under the United States.. 137 15,82 
 Judgment on impeachment cannot be short of removal 
 
 from office, n. 40. Usage in England, Id. Does not affect 
 
 his person, Id Civil officers liable to impeachment, n. 191. 
 
 Impeachment by the common law defined. Id. Keport of 
 
 Committee on Impeachment of President Johnson, with 
 
 precedents cited, n. 194, p. 188. (See 14 cl. amMt, p. 279.) 
 DISTRICT not exceeding ten miles square. Congress shall have 
 
 power to exercise exclusive legislation in all cases whatso 
 ever over such district (not exceeding ten miles square) 
 
 as may, by cession of particular States and the acceptance 
 
 of Congress, become the seat^of the government of the 
 
 United States 1 8 IT 80, t36 
 
 Cession of the District of Columbia, n. 136. This power 
 
 includes taxation, n. 137. Carries with it right of exclusive 
 
 jurisdiction, Id. No action can be taken in any case in 
 
 the ceded district, after cession, by the State ceding, Id. 
 
 p. 138. 
 DISTRICT. In all criminal prosecutions the accused shall enjoy the 
 
 right to a speedy and public trial by an impartial jury of 
 
 the State and district wherein the crime shall have been 
 
 committed, which district shall have been previously 
 
 ascertained by law. Amendments 6 44, 263 
 
 DIVIDED. The Vice-President shall have no vote unless the Senate- 
 
 be equally divided 1 8 4 24,77 
 
 " V ice- President " and his powers discussed, n. 86. 
 Divnns Providence. Firm reliance on, by signers of the Dec. of 
 
 Ind. p. 7. 
 DOCK-YARDS. &o. Congress shall have power to exercise exclusive 
 
 legislation over dock-yards 1 8 17 80,136 
 
 This power carries with it right of exclusive jurisdiction, 
 
 n. 136. Limitation of this power, Id. 
 DOMESTIC violence. The United States shall, on application of the 
 
 legislature, or of the executive (when the legislature 
 
 cannot be convened), protect each State against domestic 
 
 violence 4 4 39,242 
 
 This subject discussed and explained by history, notes 
 
 234,235, 
 
INDEX. 
 
 327 
 
 DKAYTON, "WILLIAM HEXRY, of South Carolina. Signed Articles 
 of Confederation, p. 21. 
 
 DUANE, JAMES, of New York. Signed Articles of Confederation, 
 p. 21. 
 
 DUEE, WILLIAM, of New York. Signed Articles of Confederation, 
 p. 21. 
 
 DURING good behavior. The judges, both of the Supreme and 
 inferior courts, shall hold their offices during good be 
 havior 8 
 
 Good behavior defined, n. 197. Judges impeachable for 
 want of, n. 194. 
 
 DUTIES. Congress shall have power to lay duties 1 
 
 DUTIES. All duties, imposts, and excises shall be uniform through 
 out the United States ^... 1 
 
 Must be laid by rule of uniformity, n. 22. Defined, 
 n. 75. Extent of the power, n. 73. 
 
 DUTIES. No preference shall be jriven by any regulation of com 
 merce or revenue to the ports of one State over those of 
 another ; nor shall vessels bound to or from one State be 
 
 obliged to enter, clear, or pay duties in another 1 
 
 Exports to be free from all duty, n. 146. " Preference" 
 defined, n. 147. Extent of this inhibition to States, Id. 
 The coasting trade encouraged, n. 143. 
 
 DUTIES on imports. No State shall, without the consent of tho 
 Congress, lay any imposts or duties on imports or ex 
 ports, except what may be absolutely necessarv for exe 
 cuting Us inspection faws: and the net produce of all 
 duties and imposts laid by any State on imports or exports 
 shall be for the use of the Treasury of the United States, 
 and all such laws shall be subject to the revision and con 
 trol of the Congress 1 
 
 Defined, n. 162. Extent of the necessity, Id. p. 162. 
 Inspection laws defined, p. 162. 
 
 DUTIES. In case of the death, removal, resignation, or inability of 
 the President to discharge the powers and duties of that 
 office, the same shall devolve on the Vice-President, &c.. 
 Act of Congress for filling vacancies, n. 172. (See Va 
 cancies.) 
 
 DUTIES. The President may require the opinion, in writing, of the 
 principal officer in each of the executive departments, 
 upon any subject relating to the duties of their respective 
 
 offices -. 2 
 
 How the "opinions" are delivered, n. 176. Various 
 departments, Id. Jefferson s opinion on this subject, 
 Id. 
 
 DUTY or tax might have been imposed on imported persons (or 
 
 slaves) up to 1SOS 1 
 
 "Persons" defined and discussed, n. 139. 
 
 DUTY. No tax or duty shall be luid on articles exported from any 
 
 State 1 
 
 No duty on exports, n. 146. (See Duties.) 
 
 DUTY of tonnage. No State shall, without the consent of Con 
 gress, lay any duty of tonnage 1 
 
 A duty n imports and tonnage defined, notes 162, 163. 
 "Tonnage 11 defined, Id. 
 
 ECCLESIASTICAL Establishments, National, prohibited, n. 245. 
 
 EFFECT of proceedings of States. Congress may, by general 
 laws, prescribe the effect of the public acts, records, and 
 proceedings of States 4 
 
 EFFECTS. The right of the people to be secure in their effects 
 against unreasonable searches and seizures shall not be 
 violated. Amendments 4 
 
 ELECTED. Representatives in Congress shall be chosen or elected 
 
 every second year by the people of the several States .... 1 
 
 " People of the se veral States defined, n. 16. Negroes 
 not of the people," Id. Qualifications of representatives, 
 Id. Qualifications in the several States, n. 17, pp. 60-65. 
 
 Art. sec. cl. 
 
 pp. 
 
 86, 193 
 
 28,94 
 
 28,94 
 
 9 6 81, 150 
 
 10 2 
 
 32, 161 
 
 215 34,169 
 
 2 1 
 
 35, 171 
 
 S3, 213 
 
 44, 257 
 22, 5S 
 
328 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 
 Citizenship does not necessarily confer the suffrage, n. 18. 
 
 The right of suffrage defined, Id. 
 ELECTED. Two senators from each State shall be chosen (or 
 
 elected) by the legislature thereof, for six years 1 3 1 24, 74 
 
 Why two from" each State, n. 28. Why elected by the 
 
 legislature. Id. Mode of election, Id. Hamilton s opin 
 ion, Id. General usage, n. 29. Cameron s, Marian s, and 
 
 Stockton s cases, Id. Act of Congress with regard to 
 
 elections, n. 80. In case of a vacancy, Id. p. 76. The 
 
 election certified, Id. 
 ELECTION. When vacancies happen in the representation from a 
 
 State, the executive thereof shall issue writs of election 
 
 to fill them 124 23,72 
 
 Basis of action of the executive, n. 25. Incompatible 
 
 offices cause a vacancy, Id. How vacancies are created, Id. 
 ELECTION of senators prescribed by statute; the act, n. 76. 
 ELECTION of President and Vice-Presiderit United States. The 
 
 President shall hold his office during the term of four 
 
 years, and, together with the Vice-President, chosen for 
 
 the same term, be elected as follows : 211 32,102 
 
 List of Presidents, n. 166. Electors defined, n. 107. 
 
 Number of electors, Id. Qualifications of Vice- President, 
 
 1686. (See pp. 163-169.) 
 ELECTION. President and Vice-President United States: 
 
 Each State shall appoint, in such manner as the legisla 
 ture thereof may direct, a number of electors equal to the 
 
 whole number of senators and representatives to which the 
 
 State may be entitled in the Congress ; but no senator or 
 
 representative, or person holding an otfice of trust or 
 
 profit under the United States, shall be appointed an 
 
 elector 2 1 2 82,164 
 
 Electors defined, n. 107. Number of electors, Id. 
 
 The electors shall meet in their respective States, and 
 
 vote by ballot for President and Vice-President, one of 
 
 whom, at least, shall not be an inhabitant of the same 
 
 State with themselves. They shall name in their ballots 
 
 the person voted for as President, and, in distinct ballots, 
 
 the person voted for as Vice-President; nnd they shall 
 
 make distinct lists of all persons voted for as President, 
 
 nnd of all persons voted for as Vice-President, and of the 
 
 number of votes for each; which lists they shall sign and 
 
 certifv, and transmit sealed to the seat of government of 
 
 the United States, directed to the President of the Senate. 
 
 The President of the Senate shall, in presence of the 
 
 Senate and House of Representatives, open all the certi 
 ficates, and the votes shall then be counted : the person 
 
 having the greatest number of votes for President shall 
 
 be the President, if such number be a majority of the 
 
 whole number of electors appointed ; and if no person have 
 
 such majority, then, from the persons having the highest 
 
 numbers, not exceeding three, on the list of those voted 
 
 for as President, the House of Representatives shall 
 
 choose, immediately, by ballot, the President. But, in 
 
 choosing the President, the votes shall be taken by States, 
 
 the representation from each State having one vote : a 
 
 quorum for tliis purpose shall consist of a member or 
 
 members from two-thirds of the States, and a majority of 
 
 all the States shall be necessary to a choice. And if the 
 
 House of Representatives shall not choose a President, 
 
 whenever the right of choice shall devolve upon them, 
 
 before the fourth day of March next, following, then the 
 
 Vice-President shall act as President, as in the case of the 
 
 death, or other constitutional disability of the President. 
 
 Amendments 12 1 46,164 
 
 The person having the greatest number of votes as 
 
 Vice-President shall be the Vice-President, if such num 
 ber be a majority of the whole number of electors ap 
 pointed; and if no person have a majority, then from the 
 
INDEX 329 
 
 "* ^fc^A^J ^ k SCC> C ^ PP 
 
 two highest numbers on the list the Senate shall chooso 
 
 the Vice-President: a quorum for the purpose shall consist 
 
 of two-thirds of the whole number of senators, and a 
 
 majority of the whole number shall be necessary to a 
 
 choice. Amendments .................................. 12 2 47,166 
 
 But no person constitutionally ineligible to the office of 
 
 President, shall be eligible to that of Vice-President of 
 
 the United States. Amendments ........... . ........... 12 3 47,166 
 
 Congress may determine the time of choosing the elect 
 
 ors, and the day on which they shall give their votes; 
 
 which day shall be the same throughout the United States. 2 1 4 84, 167 
 In case of the removal of the President from office, or of 
 
 his death, resignation, or inability to discharge the powers 
 
 and duties of the said office, the same shall devolve on the 
 
 Vice-President, and the Congress may by law provide for 
 
 the case of removal, death, resignation, or inability, both 
 
 of the President and Vice-President, declaring what officer 
 
 shall then act as President, and such officer shall act ac 
 
 cordingly, until the disability be removed, or a President 
 
 shall be elected ........................................ 2 1 5 34, 1C9 
 
 ELECTIONS. The times, places, and manner of holding elections for 
 
 senators and representatives shall be prescribed in each 
 
 State by the legislature thereof, but the Congress may, at 
 
 any time, by law make or alter such regulations, except 
 
 as to the places of choosing senators ..................... 1 4 1 25, 83 
 
 The power of the governor of the State o ver, n. 41. 
 
 Meaning of "time, place, and manner," Id. and n. 46. The 
 
 question of the power of Congress, with regard to, n. 241. 
 ELECTIONS. Each house shall be the judge of the elections, re 
 
 turns, and qualifications of its own members .............. 1 5 1 25,84 
 
 " Elections, returns, and qualifications " defined, notes 44, 
 
 45, 46. A test oath necessitated by the rebellion, notes 46, 242. 
 
 Arguments pro and contra the disqualifications of partici 
 
 pants in the rebellion, n. 46. 
 ELECTIVE franchise. How it is given and differs in all the States, 
 
 notes 16, 17, 18. It is a power, not a right, n. 18. "Under 
 
 the control of the States," n. 41. Doubts thrown upon 
 
 this, n. 17, "NEBRASKA," n. 274. When the constitu 
 
 tions shall make no distinction on account of color in the 
 
 elective franchise, notes 276, 283, 5. The right of the States 
 
 to determine under the 14th amendment still seems to bo 
 
 left unimpaired, n. 280. 
 ELECTOR. No senator or representative, or person holding an 
 
 office of trust or profit under the United States, shall be 
 
 appointed an elector of President or Vice-President of the 
 
 UnitedStates ........................................... 212 32,164 
 
 ELECTORS. The qualifications of electors of representatives in 
 
 Congress to be the same as for electors of the most nume 
 
 rous branch of the State legislature ...................... 1 2 1 22, 68 
 
 The subject logically considered, n. 16, pp. 59, 60. The 
 
 qualifications of electors in each State, n. 17, pp. 60-64. 
 
 No uniformity except as to males, and the age of 21 years; 
 
 the necessity of uniformity considered, n. 17, pp 64-65. 
 The right of the States to define claimed, notes 41, 244, 27 
 " 
 
 274, 
 
 p. 283." Qualification of, in rebel States on the reconstruc 
 tion measures, without distinction, of color, excluding 
 those rebels who had held certain offices, n. 276, pp. 2S3, 
 288. 5, 6. Of delegates to the reconstruction conventions. 
 For officers under the provisional governments, n. 276, 
 p. 283, 6. To be registered and how, n. 276 (supplement 
 ary act), p. 284, 1. Approval of the qualified. Id. 6. 
 Hoards of registration to ascertain the qualifications of 
 electors, n. 276, p. 287, 5. The disqualification explained, 
 Id. 6. 
 ELECTORS of President and Vice-President of the United States. 
 
 Appointment, qualification, time of choosing, and duties of , 010 QO IKA 
 electors. Amendments.... ............... . .............. \ , 2 . 2 f, ??f 
 
 Electors defined and discussed, n. 167. Choice of the electors L * 
 
330 INDEX. 
 
 Art sec. cL pp. 
 
 & point of issue, Id. Numbers and apportionment of the 
 
 electors, Id. When they meet, n. 166. Compared with 
 
 electors for legislators and members of Congress, notes 17, 
 
 18, 107. Of delegates in Congress for only three years 
 
 under tt)e Confederation, Art. V. p. 11. 
 ELIGIBILITY of a representative in Congress. No person shall be 
 
 a representative who shall not have attained to the age of 
 
 twenty-live years, and been seven years a citizen of the 
 
 United States, and who shall not when elected be an in 
 habitant of that State in which he shall be chosen 1 2 2 23, 66 
 
 "Person 11 defined, n. 19. Citizens and persons not the 
 
 same, notes 17, 18, 19, 220, 274 The person must be an 
 
 inhabitant of the State, n. 19. Qualifications may be super- 
 added, notes 46, 242. 
 
 ELIGIBILITY of a senator in Congress. No person shall be a sen 
 ator who shall not have attained to the age of thirty years, 
 
 and been nine years a citizen of the United States, and 
 
 who shall not, when elected, be an inhabitant of that State 
 
 for which he shall be chosen 133 24, 7T 
 
 Person defined as in note 19, n. 35. Shields rejected for 
 
 want of, n. 85. Qualifications compared, notes 46. 169, p. 
 
 188. Have been superadded by test oath, notes 46, 242. 
 ELIGIBILITY of electors of President and Vice-President of the 
 
 United Stales. No senator or representative, or person 
 
 holding an office of trust or profit under the United States, 
 
 shall be appointed an elector 212 32,164 
 
 (See note 167.) No person eligible to office under the 
 
 federal government who cannot, take the test oath, n. 242. 
 
 Nor to practice as attorney, n. 242. This unconstitutional, 
 
 as to those already having the right, n. 143, p. 148, n. 242. 
 ELIGIBILITY of the President of the United States. No person, 
 
 except a natural born citizen, or a citizen of the United 
 
 States at the time of the adoption of this Constitution, 
 
 shall be eligible to the office of President: neither shall 
 
 any person be eligible to that office who shall not have 
 
 attained to the age of thirty-five years, and been fourteen 
 
 years a resident within the United States 2 1 4 34,16T 
 
 A natural born citizen defined (See Citizen), notes 17, 
 
 18, 169, 274. Every person burn in the country is, at the 
 
 moment of birth, primn facie a citizen, n. 169. Few of 
 
 the foreign born at the time of the adoption of the Consti 
 tution now eligible, n. 170. Those born upon purchased 
 
 or annexed soil, not eligible, n. 179. The President must 
 
 be a man, n. 170. Age cannot be dispensed with, n. 171. 
 
 Residence defined, n. 171. 
 
 ELIGIBILITY of the Vice President of the United States. No per 
 son constitutionally ineligible to the office of President 
 
 shall be eligible to that of Vice-President of the United 
 
 States. Amendments 12 2 47,166 
 
 ELIGIBILITY of delegates in the conventions of the rebel States, 
 
 n. 276. p. 283, 5. 
 KLLKEY, WILLIAM. Delegate from Ehode Island. Signed Dec. 
 
 of Ind. p. 7; and the Articles of Confederation, p. 21. 
 EMTNEXT domain. All contracts are subject to the right of eminent 
 
 domain of the State, n. 157, p. 157. The States must not 
 
 infract the national right of, n. 89. May be taken for pub 
 lic use, n. 258. 
 EMOLUME-NT. No person holding any office of profit or trust 
 
 under the United States, shall, without the consent of 
 
 Coneress, accept of any present, emolument, office, or title 
 
 of any kind whatever from any king, prince, or foreign State 19831, 152 
 Office defined, n. 151. Does not extend to private 
 
 citizens, n. 151, p. 159. The acceptance of an incompatible 
 
 office vacates the other, notes 62, 63. 
 E.MOLUMKNT of the President of the United States. The President 
 
 shall receive a stated compensation, but no other emolu 
 ment from the United States, or either of them 2 1 6 34, 170 
 
 Fired at $25,000 per annum, n. 173. 
 
INDEX. 
 
 331 
 
 Art. sec. cl. 
 
 pp. 
 
 EMOLUMENTS. No senator or representative shall, during the 
 time for which he was elected, be appointed to any civil 
 office under the authority of the United States, which 
 shall have been created, or the emoluments whereof shall 
 
 have been increased, during such time 1 
 
 (See Eligibility, notes, 19. 35, 46, 169, 242.) 
 
 ENABLING acts. Some States admitted by and some without, n. 230. 
 The effect of Constitution and admission is to annul them, 
 
 n. 230 
 
 ENEMIES. Treason against the United States shall consist onlv in 
 levying war against them, or in adhering to their enemies, 
 
 giving them aid and comfort 331 
 
 Treason defined, and its origin, n. 215. The enemies 
 are those who levy war. Id. 
 
 ENGAGEMENTS entered into. All debts contracted or engagements 
 entered into before the adoption of this Constitution shall 
 be as valid against the United States under this Constitu 
 tion as under the Confederation 6 1 
 
 This clause and its reason considered, n. 237. 
 ENGLISH laws. For abolishing the free system of, p. 4. 
 ENSURE domestic tranquillity. The Constitution established in 
 
 order to insure domestic tranquillity, fec. Preamble 
 
 Means peace among and between the States, n. 9. (See 
 Insure.) 
 ENTER. Vessels bound to or from one State shall not be obliged 
 
 to enter, clear, or pay duties in another 1 9 6 
 
 Pilotage fees not unconstitutional, n. 148. Port dues for 
 the benefit of a State, unconstitutional, n. 162. 
 ENTER. No State shall enter into any treaty, alliance, or confeder 
 ation 1 10 1 
 
 Because this is a national power, n. 152. 
 
 ENTEK. No State shall, without the consent of Congress, enter 
 into any agreement or compact with another State, or with 
 
 a foreign power 1 10 2 
 
 The words were used in their broadest sense, and to cut 
 off negotiations with foreign nations, n. 164. 
 
 ENTITLED. The citizens of each State shall be entitled to all the 
 privileges and immunities of citizens in the several 
 
 States 4 2 1 
 
 (See Citizens, notes 17, 18, 93, 169, 220, 221, 274.) 
 The citizen going into another State is entitled to all the 
 privileges. <c., of the other citizens of that State, and no 
 mor*, n. 222. 
 
 ENUMERATED Powers. The specially granted powers were not 
 numbered in the Constitution, but the numerals have been 
 prefixed by authors for convenience, n. 74, p. 51. 
 
 (See Numeration, n. 268.) 
 
 ENUMERATION of the people to be made within three years after 
 first meeting of Congress, and every ten years thereafter, 
 
 in such manner as they shall by law direct 1 2 3 23,67 
 
 Tables of the numbers according to the several enumer 
 ations, n. 24, pp. 68-71. 
 
 ENUMERATION. No capitation or other direct tax shall be laid, 
 unless in proportion to the census or enumeration herein 
 before directed to be taken 1 9 i 31,149 
 
 Capitation defined, n. 144. Taxes on lands are direct 
 taxes, n. 144. They must be by the rule of apportionment, 
 notes 22, 72, 77, 81, 85, 144. 
 
 ENUMERATION of rights. The enumeration in the Constitution of 
 certain rights shall not be construed to deny or dis- 
 
 pange others retained by the people. Amendments 9 45. 268 
 
 (See Enumerated Powers, n. 74.) Enumeration defined, 
 n. 25S. Of certain rights defined, n. 268. Deny and dis 
 parage defined. Id. 
 EQUAL suffrage. No State, without its consent, shall be deprived 
 
 of its equal suffrage in the Senate 5 40, 246 
 
 Equal in no two States, notes 17, 18. Made equal in 
 
 2 27, 90 
 
 1 88, 211 
 
 1 40, 247 
 22,53 
 
 6 81,150 
 1 81,153 
 82, 161 
 
332 INDEX. 
 
 Art. sec. cl. pp. 
 
 the rebel States without regard to color, n. 276. (The re 
 construction acts.) 
 
 EQUITY. The judicial power shall extend to nil cases in law and 
 equity arising under this Constitution, the laws of the 
 United States, and treaties made or which shall be made 
 
 under their authority , 321 87,194 
 
 Cases in equity defined, n. 200. There must be no ade 
 quate remedy at law, n. 200. 
 
 EQUITY. The judicial power of the United States shall not be con 
 strued to extend to any suit in law or equity commenced 
 or prosecuted against one of the United States by citizens 
 of another State, or by citizens or subjects of any foreign 
 
 State. Amendments 11 46,269 
 
 This amends the first section of the third article so as to 
 prevent suits against the States, notes 205, 270. 
 
 ESCAPING. Persons held to service or labor (or slaves), escaping 
 into another State, shall be delivered up on claim of the 
 
 party to whom such service or labor may be due 4 2 8 89, 282 
 
 Persons and State defined, n. 226. Escaping defined 
 and distinguished from carrying by the master, notes 
 222, 227. The owner s rights, n. 222. Delivered up con 
 templates a summaiy remedy, n. 228. This clause is a 
 treaty, Id. 
 
 ESTABLISH. Cited whenever used in the Constitution, n. 104. 
 
 ESTABLISH. The judicial power of the United States shall be 
 vested in one Supreme Court, and in such inferior courts 
 as the Congress may from time to time ordain and estab 
 lish 3 1 86,189 
 
 This clause discussed, notes 195-197. To establish is 
 to put into operation, notes 12, 13, 243. See the word 
 on the text to notes 293-296; and Establishment^ 
 notes 242-245. 
 
 ESTABLISH justice. The Constitution formed in order to establish 
 
 justice, &c. Preamble. 22,53 
 
 Justice defined and how established, n. 8. 
 
 ESTABLISHMENT of the Constitution. We, the people of the 
 United States, in order to form a more perfect union, es 
 tablish justice, insure domestic tranquillity, provide, for 
 the common defense, promote the general welfare, and se 
 cure the blessings of liberty to ourselves and our pos 
 terity, do ordain and establish this Constitution for the 
 
 United States of America. Preamble 22,53 
 
 This preamble, why consulted, and its divisions, n. 5. 
 The difference from the Confederate Constitution, n. 5. 
 "The people" defined, n. 6. A more perfect union, n. 7. 
 Justice defined. Every term defined, notes 6-13. A gov 
 ernment was established, 1, 4, S. 
 
 ESTABLISHMENT of this Constitution. The ratification of the Con 
 ventions of nine States shall be sufficient for the establish 
 ment of this Constitution between the States so ratifying 
 
 the same 7 41,252 
 
 How, when, and by what States the Constitution was 
 ratified and established, notes 242, 243. 
 
 ESTABLISHMENT of religion. Congress shall make no law respect 
 ing an establishment of religion. Amendments 1 43,254 
 
 Establishment here means a system of religion or 
 established church, n. 245. lieligion defined ; all religions 
 tolerated, n. 245. 
 
 EXCESSIVE bail shall not be required, nor excessive fines imposed, 
 nor cruel and unusual punishments inflicted. Amend 
 ments 8 45, 267 
 
 Bail defined, n. 206. What punishment is not excessive, 
 n. 2<>6. Disfranchisement is not unusual punishment, 
 n. 267. 
 
 EXCISES. Congress shall have power to lay excises 1 8 1 28, 94 
 
 Defined and discussed, n. 77. 
 
 EXCISES. All duties, imposts, and excises shall be uniform through 
 out the United States 1 8 1 28,94 
 
INDEX. 
 
 Art. sec. cl. 
 
 8 17 
 
 8 15 
 
 This nnformity in contradistinction to apportionment, 
 n. 81. 
 
 EXCLUSIVE. The admiralty jurisdiction is exclusive, and the 
 State assumption of it is unconstitutional, n. 203. 
 
 The power to regulate commerce is exclusive, and 
 leaves no residuum, n. 85. Jurisdiction of the Supreme 
 Court when exclusive, n. 210. And so of courts under the 
 Constitution, n. 211. The power of Congress over fugitive 
 slaves was exclusive, n. 227. 
 
 EXCLUSIVE rights to writings and discoveries in science and the 
 useful arts may be secured to authors and inventors for a 
 
 limited time 1 8 
 
 Copyrights, how secured, n. 107. Inventors defined, n. 
 108, p. 122. Question discussed, n. 108. 
 
 EXCLUSIVE legislation in all cases whatsoever shall be exercised 
 by Congress over such district (not exceeding ten miles 
 square) as may, by cession of particular States and the ac 
 ceptance of Congress, become the seat of the government 
 
 of the United States 1 
 
 District of Columbia ceded to United States, n. 136. 
 Limitation of this power, n. 137. 
 
 EXECUTE. To provide for calling forth the militia to execute the 
 laws of the Union, suppress insurrections, and repel in 
 vasions 1 
 
 Militia defined, n. 130. Limitation of the President s 
 power, Id. When the militia become national, Id. Laws 
 of the Union defined, n. 131. Insurrections, &c., defined, 
 n. 132. Defined, notes 143, 156. The civil law definition, 
 n. 156. 
 
 EXECUTE. The President is required to take an oath faithfully to 
 
 execute the office of President of the United States 2 
 
 The President alone required to take this oath, n. 174. 
 Scope of the term to faithfully execute, n. 164, No one to 
 be put to death under the reconstruction laws without the 
 approval of the President, n. 276, p. 282, 4. 
 
 EXECUTED. The President shall take care that the laws be faith 
 fully executed 2 3 
 
 The meaning and extent of this power, n. 189. 
 
 EXECUTION of the powers of the government. Congress shall have 
 power to make all laws which shall be necessary and 
 proper for carrying into execution the foregoing powers and 
 all other powers vested by this Constitution in the govern 
 ment of the United States, or any department or office 
 thereof 
 
 EXECUTION. Before the President enters upon the execution of 
 his office, he shall take the following oath or affirmation. 
 (See Oath.) 
 
 EXECUTIVE appointment to office, whether or not an executive 
 function disputed, n. 165 
 
 EXECUTIVE authority. The, of any State shall issue writs of elec 
 tion to fill vacancies that may happen in the representa 
 tion of such State 124 
 
 The executive may receive resignations and may fill 
 actual vacancies without waiting, n. 25. Vacancies, how 
 created, n. 25. 
 
 EXEMPLIFICATIONS of office, books, &c. ; how to be certified, n. 219, 
 p. 221. Decisions on the statute, n. 219. 
 
 EXPEDIENT. The President shall, from time to time, recommend 
 to Congress such measures as he shall judge necessary and 
 
 expedient 2 3 
 
 Practice of sending a written message to Congress, 
 n. 187. 
 
 EXPEL a member. Either house of Congress may, with the con 
 currence of two-thirds, expel a member 1 5 2 
 
 A member may be expelled for an often se contrary to no 
 statute, n. 49. Kebel senators expelled, n, 50. 
 
 ExPBNDiTUBES. A regular statement and account of the receipts 
 
 333 
 
 PP. 
 
 29, 121 
 
 29,13 
 
 1 7 35, 170 
 86,183 
 
 80, 138 
 35, 170 
 
 23, 72 
 
 26,86 
 
334 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 and expenditures of all public money shall be published 
 
 from time to time 197 31,151 
 
 Variance of the Confederate States Constitution, n. 149. 
 Creation of court of claims: the creditor s remedy, Id. 
 EXPORTS. No duty or tax shall be laid on articles exported from 
 
 any State 1 9 5 31,150 
 
 This wholly takes away the power over exports, n. 146. 
 
 It was stricken out of the Confederate Constitution, n. 146. 
 
 EXPORTS, &c. No State shall, without the consent of Congress, 
 
 lay an v duty on imports or exports 1 10 2 32,161 
 
 (See" note 146.) The terms defined, notes 65-67. Im 
 ports, or duties on imports, defined, n. 164. 
 Ex POST FACTO law. No bill of attainder OP ex post facto law shall 
 
 be passed 193 31,146 
 
 Defined, notes 143, 156. Relates only to criminal law, 
 n. 143. The Missouri expurgatory oath is unconstitutional 
 n. 143. Defined according to the civil law, n. 156. 
 Ex POST FACTO law. No State shall pass any ex pout facto > law. . 1 10 1 31,153 
 
 Ex post facto laws defined, notes 143, 156. Limitation 
 of ex post facto laws, Id. Attorney s test oath and expur 
 gatory oath in Missouri, not ex post facto laws, Id. (See 
 n. 242.) 
 
 EXTRAORDINARY occasions. The President may, on extraordinary 
 occasions, convene both houses of Congress, or either 
 
 of them 2 3 86,183 
 
 This power has been frequently exercised, n. 188. 
 
 FACT and law. The Supreme Court shall have appellate jurisdic 
 tion both as to law and fact, &c 322 37,204 
 
 Not to grant new trials upon the facts since the seventh 
 amendment, notes 211, 2t >3. 
 
 FAITH and credit, full, to be given to public acts, records, and pro 
 ceedings of States, &c 4 1 38,213 
 
 (See Act*, Authentication, Credit, Judicial Proceed- 
 iny*, Jud amen t*, Records.) That credit which the State 
 itself gives, notes 218, 219, which exhaust the subject. 
 
 FEDERAL courts. Can only issue a habenx corpus in aid of their 
 own jurisdiction,n. 141, p. 141; in all cases which it would 
 reach at common law, p. 142. State courts cannot arrest 
 their writs, n. 141. p. 143. 
 
 FEDERAL judges have exclusive jurisdiction on habeas corpus 
 when the applicant is imprisoned by authority of the 
 United State?, n. 141, p. 142. 
 
 FELONIES. Congress shall have power to define and punish pira 
 cies and felonies committed on the high seas, and offenses 
 
 against the law of nations 1 8 10 29,124 
 
 To define, to punish, piracy, and felony, defined, notes 
 110, 111, 112. 113. 192, 193. 194. The, civil and not the com 
 mon law definition adopted, n. 113. Misdemeanor used in 
 contradistinction to felony, n. 194. (See ()ffenxe,$, n. 194.) 
 This power under the Confederation. Art. IX. p. 14. 
 
 FELONY Members of Congress may be arrested for felony 161 26,88 
 
 The arrest may be for any indictable offense, n. 56. 
 
 FELONY. A person charged with, fleeing from one State to 
 
 another, to be delivered up on demand 4 2 2 38,229 
 
 A person means any one who has committed a felony or 
 crime, n. 233. The indictment is conclusive of this, n. 
 223. Those who have been guilty of felony at common 
 law disfranchised by the reconstruction laws, n. 176. 5. 
 
 FEW, WILLIAM. Deputy from Georgia. Signed this Constitution, 
 p. 42. 
 
 FIELD, STKPHEK J. Associate Justice of the Supreme Court, 
 n. 197. p. 192. 
 
 FILLMORE. MIM.A.RD. Vice-President, n 37; and President, n. 166. 
 
 FINKS. Excessive bail shall not be required, nor excessive fines 
 imposed, nor cruel and unusual punishments inflicted. 
 
 Amendments 8 45,267 
 
 A fine of fifty dollars and three months imprisonment 
 
INDEX. 
 
 335 
 
 for violating the liquor law is not excessive, n. 267. Dis- 
 fninchisemerit is not unusual punishment, n. 267. Ot ton 
 thousand dollars for rtiuvfcardfag the tenure of office law, 
 n. 184, pp. 180, 181, 5, 6, 9. 
 
 FITZPATRICK, BENJAMIN. Presiding officer of the Senate, n. 38, 
 p. 81. 
 
 FITZSIMONS. THOMAS. Deputy from Pennsylvania. Signed this 
 Constitution, pp. 42, 252. 
 
 FLORIDA. Qualifications of voters in. n. 17, p. 60. Entitled to 
 one representative, n. 24, p. 69. Number of inhabitants, 
 n. 24, pp. 69. 70. Did not vote in Presidential election of 
 1864, n. 167. Assigned to fifth judicial circuit, n. 191. 
 Inhabitants made citizens, n. 220, p. 222, 4. Admitted 
 into the Union, n.230. Ratified 13th amendment, n. 274, 
 and rejected 14th, n. 275. One of the rebel States, n 27, 
 
 ?. 282, 1. Government declared provisional, n. 276, p. 
 S6, 1. Held convention in, n. 277. Kegistered voters 
 in, n. 278. 
 
 FLOYD, WILLIAM, of New York. Signed the Dec. of Tnd. p. 7. 
 FOOTE, SOLOMON. Presiding officer of the Senate, n. 38, p. 81. 
 FOREIGN birth. The power of naturalization is only applicable to 
 
 persons of, n. 274, p. 276. 
 
 FOREIGN coin. Congress shall have power to coin money, regulate 
 the value thereof, and of foreisn coin ................... 
 
 To coin money and regulate defined, notes 97. 96. 99. 
 Congress has always exerciser the power, n. 100. As a 
 legal tender considered, notes 82, 84, 97, 155. First legal- 
 tender act was in favor of, n. 155. 
 
 Art sec. 
 
 pp. 
 
 FOREIGN extradition jurisdiction is purely political, n. 225. 
 
 tion, Dec. of 
 FOUEIGN nations. Congress shall have power to reg 
 
 FOREIGN, jurisdiction, to our Constitution, 
 
 f Ind. p. 4 
 
 c. of Ind. p. 4 
 r to reulate com 
 merce with foreign nati 
 
 To regulate defined, 85. Commerce, 86 Commerce 
 with foreign nations, between citizens of the United States, 
 and citizens or subjects of foreign governments, n. 87 
 This power is complete in itself, n. 87, p. 106. 
 
 FOREIGN power. No State shall, without the consent of Congress, 
 enter into any agreement or compact with another State, 
 or with any foreign power ............ ................... 
 
 Agreement or compact defined, n. 164. This prohibi 
 tion is political. Id. It was intended to cut off all nego 
 tiations and intercourse between the State authorities and 
 fumtrii nations, n. 164, 
 
 FOREIGN State. No title of nobility shall be granted by the 
 United States, and no person holding any office of profit 
 or trust under them, shall, without the consent of the 
 Congress, accept of any present, emolument, office, or 
 title, of any kind whatever, from any king, prince, or 
 foreignState ............................................ 1 
 
 Office defined ; does not extend to priv&te citizens, 
 n. 151. 
 
 FOREIGN State. The judicial power of the United States shall not 
 be construed to extend to any suit, in law or equity, com 
 menced or prosecuted against one of the United States by 
 citizens of another State, or by citizens or subjects of any 
 foreign State. Amendments ............................ 11 
 
 This is amendatory of the second section of the third 
 article, notes 205, 270. To prevent States being sued by 
 citizens or foreigners, n. 270. 
 
 FOREIGN States, citizens, or subjects. The judicial power shall 
 extend to controversies between a State, or the citizens 
 thereof, and foreign States, citizens, or subjects .......... 3 
 
 Oulv where the State is plaintiff or defendant in error, 
 205a, "270. The history of the subject. 2- ix/.. The interest 
 of the State must appear of record. 205a, 270. 
 FORFEITURE. No attainder of treason shall work corruption of 
 blood or forfeiture, except during the life of the person 
 attainted ............................................... 3 
 
 85 29,114 
 
 183 28,105 
 
 1 10 
 
 32,161 
 
 98 
 
 31,152 
 
 46, 2C9 
 
 37, 194 
 
 38,218 
 
336 INDEX. 
 
 Art. sec. cl. pp. 
 
 (See A ttainder and Corruption of Blood, n. 217.) Felony 
 caused forfeiture of lands or goods at common law, n. 11?. 
 A pardon does not restore oflices forfeited, nor property nor 
 interests vested in others, n. 177, p. 174. 
 
 FORM a more perfect union. The Constitution established in ordei 
 
 to form a more perfect union. Preamble 
 
 Stronger than the Articles of Confederation, n. 7. 
 
 FORTS, <fec. Congress shall have power to exercise exclusive legis 
 lation over forts, &c 1 8 17 
 
 This carries the right to punish for offenses committed 
 within the, n. 137. 
 
 FOSTER, LAFAYETTE 8. Presiding officer of the Senate, n. 38, p. 81. 
 
 FRANCHISE, ELECTIVE. Citizenship has no connection with fran 
 chise or voting, eligibility to office, or political rights, n. 
 275, p. 275, notes 16, 18. Curtailment of to curtail repre 
 sentation, n. 280. The probable effect of this upon the 
 States, Id. 
 
 FRANKLIN, BENJAMIN. Deputy from Pennsylvania. Signed the 
 Dec. of Ind. p. 7; and this Constitution, pp. 42, 252. 
 
 FRANKLIN, JESSE. Presiding officer of the Senate, n. 38, p. 79. 
 
 FREE and independent States. The thirteen colonies declared, p. 6. 
 
 FREE State. A well-regulated militia being necessary to the secu 
 rity of a free State, the right of the people to keep and 
 
 bear arms shall not be infringed. Amendments 2 43,266 
 
 This clause has reference to a free government, n. 249. 
 
 FREEDMEN. Laws for the protection of, enacted under 13th 
 amendment, n. 174. 
 
 FREEDOM of speech and the press. Congress shall make no law 
 respecting an establishment of religion, or prohibiting the 
 free exercise thereof; or abridging the freedom of speech 
 
 or of the press. Amendments 1 43, 254 
 
 Freedom defined, n. 249. And of the press, u. 247. The 
 people and right of petition denned, n. 248. 
 
 FUGITIVES from justice. A person charged in any State with trea 
 son, felony, or other crime, who shall flee from justice, and 
 be found in another State, shall, on demand of the execu 
 tive authority of the State from which he fled, be delivered 
 up, to be removed to the State having jurisdiction of the 
 
 crime 
 
 Person defined ; flee defined, n. 222. A fugitive from 
 lustice may be arrested and detained until requisition, 
 n. 224. The duty of the governor, Id. The Supreme Court 
 cannot force the governor. Id. The fugitive must be 
 claimed as such, and must be one, n. 224. Shall be deliv 
 ered up defined, n. 225. Sufficient warrant to arrest a 
 fugitive, Id. Cannot be surrendered after acquittal or 
 pardon, Id. 
 
 FUGITIVE slaves. No person held to service or labor in one State, 
 under the laws thereof, escaping into another, shall, in 
 consequence of any law or regulation therein, be discharged 
 from such service or labor, but shall be delivered up on 
 claim of the party to whom such service or labor may be due. 428 89,232 
 
 Person defined, n. 226. State extends to Territories and 
 District of Columbia, n. 226. Escape defined, n. 227. Ap 
 prentices included, Id. The President could cause the 
 delivery of fugitive slaves among the Indian tribes, Id. 
 The owner s power over the fugitive, Id. The power of 
 Congress exclusive on the subject, n. 227, p. 233. The 
 right to reclaim fugitive slaves secured, Id. The delivery 
 contemplates summary proceedings, n. 228. This clause 
 was a treaty, Id. 
 
 OAILLARD, JOHN. Presiding officer of the Senate, n. 38, p. 79. 
 GAUGING. Instruments to be procured for, n. 102, p. 117. 
 GENERAL. The highest grade in the army, n. 124. 
 
 GBNBRAJL laws. Congress may, by general laws, prescribe the 
 manner in which the public acts, records, and judicial pro 
 ceedings of States shall be proved, and the effect thereof. .41 88, 213 
 
INDEX. 337 
 
 Art. sec. cl. op. 
 
 The several acts and decisions thereon, which have been 
 prescribed under this clause, n. 219. 
 GENERAL welfare. The Constitution established to promote the 
 
 general welfare. Preamble 22, 53 
 
 This clause defined, n. 10. Was stricken out of the Con 
 federate Constitution, n. 5. 
 GENERAL welfare. Congress shall have power to provide for the 
 
 general welfare 1 8 1 28,94 
 
 Judge Story s reading of this clause, n. 80. Mr. Jeffer 
 son s construction, n. 80. 
 
 GEORGIA. Signed the Dec. of Ind. p. 8 ; the Articles of Con 
 federation, pp. 9, 21 ; and the Constitution of the United 
 
 States, pp. 48, 252. Qualifications for voters in, n. 17, p. 60. 
 
 GEORGIA. Entitled to three representatives in the first Congre4s. 123 23,67 
 Seven representatives by the census of 1860. n. 24, p. 69. 
 
 Population through each d ecade, n. 24. pp. 69, 70. Did not 
 
 vote in the presidential election of 1864, n. 167. Assigned 
 
 to fifth judicial circuit, n. 197, p. 192. Ceded Alabama and 
 
 Mississippi, notes 230, 231, 282. Ratified the 13th consti 
 tutional amendment, n. 274, and rejected the 14th, n. 275. 
 
 Declared one of the rebel States, n. 276, p. 282. Civil gov 
 ernment subject to military control, n. 274, p. 286, 1. 
 
 Held convention, 277. Registered voters in. Id. 
 GERRY, ELBRIDGE, of Mass. Signed the Dec. of Ind., p. 7; and 
 
 Articles of Confederation, p. 21. Vice- President, n. 37. 
 GILMAN, NICHOLAS. Deputy from New Hampshire. Signed this 
 
 Constitution, pp. 42, 252. 
 GOD, ALMIGHTY. (See Almighty God, n. 5.) 
 Goo, the act of, not to aflvct the termination of services, n. 274. 
 GOLD and silver coin. No State shall make any thing but gold and 
 
 silver coin a tender in payment of debts. 1 10 1 81,153 
 
 Remark upon this, n. 152. But Congress may make 
 
 paper a legal tender, notes 83, 97, 98,99, 100, 155. This 
 
 denied, notes 97-100. Examples of paper legal tenders, 
 
 n. 83. The first legal-tender act was in favor of foreign 
 
 coin, n. 155. 
 GOOD behavior. The judges, both of the Supreme and inferior 
 
 courts, shall hold their otlices during good behavior 311 86,189 
 
 That is for life or until impeachment, notes 191, 192, 193, 
 
 194. 197. The precedents of impeachment for want of, 
 
 n. 194. 
 
 GORHAM, NATHANIEL, of Mass. Signed the Constitution, pp.41, 252. 
 GOVERNING the militia. Congress shall have power to provide for 
 
 governing such part of the militia as may be employed in 
 
 the service of the United States 1 8 16 29,135 
 
 This power defined, n. 184, Power of the President 
 
 over, notes 134, 135. 
 GOVERNMKNT. The Constitution created a, not a mere compact, 
 
 Pref. p. viii. notes 2, 4. Cannot take the rights of the 
 
 citizen away, except by due course of law, n. 257. Grand 
 
 juries hear the evidence of the government only, n. 233. 
 
 Reasons for the exclusive in the District of Columbia, 
 
 n. 136. How it is changed by abolishing slavery, n. 274. 
 
 Changes in the, silent and conventional, n. 286, p. 293. 
 
 The fallacy that the President is the government, Id. The 
 
 decisions and influence of the judicial department of, 
 
 Id. 294. The revolutions which have marked the history 
 
 will be found where, Id. p. 294. 
 GOVERNMENT. Congress shall have power to make rules for the 
 
 government and regulation of the land and naval forces... 1 8 14 29,13^ 
 
 These rules, how made and where found, n. 129. 
 GOVERNMENT of the United States. Congress shall have power to 
 
 make all laws which shall be necessary and proper for 
 
 carrying into execution the foregoing powers, and all other 
 
 powers vested by this Constitution in the government 
 
 of the United States, or in any department or office 
 
 thereof 1 8 IS 80, 133 
 
 (See power discussed, notes 71, 128.) Does not mean abso- 
 
338 
 
 INDEX. 
 
 Art. see. cl. 
 
 pp. 
 
 lately necessary, n. 1.98. This enlarges, does not limit, 
 
 n. 138. Necessary discussed, n. 138. Callmun s definition, 
 
 n. 228. Compared with other subjects, notes 262, 264, 269; 
 
 with " appropriate " in the thirteenth amendment, n. 274, 
 
 p. 2T6. (See note 46.) 
 GOVERNMENT. Congress shall make no law abridging the right of 
 
 the people peaceably to assemble and to petition the gov 
 ernment for a redress of grievances. Amendments 1 43,254 
 
 The people used in the broadest sense, n. 248. The 
 
 right of petition and the extent, to the government, 
 
 n. 248. 
 GOVERNMENT. Republican form of, guaranteed. The United 
 
 States shall guarantee to every State in the Union a 
 
 republican form of government 4 4 1 89,242 
 
 The duty is on the government; Congress to decide 
 
 what is the State government, n. 233. Guarantee and 
 
 every State defined, n. 233, pp. 242. 286. Republican 
 
 form of, defined and discussed, n. 248. p. 243. No legal 
 
 State governments exist in the ten rebel States, n. 276, 
 
 p. 282, preamble. Held subject to the wiil of the military 
 
 commanders and of Congress, n. 284, p. 286, 1. Power 
 
 of the military commanders to remove the officers of the 
 
 so-called, n. 274, pp. 286, 287, 2. To remove all who are 
 
 disloyal to the government of the United States or 
 
 oppose reconstruction, Id. 4. 
 
 GOVERNMENT. Seat of government established 1 8 17 30,136 
 
 Ceded by Maryland and Virginia, n. 137. 
 GRAIN. A weight of the metric system, n. 102, p. 118, 2. 
 GRAND jury. No person shall be held to answer for a capital or 
 
 otherwise infamous crime, unless on a presentment or 
 
 indictment of a grand jury, &c. Amendments 5 44,258 
 
 Slaves were not persons within the meaning of this 
 
 clause, n. 2a3. Capital, &c., crime defined, n. 253. Pre 
 sentment and indictment defined, Id. Grand jury not less 
 
 than twelve nor more than twenty -three, n. 253. Regu 
 lated by statute, Id. 
 
 GRANT. No State shall grant any title of nobility 1 10 1 31,153 
 
 GBANT. The President shall have power to grant reprieves and 
 
 pardons for offenses against the United States, except in 
 
 cases of impeachment 2 2 1 85,171 
 
 Reprieves and pardons defined and discussed, n. 177. To 
 
 grant a reprieve is to withdraw a sentence of death for a 
 
 time, n. 177. 
 
 GRANT, ULYSSES S. General of the United States army, n. 124. 
 GRANTED powers. All legislative powers granted shall be vested 
 
 in a Congress of the United States Ill 22,58 
 
 Legislative power defined, n. 14. Congrn ss defined and 
 
 discussed, n. 15. The wisdom of this division of power. 
 
 n. 15. 
 GRANTING commission?. The President shall have power to fill 
 
 up all vacancies that may happen during the recess of the 
 
 Senate, by granting commissions which shall expire at the 
 
 end of their next session 223 3G,1S2 
 
 This subject discussed and compared with the Civil 
 
 Rights Bill, n. 185. How the vacancies may occur, Id. 
 
 How long these commissions last, n. 186. Limitation of the 
 
 power, n. 184, p. 180, 3. 
 
 GRANTS of States. The judicial power shall extend to cases be 
 tween citizens of the same State claiming lands under 
 
 grants of different States ... 3 2 1 87,194 
 
 GRIER, ROHKRT C. Associate Justice of the Supreme Court, n. 
 
 197. 
 GRIKVANCES. Congress shall make no law abridging the right of 
 
 the people peaceably to assemble and to petition the gov 
 ernment for a redress of grievances. Amendments 1 43,254 
 
 Must be determined by the power of the government to 
 
 afford the redress, n. 248. 
 GROW, GALU&HA A. Speaker of the House, n. 26, p. 73. 
 
INDEX. 339 
 
 Art. sec. cl. pp. 
 GUARANTY. The United States shall guaranty- to every State in 
 
 this Union a republican form of government ............. 4 4 39,242 
 
 Guaranty defined, n. 283. (See Government.} Every 
 State extends also to inchoate States, n. 233. 
 GWINNETT, BUTTON, of Georgia. Signed the Dec. of Ind. p. 7. 
 
 HABEAS CORPUS. The privilege of the writ of habeas corpus shall 
 not be suspended, unless when, in cases of rebellion or 
 invasion, the public safety may reqnire it ................ 192 30,140 
 
 Privilege defined, n. 140. When the President may sus 
 pend it, or disobey the writ, notes 140, 162. Ilabens corpus 
 defined, n. 141. Congress alone may suspend the writ, 
 n. 141. Denied, n. 140. When it maybe issued by the 
 federal courts, n. 141, p. 141. When the State courts can 
 not release under it, n. 141. p. 142. Not when committed 
 
 by the federal government, n. 141, p. 143. The act of 1863, 
 suspending the writ, Id. His proclamation suspending the 
 writ, Id. The courts judicially noticed the end of the re 
 
 bellion, n. 141, p. 144. The writ in favor of the assassins 
 
 disobeyed, Id. The writ the remedy for false imprison 
 
 ment, "id. When f >r contempts, Id. The laws of Pennsyl 
 
 vania about, n. 141, p. 145. The demarcations between the 
 
 federal and State governments defined, n. 141, pp. 148, 149. 
 
 The distinction between process and imprisonment, Id. 
 
 The rights of the citizen to claim the benefit of the writ of 
 
 habeas corpus is an immunity, n. 221, p. 226. 
 HALT,. LYMAN, of Georgia. Signed Dec. of Ind. p. 8. 
 HAMILTON, ALEXANDER, of N. Y. Signed the Constitution, p. 42. 
 HAMLIN, HANNIBAL. Vice-President of United States, n. 37. 
 HANCOCK, JOHN, of Massachusetts. Signed Dec. of Ind. p. 7* 
 
 and Articles of Confederation, p. 21. 
 HANSON, JOHN, of Maryland. Signed Ai tides of Confederation, 
 
 p. 21. 
 HAPPEN. When vacancies happen in the representation from any 
 
 State, the executive authority thereof shall issue writs of 
 
 election to fill such vacancies ........................... 1 2 4 23. 714 
 
 The governors may act without waiting for the house or 
 
 waiting for a resignation of the vacancy really exist, n. 45. 
 HAPPEN. When vacancies happen, by resignation or otherwise, 
 
 during the recess of the legislature of any State, the exec 
 
 utive thereof may make temporary appointments, &c. ... 1 8 2 i.3,76 
 The vac mcy, how it happens, n. 82. The executive can 
 
 not appoint before the vacancy actually happens, n. 33. 
 HAPPEN. The President shall have power to fill up all vacancies 
 
 that may happen during the recesf. of the Senate, &c ...... 224 ; 6, 182 
 
 Vacancies, happen, &c., defined and discussed, n. 185. 
 
 The power limited by the tenure o. office bill, n. 184, p. 18Q, 
 
 3. 
 
 HARNETT, CORNS., of N. C. Signed Articles of Confederation, p. 21. 
 HAHRISON. THOMAS, of Virginia. Signed Dec. of Ind. p. 7. 
 HARRISON, WILLIAM H. President, n. 166, p. HW. 
 HART, JOHN, of New Jersey. Signed Dec. of Ind. p. 7 ; and Arti 
 
 cles of Con-federation, p. 21. 
 
 HARVTE. JOHN, of Virginia. Signed Articles of Confederation, p. 21 
 HEADS of Departments. The President may require the opinion, 
 
 in writing, of the principal officer in each of the executive 
 
 departments, upon any subject relating to the duties of 
 
 their respective offices .................................. 221 85,171 
 
 What are these cabinet departments, n. 176. The prac 
 
 tice as to the opinions, Id. 
 HEADS of Departments. The Congress may, by law, vest the ap 
 
 pointment of such inferior officers as they think proper, 
 
 in the President alone, in the courts of law, or in the 
 
 heads of departments ................................... 222 35,174 
 
 Who are such inferior officers, n. 183. 
 
 HKWF.S. JoSKi ii, of North Carolina. Signed Dec. of Ind. p. 8. 
 HKYWAKD, Jr., THOMAS, of South Carolina. Signed Dec. of Ind. 
 p. 8 ; and Articles of Confederation, p. 21. 
 
340 
 
 IKDEX. 
 
 Art. sec. cl. 
 
 HIGH crimes and misdemeanors. The President, Vice President, 
 and all civil officers of the United States, shall be removed 
 from office on impeachment for, and conviction of, treason, 
 
 bribery, or other Inch crimes and misdemeanors 2 
 
 Confined strictly to civil officers, n. 191. Senators are 
 not civil officers, Id. Treason and bribery defined, Id. 
 High crimes denned, n. 193. Misdemeanors defined and 
 distinguished, n. 194. The whole question and prece 
 dents considered, n. 194. 
 
 HOLTON, SAMUEL, of Mass. Signed Articles of Confederation, p. 21. 
 
 HONOR. Judgment in cases of impeachment shall not extend 
 further than to removal from office, and disqualification to 
 hold and enjoy any office of honor, trust, or profit, under 
 
 the United States 1 
 
 Judgment defined, n. 40. Whether it shall be less, 
 Id. Punishment touches neither person nor property, 
 n. 40. (See notes 39,191,192,193 194.) The President 
 cannot release the judgment by pardon. Art. II. See. 2, 
 Cl. 1, n. 177. 
 
 HOOPEK, WILLIAM, of North Carolina. Signed Dec. of Ind. p. 8. 
 
 HOPKINS, STEPHEN, of Rhode Island. Signed Dec. of Ind. p. 8. 
 
 HOPKINSON, FRANCIS, of New Jersey. Signed Dec. of Ind. p. 7. 
 
 HOSMER, TITUS, of Conn. Signed Articles of Confederation, p. 21. 
 
 HOUSE. No soldier shall, in time of peace, be quartered in any 
 house without the consent of the owner, nor in time of war, 
 but in a manner to be prescribed by law. Amendments . 2 
 
 His house is his castle, n. 25. The occupant is the owner 
 for this purpose, Id. Soldier and quarter defined, Id. 
 
 HOUSE of Representatives. Congress shall consist of a Senate 
 
 and House of Representatives 1 
 
 Only one house under the Articles of Confederation, Art. 
 V. p. 10. (See Congress.) Congress defined, n. 15. Wisdom 
 of the division, n. 15. 
 
 HOUSE of Representatives. Members of the House of Represen 
 tatives chosen every second year by the people 
 
 House defined, n. 16. The people defined, n. 16. Com 
 pared with electors, citizens, &c. notes 16, 17, 18, 21, 93, 
 220, 274. Interpolations by the Confederate Constitution, 
 n. 16, p. 59. (See Citizens, notes 220, 274.) How chosen 
 under the articles of Confederation, Art. V. p. 10. 
 
 HOUSE of Representatives, members of the. (See Representa 
 tives.) 
 
 HOUSE of Representatives. Qualifications of electors of members 
 of the House of Representatives, the same as for electors 
 
 of the most numerous branch of the State legislature 1 
 
 Qualifications defined, n. 16, pp. 59, 60. The qualifica 
 tions in each State, alphabetically arranged, n. 17, pp. 
 60-64. No uniformity of qualifications but in sex and ase, 
 n. 17, p. 65. Citizenship does not give, nor the want of 
 it take away, the right to vote, n. 18. 
 
 HOUSE of Representatives shall choose their Speaker and other 
 
 officers 1 
 
 Speaker defined, his eligibility to the Presidency, n. 26. 
 List of Speakers, n. 26, p. 73. 
 
 HOUSE of Representatives shall have sole power of impeachment.. 1 
 
 We must look to the common law for the definition of 
 impeachment, n. 27. Impeachment defined and discussed, 
 notes 27, 39, 191, 192, 193. 
 
 HOUSE. Each, shall be the judge of the elections, returns, and 
 qualifications of its own members, and a majority shall 
 constitute a quorum to do business; but a smaller number 
 may adjourn from day to day, and may be authorized to 
 compel the attendance of absent members in such manner 
 
 and under such penalties as that house may provide 1 
 
 Elections defined, n. 44. The returns prima facie 
 evidence, n. 45. Qualifications defined and discussed, and 
 the issues between the President and Congress stated, 
 n. 46, pp. 84, 85, 86. 
 
 pp. 
 
 86, 1S5 
 
 25, S2 
 
 1 2 1 
 
 44,256 
 
 22,58 
 
 22,58 
 
 2 23, 66 
 
 5 23, 72 
 
 5 21, VS 
 
 1 25,84 
 
INDEX. 341 
 
 Art sec. cl. pp. 
 HOUSE. Each, may determine the rules of its proceedings, pnnish 
 
 its members for disorderly behavior, and, with the con 
 currence of two-thirds, expel a member 152 25, S6 
 
 The rules, where found, n. 47. The right to punish for 
 
 contempts, n. 48. For what a member may be expelled ; 
 
 and who have been expelled, notes 49, 50. 
 HOUSE. Each, shall keep a journal of its proceedings, and from 
 
 time to time publish the same, excepting such parts as 
 
 may, in their judgment, require secrecy ; and the yeas and 
 
 nays of the members of either house, on any question, 
 
 shall, at the desire of one-fifth of those present, be entered 
 
 on the journal 1 5 8 26, 87 
 
 The object of this, n. 51. 
 HOUSE. Neither, during the session of Congress, shall without the 
 
 consent of the other, adjourn for more than three days, 
 
 nor to any other place than that in which the two houses 
 
 shall be sitting 154 26,88 
 
 This was to secure independence of the President, n. 52. 
 HOUSE of Representatives. All bills for raising revenue shall 
 
 originate in the House of representatives, but the Senate 
 
 may propose, or concur with, amendments, as on other 
 
 bills 171 27,90 
 
 Copied from the English law, n. 64. Revenue defined, 
 
 n. 65. 
 HOUSE of Representatives and Senate. Every bill which shall 
 
 have passed the House of Representatives and the Senate 
 
 shall, before it become a law, be presented to the President 
 
 of the United States ; if he approve, he shall sign it, but if 
 
 not. he shall return it, with his objections, to that house 
 
 in which it shall have originated, who shall enter the ob 
 jections at large on their journal, and proceed to reconsider 
 
 it. If, after such reconsideration, two-thirds of that house 
 
 shall agree to pass the bill, it shall be sent, together with 
 
 the objections, to the other house, by which it shall like 
 wise be reconsidered, and if approved by two-thirds of that 
 
 house, it shall become a law. But in all such cases the 
 
 votes of both houses shall be determined by yeas and nays ; 
 
 and the names of the persons voting for and against the 
 
 bill shall be entered on the journal of each house respect 
 ively. If any bill shall not be returned by the President 
 
 within ten days (Sundays excepted) after it shall have 
 
 been presented to him, the same shall be a law, in like 
 
 manner as if he had signed it, unless the Congress, by their 
 
 adjournment, prevent its return, in which case it shall not 
 
 be u law... ... 172 27,91 
 
 When bills take effect, n. 66. The returning, negative 
 
 or veto defined, n. 67. History of the veto, n. 67, pp. 92, 93. 
 HOUSE of Representatives and Senate. Every order, resolution, or 
 
 vote to which the concurrence of the Senate and House of 
 
 Representatives may be necessary (except on a question 
 
 of adjournment), shall be presented to the President of the 
 
 United States, and, before the same shall take eft ect, shall 
 
 be approved by him; or, being disapproved by him, shall 
 
 be repassed bytwo-thirds of the Senate and House of Rep 
 resentatives, according to the rules and limitations pre 
 scribed in the case of a bill 173 28,03 
 
 When a joint resolution is a law, n. 70. Resolutions 
 
 proposing amendments to the Constitution need not be 
 
 submitted to the President, notes 236, 275, 2S4. 
 HOUSE of Representatives. If no person have a majority (of the 
 
 electoral votes as President of the United States), then, 
 
 from the persons having the highest numbers, not exceed 
 ing three, on the list of those voted for as President, the 
 
 House of Representatives shall choose, immediately, by 
 
 ballot, the President. But, in choosing the President the 
 
 votes shall be taken by States, the representatives from 
 
 each State having one vote : a quorum for this purpose 
 
 shall consist of a member or members from two-thirds of 
 
342 
 
 INDEX. 
 
 Art. sec. cl. 
 
 the States, and a majority of all the States shall be neces 
 sary to a choice. And if the House of Representatives 
 shall not choose a President, whenever the right of choice 
 shall devolve upon them, before the 4th day of March next 
 following, then the Vice-President shall act as President, 
 as in the case of the death or other constitutional disability 
 of the President. Amendments ......................... 12 1 
 
 The old Constitution, n. 163. The contingency of four 
 candidates and a tie vote met, n. 168, p. 166. 
 
 HOUSES. The right of the people to be secure in their houses 
 against unreasonable searches and seizures, shall not be 
 violated. Amendments ................................ 4 
 
 The people defined, n. 251. Searches and seizures, when 
 unreasonable, n. 251. "Warrants defined, n. 252. iS*1 
 
 HOUSES of Congress. The Congress, whenever two-thirds of both 
 houses shall deem it necessary, shall propose amendments 
 to this Constitution . . ................................... 5 
 
 What is the Congress, n. 275. All the amendments have 
 been proposed to the legislatures, n. 2:36. The history of 
 the first twelve, n. 244. "Of the thirteenth, n. 274. Of "the 
 fourteenth, notes 275-285. 
 
 HOUSES of Congress. The President may, on extraordinary occa 
 
 sions, convene b th houses of Congress, or either of them. 2 3 
 The exercise of this power, n. 188. 
 
 HUNTINGTON, SAMUEL, of Connecticut Signed Dec. of Ind. p. 7. 
 Signed Articles of Confederation, p. 21. 
 
 HUTSON, RICHARD, of S. C. Signed Articles of Confederation, p. 21. 
 
 HYDROMETERS to be procured, n. 102, p. 117. 
 
 ILLINOIS. Qualifications for suffrage in, n. 17, p. 60. Fourteen 
 representatives in 1860, n. 24. Population during the dif 
 ferent decades, n. 24, pp. 69. 70. Assigned to the seventh 
 judicial circuit, n. 197. p. 192. Admitted into the Union, 
 n. 230. Ratified the 13th amendment, n. 274: and the 14th, 
 n. 275. 
 
 IMMIGRANTS from Europe, with six years residence, allowed to 
 vote in South Carolina, n. 17, p. 64. And in Wisconsin, Id. 
 
 IMMIGRATION. The proper term in, Art. I. Sec. 9, cl. 1, n. 139. 
 
 IMMUNITIES. The citizens of each State shall be entitled to all 
 
 privileges and immunities of citizens in the several States. 4 2 1 
 
 Citizens defined, and their classification. (See Citizens, 
 notes 220, 274.) Privileges and immunities defined, n. 221. 
 Immunities are rights of exemption onlv, n. 221. 
 
 IMPEACHMENT. The House of Representatives shall have the solo 
 
 power of impeachment .............................. ____ 125 
 
 We look to the common law for the definition of im 
 peachment, n. 27. Defined, notes 27, 191. Discussed as 
 to what are high crimes and misdemeanors, n. 194. How 
 tried, and trials where found, n. 39. Oath of senators on 
 trial, n. 39, p. 82. Questions to senators, Id. Judgment 
 in cases of, n. 40. History of, n. 194 
 
 IMPEACHMENT. The Senate of the United States shall have the 
 
 sole power to try all impeachments ..... ............... 136 
 
 For the doctrine and precedents, n. 39. 
 
 IMPEACHMENT. When sitting to try an impeachment, the Senate 
 
 shall be on oath or atlirmation .............. ............. 136 
 
 The oath of the senators, and the question propounded 
 to them, n. 39. 
 
 IMPEACHMENT. When the President is tried, the Chief-Justice 
 
 shall preside ........................................... 186 
 
 History and failure of the effort to impeach President 
 Johnson n. 194. Charges against, and law arguments, n. 194. 
 
 IMPEACHMENT. No person shall be convicted without the con 
 
 currence of two-thirds of the members present .......... 1 3 6 
 
 iMi iiACHMKNT. Judgment in cases of impeachment shall not 
 extend further than removal from office, and disqualifica 
 tion to hold and enjoy any office of honor, trust, or profit, 
 under the United States ................................. 137 
 
 pp. 
 
 46,165 
 
 44,257 
 
 44, 25S 
 
 86, 183 
 
 38, 222 
 24,72 
 
 25,81 
 25,81 
 
 25,81 
 25, SI 
 
 25,82 
 
INDEX. 343 
 
 Art. sec, cl. pp. 
 
 Judgment defined, n. 40. "Whether it can be less than 
 removal and disqualification, n. 40. It can be no more, Id. 
 
 IMPEACHMENT. But the party convicted shall, nevertheless, be 
 liable and subject to indictment, trial, judgment, and pun 
 ishment, according to law 1 3 7 25,82 
 
 IMPEACHMENT. The President shall have power to grant reprieves 
 and pardons for offenses against the United States, except 
 
 in cases of impeachment 221 3.5,170 
 
 The power to pardon is unlimited, with this exception, 
 n. 176, p. 173. 
 
 IMPEACHMENT. All civil officers of the United States shall ba 
 removed from office on impeachment for, and conviction 
 of, treason, bribery, or other high crimes and misde 
 meanors. 241 36,185 
 
 None but civil officers, n. 191. Impeachment denned, 
 notes 27, 191. For treason and bribery, n. 192. High 
 crimes defined, n. 193. Misdemeanors defined and distin- 
 guisned from felony, n. 194. No case yet tried rests upon 
 statutable misdemeanors, n. 194, p. 187. Charges against 
 President Johnson. Argument of the minority that they 
 are not crimes or misdemeanors, n. 194. p. 188. Chase s 
 trial, notes 27, 194. Klounfs trial, n. 194. The charges, 
 Id. Peck and Humphries, n. 1S>4, p. 188. "Good beha 
 vior" cannot apj.Iy to the President 
 
 IMPEACHMENT. The trial of all crimes, except in cases of impeach 
 ment, shall be by jnrv 323 37,209 
 
 Trial and crimes defined, n. 212. 
 
 IMPORTATION. No amendment made prior to 1808 shall affect the 
 
 1st and 4th clauses of the 9th section 5 40,246 
 
 IMPORTATION of persons. (Slaves.) The migration or importation of 
 such persons as any of the States now existing shall think 
 proper to admit, shall not be prohibited by Congress prior 
 to the year eighteen hundred and eight, but a tax or duty 
 may be imposed on such importation not exceeding ten 
 
 dollars for each person I 9 1 80,140 
 
 Migration or importation defined and discussed. Migra 
 tion is voluntary; importation involuntary, n. 139. Im 
 migration the proper word, Id. 
 
 IMPOSTS. Congress shall have power to lay imposts 181 28,94 
 
 Imposts defined, notes 76, 144. 
 
 IMPOSTS. All duties, imposts, and excises, shall be uniform 
 
 throughout the United States 181 23,194 
 
 Taxes must be by the rules of uniformity or apportion 
 ment, notes 22, 81, 144, 145. It here means that the same 
 duties shall be paid at all the ports. 
 
 IMPOSTS. No State shall, without the consent of Congress, lay any 
 
 imposts or duties on imports or exports, &c. (See Duties.) 1 10 2 32,161 
 Imposts defined, n. 162. 
 
 INABILITY. In case of the inability of the President to discharge 
 the powers and duties of that office, the same shall de 
 volve on the Vice-President; and in case of the inability 
 of both President and Vice-President, Congress shall by 
 
 law declare what officer shall then act as President 2 1 5 34,169 
 
 The law of, n. 172, 8. The President pro tern, to act 
 as President when ; Speaker of the House, n. 172. 
 
 INDEPENDENCE. Declaration of, pp. 1-S. 
 
 INDEPENDENCE. All who adhered to the cause of, became citizens 
 of the United States, n. 220, 1, 6. And those who ad 
 hered to the independence of Mexico how far, Id. 
 
 INDEPENDENT. That these United States are, &c., p. 6. Texas 
 was before annexation, Pref. p. viii. Its rights, as such, how 
 far surrendered, Id. 
 
 INDIANA. Qualifications for suffrage in, n. 17, p. 61. Eleven 
 representatives in I860, n. 24. Population during the dif 
 ferent decades, n. 24, pp. 69-71. Assigned to the seventh 
 judicial circuit, n. 197, p. 192. Admitted into the Union, 
 n. 230. Ratified the 13th amendment, n. 274: and the 
 14th, n. 275. 
 
344 
 
 INDEX. 
 
 INDIAN tribes. Congress shall have power to regulate commerce 
 
 among the several States, and with t ie Indian tribes. ... 1 
 
 The power is absolute, without reference to the locality 
 of the tribe, n. 91. As long as their tribal relations exist, 
 n. 91. It extends to prohibiting intercourse with the 
 Indians and punishing crime irf their country, n. 91. Their 
 ownership of land denned, n. 91. A white man adopted 
 by the Indians is not an Indian, n. 91. The tribes are not 
 subject to the internal revenue tax, n. 91, pp. 110, 111. Nor 
 to the State laws of taxation, n. 91, p. Ill, 1. Commerce 
 with the Indians is regulated by treaties and intercourse 
 laws, n. 92, 2. Not embraced in acts of Congress unless 
 named, n. 92, 8. Not foreign States, nor States of the 
 Union, n. 208. Slaves among them might be apprehended 
 by the President, n. 257. 
 
 INDIANS. Were citizens of Mexico, and thus became citizens of 
 the United States, n. 220. 6. Portions of them declared 
 citizens of the United States by treaty, n. 220, 11. 
 
 INDIANS not taxed, excluded from representative numbers 1 
 
 Sume provision in the 14th amendment, pp. 50, 279, 2. 
 
 INDICTMENT. No person shall be held to answer for a capital or 
 otherwise infamous crime, unless on a presentment or in 
 dictment of a grand jury, fcc. Amendments 5 
 
 Presentment and indictment defined, n. 253. Grand 
 jury defined ; regulated by act of Congress, Id. Accusa 
 tion means a copy of the presentment or indictment, n. 
 260. This amendment secures a presentment or indict 
 ment before there can be a jury trial, n. 218. 
 
 INDICTMKNT. Persons convicted on an impeachment, shall never 
 theless be subject to indictment, trial, judgment, and 
 
 punishment, according to law 1 
 
 (See Impeachment.) 
 
 INFERIOR courts. Congress shall have power to create tribunals 
 
 inferior to the Supreme Court 1 
 
 To constitute and tribunals defined, n. 109. This affords 
 no pretext for abrogating any established law of property, 
 n. 109. Or overruling State decisions as to, Id. 
 
 INFERIOR courts. The judicial power of. the United States shall be 
 vested in one Supreme Court, and in such inferior courts 
 as Congress may from time to time ordain and establish. 
 The judges, both of the Supreme and inferior courts, shall 
 
 hold their offices during good behavior 8 
 
 Congress may also define the jurisdiction of inferior 
 courts; Territorial courts are inferior, n. 196. The tenure 
 is for life or until impeachment, n. 197. 
 
 INFERIOR officers. (See Appointment, notes 179-184) 2 
 
 INGKRSOLL, JAUED, of Penn. Signed this Constitution, pp. 42, 252. 
 
 INHABITANT. A representative in Congress shall be an inhabitant 
 
 of the State in which he shall be chosen 1 
 
 Inhabitant defined, n. 20. Of the District of Columbia 
 does, a foreign minister does not, lose his character of, n. 20. 
 
 INHABITANT. A senator in Congress shall be an inhabitant of the 
 
 State in which he shall be chosen 1 
 
 INHABITANT. The electors shall meet in their respective States, 
 and vote by ballot for President and Vice-President, one 
 of whom, at least, shall not be an inhabitant of the same 
 Btate with themselves. Amendments 
 
 1 .HABITANTS. Treated as citizens under the Articles of Confeder 
 ation, Art. IV. p. 10. Of Louisiana, Florida. Texas, Cali 
 fornia, and Arizona became citizens, n. 220, 8, 4, 5. 
 Corporations are, for the purpose of suits, n. 206. The rela 
 tions of the, of the loyal States during the rebellion, notes 
 117. 215. 
 
 INSPECTION laws. No State shall, without the consent of Congress, 
 lay any imposts or duties on imports or exports, except 
 what may be absolutely necessary for executing its inspec 
 tion laws 
 
 Inspection defined, n. 164. Absolutely necessary de- 
 
 Art, sec. cl. 
 
 pp. 
 28, 105 
 
 12 
 
 2 3 
 
 28,67 
 44 
 
 25, 82 
 29, 124 
 
 86, 1S9 
 
 85,174 
 23, 66 
 
 2 , 77 
 46,164 
 
 1 10 2 82,161 
 
INDEX. 345 
 
 Art. sec. cl. pp 
 
 fined, n. 62. They are component parts of the power of a 
 State, n. 89, p. 108. 
 
 INSTRUMENT. The Constitution must be construed like any other, 
 n. 170. 
 
 INSTRUMENTS. The right to regulate commerce carries along the 
 right to regulate the instruments of intercourse and trade, 
 notes 85, 274. 
 
 INSTRUMENTS. Secretary of the Treasury to procure for weighing 
 and gauging, n. 102, p. 118. 
 
 INSURGENT States. ^During the rebellion did not become foreign, 
 and their inhabitants alien enemies, n. 213. (See Rebel 
 States.) 
 
 INSURRECTION. The United States shall, on. application of the 
 legislature, or of the executive (when the legislature can 
 not be convened), protect each State against domestic 
 
 violence or insurrection 4 4 89, 242 
 
 Acts of the Congress upon the subject, n. 235. The 
 President must decide upon the facts of the case, Id. p. 246. 
 
 INSURRECTIONS. Congress shall have power to provide for calling 
 forth the militia to execute the laws of the Union, suppress 
 
 insurrections, and repel invasions 1 8 15 29,183 
 
 Insurrections defined and discussed, n. 132. Invasions 
 denned, n. 133. 
 
 INTERIOU waters. The admiralty jurisdiction over defined, n. 
 203. 
 
 INTERCOURSE cannot be restricted by the States, n. 87, p. 106. 
 
 INVADED. No State shall, without the consentof Congress, engage 
 in war unless actually invaded, or in such imminent danger 
 
 as will not admit of delay 1 10 3 32,161 
 
 The States may repel invasions upon emergencies, n. 164. 
 
 INVASION. The privilege of the writ of habeas corpus shall not 
 be suspended, unless when, in cases of rebellion or inva 
 sion, the public safety may require it 192 30,140 
 
 (See Habeas Corpus, note 141.) The President sus 
 pended the writ, Id. n. 141, p. 143. 
 
 INVASION. The United States shall protect each State against 
 
 invasion 4 4 39,242 
 
 Invasion denned, notes 133, 234. Extends to domestic 
 as well as foreign hostility, n. 234. A political question, 
 n. 234. History of, during the rebellion, Id. 
 
 INVASIONS. Congress shall have power to provide for calling 
 forth the militia to execute the laws of the Union, sup 
 press insurrections, and repel invasions 1 8 15 29,133 
 
 This is coupled with the guaranty to protect against, 
 n. 133. It may be by State authority, n. 133. 
 
 INVENTORS may secure exclusive rights to their discoveries for a 
 
 limited time 1 8 8 29,121 
 
 Inventors defined, n. 108. 
 
 IOWA. Qualifications for suffrage in, n. 17, p. 61. Six representa 
 tives in 1800, n. 24. Population during the different 
 decades, n. 24, pp. 69, 70. Assigned to the eighth judicial 
 circuit, n. 197, p. 192. Admitted into the Union, n. 230. 
 Ratified the 13th amendment; n. 274, and the 14th, n. 275. 
 
 IREDELL, JAMKS. Associate Justice of the Supreme Court, n. 197 
 
 IZARo, RALPH. President of the Senate, n. S3, p. 78. 
 
 JAY, JOHN. Chief- Justice, n. 197, p. 192. 
 
 JACKSON, ANDRKW. Views upon nullification, Pref. p. v. n. 144. 
 President of the United States, n. 166. Vetoes, n. 67. 
 
 JACKSON, WILLIAM. Attested the Constitution, pp. 42, 252 
 
 JEFFERSON, THOMAS, of Virginia. Signed Dec. of Jnd. p. 7; Presl- - , ... } 
 dent, n. 166. 
 
 JENIFER, DAN : OF ST. THOMAS, of Maryland. Signed the Constitu 
 tion, pp. 42, 252 
 
 JEOPARDY. Nor shall any person be subject, for the same offense, 
 
 to be twice put in jeopardy of lile or limb. Amendments. 5 44, 25b 
 
 Jeopardy defined and discussed, n. 255. 
 
 JOHNSON, ANDREW. Vice-President, n. 37, p, 77. President, 
 
 15* 
 
346 
 
 ITOEX. 
 
 Art. sec. cl. pp. 
 
 n. 166. His differences with Congress, n. 46, p. 85. His 
 notable vetoes, n. 67, pp. 92, 93. The grounds and failure 
 of his impeachment, n. 194. His views as to the supre 
 macy of law, n. 239. His views as to resolutions propos 
 ing constitutional amendments, n. 236. His views upon 
 the 14th constitutional amendment, n. 275. His condi 
 tions imposed upon the rebel States, n. 276. His recom 
 mendation to Congress to retrace its steps, n. 231. 
 Disbanded the militia of the District of Columbia, 
 n. 249. 
 
 JOHNSON, RICHARD M. Vice-President, n. 37, p. 77. 
 
 JOHNSON, THOMAS. Associate Justice, n. 197, p. 193. 
 
 JOHNSON, WILLIAM. Associate Justice, n. 197, p. 193. 
 
 JOHNSON, WILLIAM SAMUEL, of Connecticut. Signed the Consti 
 tution, pp. 42, 252. 
 
 JOURNAL. Each house of Congress shall keep a journal of its 
 proceedings, and from time to time publish the same, 
 excepting sueh parts as may, in their judgment, require 
 secrecy; and the yeas and nays of the members of either 
 house, on any question, shall, at the desire of one-fifth of 
 those present, be entered on the journal 1 5 S 26,187 
 
 JOURNAL. When the President shall return a bill, with his objec 
 tions, to the house in which it originated, those objections 
 shall be entered at large on their journal, and the votes, 
 by yeas and nays, on the reconsideration of such bill, shall 
 be entered on the journal of each house respectively. 
 (SeeJfiW.) 172 27,91 
 
 JUDGES of the Supreme Court. The President shall nominate, 
 and. by and with the advice and consent of the Senate, 
 appoint the Judges of the Supreme Court of the United 
 States 222 35,174 
 
 JUDGES of the Supreme and inferior courts shall hold their offices 
 during good behavior, and shall, at stated times, receive 
 for their services a compensation which shall not be 
 
 diminished during their continuance in office 3 1 86,189 
 
 During good behavior defined, n. 197. Those who hold 
 their offices for a term of years are not constitutional 
 judges, n. 197. The court in 1S6S. n. 197. Since the 
 foundation of the government, n. 197, p. 193. The com 
 pensation, n. 198. 
 
 JUDGES. The judges in every State shall be bound by the Consti 
 tution, laws, and treaties any thing in the Constitution or 
 
 laws of any State to the. contrary notwithstanding 6 2 40, 247 
 
 The courts will declare State Constitutions and laws 
 which violate the paramount law, void, n. 241. 
 
 JUDGMENT, in cases of impeachment, shall not extend further than 
 to removal from office, and disqualification to hold and 
 enjoy any office of honor, trust, or profit under the United 
 States; but the party convicted shall, nevertheless, be 
 liable and subject to indictment, trial, judgment, and pun 
 ishment, according to law 1 3 7 25.82 
 
 Judgment defined, n. 40. Can neither go beyond nor 
 fall short, Id. Touches neither person nor property, Id. 
 
 JUDGMENTS. (See A cts Authentication Credit Faith Judi 
 cial Proceeding*.} Where the jurisdiction has attached, 
 the judgment is conclusive, n. 218, p. 214. If there has 
 been service or defense, nothing is open (not even fraud 
 between the parties and privies) save the question of 
 jurisdiction, Id. But they are subject to limitation, 
 n. 21S, p. 215. They an- conclusive evidence, Id. They are 
 not foreign, but domestic, n. 218, pp. 215, 219. They can 
 be controverted for want of service. Id. p. 217. The 
 courts will notice the local laws under which they wero 
 rendered, n. 219. The rule only applies to judgments of 
 courts of record, Id. Not to judgments of the courts of 
 the United States, n. 219. p. 219. How they must be cer 
 tified, Id. Ml debet is not a good plea, n. 219, p. 220. 
 
INDEX. 347 
 
 Art. sec. cl. pp. 
 
 The judgment determines all which might have been liti 
 gated in the cause, Id. 
 
 JUDICIAL power. The judicial power of the United States shall 
 be vested in one Supreme Court, and in such inferior 
 courts as the Congress may from time to time ordain and 
 establish. The judges, both of the Supreme and interior 
 courts, shall hold their offices during good behavior, and 
 shall, at stated times, receive for their services a compen 
 sation which shall not be diminished during their con 
 tinuance in office 3 1 86,189 
 
 Judicial power defined, n. 195. Its objects, Id. 
 
 (See Courts Inferior Courts Judge*? Compensation.) 
 
 JUDICIAL power. The judicial power shall extend to all cases in 
 law and equity arising under this Constitution, the laws of 
 the United States, and the treaties made, or which snail be 
 made, under their authority ; to all cases affecting ambas 
 sadors, other public ministers, and consuls ; to all cases of 
 admiralty and maritime jurisdiction; to controversies to 
 which the United States shall be a party; to contro 
 versies between two or ?nore States; between a State and 
 the citizens of another State; between citizens of different 
 States; between citizens of the same State, claiming lands 
 under grants of different States; and between a State, or 
 the citizens thereof, and foreign States, citizens, or subjects. 3 2 1 87,194 
 
 Judicial, as contradistinguished from legislative and 
 executive power, n. 199. Does not extend to alF questions, 
 Id. As to various political treaties, Id. Case defined and 
 treated, notes 199, 2uO, 201. (See Ambassadors, n. 202. 
 Admiralty, n. 203.) Controversies to which the United 
 States shall be a party explained, n. 204. The power over 
 suits between States, n. 205. Between a State and citizens 
 of another State, n. 205. Between citizens of different 
 States. (See Citizens, n. 20(i.) Between citizens of the 
 same State claiming land, &c. explained, n. 207. Between 
 States or the citizens and foreign States, &c., 208, 209. 
 (See Aliens, n. 209.) 
 
 JUDICIAL power. In all cases affecting ambassadors, other 
 public ministers, and consuls, and those in which a State 
 shall be a party, the Supreme Court shall have ori 
 ginal jurisdiction. In all the other cases before men 
 tioned, the Supreme Court shall have appellate jurisdic 
 tion, both as to law and fact, with such exceptions, and 
 
 under such regulations, as the Congress shall make 8 2 2 87,20* 
 
 Original jurisdiction defined and discussed, n. 210. 
 Jurisdiction defined, n. 210. When the suit and when 
 the parties give jurisdiction in, Id. Appellate juris 
 diction defined, n. 211. What question must have 
 been made to give appellate jurisdiction, n. 211, p. 207. 
 Congress cannot confer the power to grant a new 
 trial, Id. Where a State is a party defined. 
 
 JUDICIAL power. The trial of all crimes, except in cases of im 
 peachment, shall be by jury, and such trial shall be held in 
 the State where the said crimes shall have been committed ; 
 but when not committed within any State, the trial shall be 
 at such place or places as the Congress may by law have 
 
 directed 823 87,209 
 
 (See Trial, n. 212.) (Impeachment, notes 39, 191-194.) 
 Jury, n. 212. The jury not the judges of the law, Id. Why 
 in the State, n. 213. Where offenses committed out of the 
 State are tried, n. 214 
 
 JUDICIAL proceedings. Full faith, credit, proof, and effect to be 
 given in each State to the acis, records, and judicial pro 
 ceedings of every other State 4 1 88,218 
 
 (See Judgment*, notes 218,219.) Judicial proceedings 
 defined, n. 218. How proved, n. 219, p. 218, 1. Of every 
 State defined, n. 218, p. 219. How authenticated, Id. 
 When so proved have full faith, Id. 220. 
 
 JUDICIAL officers, both of the United States and the several States, 
 
348 
 
 INDEX. 
 
 shall be bound by oath or affirmation to support this Con 
 stitution 6 
 
 The reason why, n. 242. The oath ; the test oath, Id. 
 
 JUDICIAL power. The judicial power of the United States shall 
 not be construed to extend to any suit, in law or equity, 
 commenced or prosecuted against one of the United States, 
 by citizens of another State, or by citizens or subjects of 
 
 any foreign State. Amendments 11 
 
 This is an amendment of the third section, notes 205rt, 
 270. It waa to prevent individual suits against States, 
 n. 170. It included suits then pending, Id. Doesnotextend 
 to admiralty, n. 272. The State is not a party unless it so 
 appear on the record, n. 272. 
 
 JURISDICTION. The judicial power shall extend to all cases of 
 
 admiralty and maritime jurisdiction 8 
 
 (See Admiralty, n. 203. See Judicial Power.) 
 
 JURISDICTION. Original and appellate ; in the Supreme 
 
 Court 8 
 
 Original jurisdiction, defined and discussed, n. 210. 
 State courts have none over a consul, n. 210, p. 205. 
 Appellate, when exercised, and the rules in. n. 211. 
 
 JURISDICTION. A person charged in any State with treason, felony, 
 or other crime, and fleeing from justice, to be delivered 
 up and removed to the State having jurisdiction of the 
 crime 4 2 2 
 
 JURISDICTION. No new State shall be erected within the jurisdic 
 tion of any other State ., 4 3 1 
 
 How West Virginia was erected, n. 285. 
 
 JURY. The trial of all crimes, except in cases of impeachment, 
 
 shall be by jury 8 2 8 
 
 Jury defined; what must concur to make; not judges 
 of the law in criminal cases; must be a presentment or 
 indictment before there can be a trial, n. 212. 
 
 JURY. No person shall be held to answer for a capital or other 
 wise infamous crime, unless on a presentment or indict 
 ment of a grand jury. Ac. Amendments 5 
 
 (See Indictment Presentment. See notes 253-257. and 
 207.) 
 
 JURY. In all criminal prosecutions, the accused shall enjoy the 
 right to a speedy and public trial, by an impartial jury of 
 the State and district wherein the crime shall have been 
 committed, which district shall have been previously 
 ascertained by law. Amendments 6 
 
 JURY. In suits at common law, where the value in controversy 
 shall exceed twenty dollars, the right of trial by a jury 
 shall be preserved ; and no fact tried by a jury "shall be 
 otherwise re-examined in any court of the United States 
 than according to the rules of the common law. Amend 
 ments 7 
 
 This includes all suits except those in equity or 
 admiralty, n. 263. Parties may waive jury trial, a. 268. 
 
 JUSTICE. Constitution ordained in order to establish. Preamble. 
 Justice, defined, and how to be attained, n. 8. 
 
 JUSTICE. The Chief-Justice shall preside when the President is 
 
 tried on an impeachment. 1 8 6 
 
 JUSTICE. Fugitives from justice to be delivered up and removed 
 
 to the State having jurisdiction of the crime 422 
 
 (See Fugitive, note 223.) Copied from the Articles 
 of Confederation, Art. IV. p. 10. (See Delivered Up, 
 n. 224.) 
 
 KANSAS. Qualifications for suffrage in. n. 17. p. 61. One repre 
 sentative, n.24. Population, n. 24, pp. 6i>, 70. Assigned to 
 the eighth judicial circuit, n. 197, p. 192. Admitted into 
 the Union, n. 230. Katified the 18th amendment, n. 274; 
 and the 14th. n. 275. 
 
 KENTUCKY. Qualifications for suffrage in, n. 17, p. 61. Nine rep 
 resentatives, n. 24. Population during the different 
 
 pp. 
 41,250 
 
 46, 209 
 
 87, 194 
 37, 204 
 
 33, 229 
 89,284 
 
 87, 209 
 
 44, 25S 
 
 44,263 
 
 45, 266 
 22,53 
 
 25,81 
 
 33,229 
 
ITJDEX. 349 
 
 Art. sec. cl. pp. 
 
 decades, n. 24, p. 69, 70. Assigned to the sixth judicial 
 
 circuit, n. 197, p. 192. Admitted into the Union, n. 280. 
 
 Rejected the 13th amendment, n. 274; and the 14th, 
 
 n. 275. 
 KING, p-ince, or foreign State. No title of nobility shall be 
 
 grunted by the United States, and no person holding any 
 
 ( ffice of profit or trust under them, shall, without the 
 
 consent of the Congress, accept of any present, emolu 
 ments, office, or title, of any kind whatever, from any 
 
 king, prince, or foreign State 198 81,152 
 
 Office defined, n. 151. The inhibition does not extend 
 
 to private citizens, n. 151. 
 
 KING, KUFUS, of Massachusetts. Signed the Constitution, pp. 41.252. 
 KING, WILLIAM K. V ice-President, n. 37. Presiding officer of 
 
 the Senate, n. 38, p. 80. 
 
 LABOR. No person held to service or labor in one State, shall be 
 
 discharged from such service or labor in another State 4 2 3 89, 232 
 
 This means slaves or apprentices, n. 226. (See Fugitive, 
 
 n. 206.) 
 LAND. A civil law conveyance of, how proved, n. 219, p. 221. A 
 
 Territory is the compass or tract of, &c. (See Territory, 
 
 n. 231.) Land and territory are equivalents. Id. A grant 
 
 of, is a title emanating from the sovereignty of the soil, 
 
 n. 207. 
 LAND and naval forces. Congress shall have power to make rules 
 
 for the government and regulation of the land and naval 
 
 forces 1 8 14 29,133 
 
 To make defined; the rules where found, n. 129. 
 LAND ceded to or purchased by the United States Congress shall 
 
 have power to exercise exclusive legislation, in all cases 
 
 whatsoever, over all places purchased by the consent of 
 
 the legislature of the State in which the same shall be, for 
 
 the erection of forts, magazines, arsenals, dock-yards, and 
 
 other needful buildings 1 8 17 30,136 
 
 (See Arsenals District.) 
 LAND forces. (See Army Militia.) 
 LANDS. The judicial power shall extend to controversies between 
 
 citizens of the same State, claiming lands under grants of 
 
 different SUtes... 3 2 1 87,194 
 
 If the grants are from different States, the federal court 
 
 has jurisdiction, n. 207. 
 LANGDON, JOHN, of New Hampshire. Signed the Constitution, 
 
 pp. 41, 250. Presiding officer of the Senate, n. 38, p. 78. 
 LANGWOKTHY, EDWAKD, of Georgia. Signed Articles of Confeder 
 ation, p. 21. 
 
 LAURKNS, HKNKY, of S. C. Signed Articles of Confederation, p. 21. 
 LAW. The actual enumeration of the people, or census, shall be 
 
 made within three years after the first meeting of the 
 
 Congress of the United States, and within every subse 
 quent term of ten years, in such manner as they "shall by 
 
 law direct.. 128 23,67 
 
 LAW. A person convicted on an impeachment shall, nevertheless, 
 
 be liable to indictment, trial, judgment, and punishment, 
 
 accordi ng to law 1 3 7 25, 82 
 
 LAW. The times, places, and manner, of holding elections for 
 
 senators and representatives shall be prescribed in each 
 
 State by the legislature thereof; but the Congress may, at 
 
 any time, by law, make or alter such regulations, except 
 
 as to the places of choosing senators 1 4 1 25, S3 
 
 If the legislature fail, the governor may name a reason 
 able time, notes 80, 41. The power, how far exercised by 
 
 Congress, n. 41. Does not give the power to fix the quali 
 fications, n. 41. Denied since the 13th amendment, n. 274. 
 LAW. The Congress shall assemble at least once in every year. 
 
 and such meeting shall be on the first Monday in Decem 
 ber, unless they shall by law appoint a different day 1 4 2 25, 83 
 
350 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 
 LAW. The senators and representatives shall receive n compen 
 sation for their services, to be ascertained by law, and 
 paid out of the treasury of the United States 1 6 1 26, 88 
 
 LAW. Every bill which shall have passed the House of Repre 
 sentatives and the Senate, shall, before it become a law. be 
 presented to the President of the United States; if he 
 approve, he shall aign it, but if not, he shall return it with 
 his objections to that house in which it shall have origi 
 nated, who shall enter the objections at lavge on their 
 journal, and proceed to reconsider it. If, after such recon 
 sideration, two-thirds of that bouse shall agree to pass the 
 bill, it shall be sent, together with the objections, to the 
 other house, by which it shall likewise be reconsidered, 
 and if approved by two-thirds of that house, it shall be 
 come a law 1 7 2 2791 
 
 When laws take effect, n. 96. Cannot go behind the 
 written law, n. 96. 
 
 LAW. If any bill shall not be returned by the President within 
 ten days (Sundays excepted) after it shall have been pre 
 sented to him, the same shall be a law, in like manner as 
 if he had signed it, unless the Congress, by their adjourn 
 ment, prevent its return; in which" case it shall not be a 
 law 1 7 2 27, 91 
 
 LAW. Every order, resolution, or vote, to which the concurrence of 
 the Senate and House of Kepresentatives may be neces 
 sary (except on a question of adjournment), shall be pre 
 sented to the President of the United States; and before 
 the same shall take effect shall be approved by him, or 
 being disapproved by him, shall be repassed by two-thirds 
 of the Senate and House of Kepresentatives, according to 
 
 the rules and limitations prescribed in the case of a bill .. 1 7 3 28,93 
 When a joint resolution becomes law, n. 70. 
 
 LAW of nations. Congress shall have power to define and punish 
 piracies and felonies committed on the high seas, and 
 
 offenses against the law of nations 1 8 JO 29,124 
 
 Many offenses against, not crimes, n. 115. Offenses 
 against must be punished, how, Id. Defined and dis 
 cussed, n. 116. 
 
 LAW. No bill of attainder or ex pout facto law shall be 
 
 passed 1 9 8 81,146 
 
 (See Attainder, n. 142.) Ex post facto law defined and 
 discussed, notes 143, 156. 
 No money shall be drawn from the treasury, but in conse- 
 
 LAW. 
 LAW. 
 
 quen^e of appropriations made by law 
 
 N 
 
 tate shall pass any em post facto law. 
 Ex post facto law defined, n. 156. 
 
 LAW. No State shall pass any law impairing the obligation of 
 
 contracts 1 
 
 (See Contracts, n. 157.) What laws enter into the con 
 tract, n. 157, pp. 155, 156. The law must not so change the 
 remedy as to impair the contract, n. 157. A law repealing 
 a bank charter does not impair. A bridge charter is a con 
 tract, n. 157. Because a law is retrospective merely, does 
 not impair, n. 158. Exemption iaM-s do impair, n 159. 
 Stay laws may, n. 160. Laws which affect the remedy 
 merely do not, n. 161. 
 
 LAW. In case of the removal, death, resignation or inability, 
 of both President and Vice-President, Congress sha ll 
 by law declare what officer shall then act as Presi 
 dent ., 2 
 
 The law of Congress for supplying vacancies, n. 172. 
 
 LAW. The President shall have power, by and with the advice 
 and consent of the Senate, to appoint officers not provided 
 for in the Constitution, ;md whose offices shall be estab 
 lished by law ; but the Congress may, by law, vest the 
 appointment of such inferior officers as they think proper 
 in the President alone, in the courts of law, or in the 
 heads of departments 2 
 
 10 
 
 31, 151 
 81, 152 
 
 SI, 153 
 
 84, 169 
 
 85, 174 
 
IXDEX. 
 
 351 
 
 This whole power defined and discussed, notes 178-184. 
 The tenure of office bill regulating, n. 184, p. 179. 
 LAW *nd equity. The judicial power shall extend to all cases in 
 law and equity arising under this Constitution, the laws 
 of the United States, and the treaties made, or which 
 shall be made, under their authority, fcc. (See Judicial 
 Power.) ............................................. { 3 
 
 Art. sec. cl. 
 
 (See Judicial Power ) When cases arise, n. 199, 
 195. Cases in equity, n. 200. (See Case.) 
 
 LAW rd fact. The Supreme Court shall have appellate jurisdic 
 tion, both as to law and fact, with such exceptions, and 
 under such regulations, as the Congress shall make ....... 
 
 (See Appellate JurisdictionJudicial Power.) 
 The jurisdiction must be conferred by law, n. 211. The 
 judiciary laws on the subject. Id. 
 
 LAW. When crimes shall not have been committed within any 
 State, the trial shall be at such place or places as the Con 
 gress may by law have directed ........................ 3 
 
 The rule on the subject, n. 214. 
 
 LAW. No person held to service or labor in one State, under the 
 laws thereof, escaping into another, shall, in consequence 
 of any law or regulation therein, be discharged from such 
 service or labor, but shall be delivered up on claim of the 
 party to whom such service or labor may be due ........ 4 
 
 (See Fugitive* Labor Slaves.) This secured the 
 right of the slaveholder against State legislation, n. 227. 
 
 LAV Tin.-* Constitution, and the laws of the United States which 
 shall be made in pursuance thereof, and all treaties made, 
 or which ahull be made, under the authority of the United 
 hstates, shall be the supreme law of the land; and tho 
 judges in every State shall be bound thereby, any thing in 
 the Constitution or laws of any State to the contrary not 
 withstanding .............................. ............ 6 
 
 Law defined, n. 239. It is in its nature supreme, n 23i 
 The laws of Congress are exclusive, n. 239. President 
 Johnson s notion as to unconstitutional, n. 289. Supreme 
 law defined, n. 240. 
 
 Lvw. Congress shall make no law respecting an establishment of 
 religion, or prohibiting the free exercise thereof; or abridg 
 ing the freedom of speech or of the press ; or the right of 
 the people peaceably to assemble, and to petition the gov 
 ernment tor a redress of grievances. Amendments ....... 1 
 
 This article denned and discussed. (See Establishment^ 
 n. 245.) 
 
 No soldier shall, in time of peace, be quartered in any 
 house without the consent of the owner, nor in time of 
 war, but in a manner to be prescribed by law. Amend 
 ments .................................................. 8 
 
 (See ffouse, n. 250.) 
 
 L vw. Nor shall any person be deprived of life, liberty, or property, 
 
 without due process of law. Amendments ............... 5 
 
 Due process of law defined, derived, and discussed, n. 
 257. (See Due Process of Law.) 
 
 LAW. In all criminal prosecutions the accused shall enjoy tho 
 right to a speedy and public trial, by an impartial jury of 
 the State and district wherein the crime shall have been 
 committed; which district shall have been previously 
 ascertained by law. Amendments ...................... 6 
 
 LAW. In suits at common law, where the value in controversy 
 shall exceed twenty dollars, the risrht of trial by jury shall 
 be preserved; and no fact tried by a jury shall be other 
 wise re-examined in any court of the United States than 
 according t< the rules of the common law. Amendments. 7 
 
 Common law is here used in contradistinction to equity, 
 n. 203. Not of any particular State, n. 2<i3. (See Common 
 Law Jury.) 
 
 LAW or equity. The judicial power of the United States shall not 
 be construed to extend to any suit, in law or equity, coin- 
 
 LAW. 
 
 3 2 
 
 37, 194 
 
 37, 204 
 37, 209 
 
 2 37, 204 
 
 3 87,203 
 3 39,232 
 
 2 40,247 
 
 43,254 
 
 4 1, 256 
 44,258 
 
 44,263 
 45,266 
 
352 
 
 INDEX. 
 
 Art. sec. cl. 
 
 11 
 
 menced or prosecuted against one of the United States by 
 citizens of another State, or by citizens or subjects of any 
 
 foreign State. Amendments 
 
 (See this article explained and discussed, notes 263, 264, 
 265.) 
 
 LAWRENCE, JOHN. Presiding officer of the Senate, n. 38, p. 78 
 
 L vwa Congress shall have power to establish an uniform rule of 
 naturalization, and uniform laws on the subject of bank 
 ruptcies, throughout the United States 
 
 The laws of naturalization discussed, n. 93. (See Alle 
 giance Citizen Bankruptcy. ) Bankrupt defined, n. 
 94. Bankruptcy defined, n. 95. When the States hav 
 authority to pass bankrupt laws, n. 96. 
 
 LAWS of the Union. Congress shall have power to provide for 
 calling forth the militia to execute the laws of the Union, 
 
 suppress insurrections, and repel invasion*! 
 
 Laws of the Union defined, n. 131. 
 
 LAWS. Congress shall have power to make all laws which shall 
 be necessary and proper for carrying into execution the 
 foregoing powers, and all other powers vested by this 
 Constitution in the government of the United States, or in 
 
 any department or office thereof 
 
 this clause defined and discussed, notes 138, 214. Con 
 gress has all uie incidental and instrumental powers neces 
 sary, n. 138, p. 139. 
 
 LAWS. No State shall, without the consent of the Congress, lay 
 any imposts or duties on imports or exports, except what 
 may be absolutely necessary for executing its inspection 
 
 laws 1 10 
 
 (See Inspection) 
 LAWS. All such State laws shall be subject to the revision and 
 
 control of the Congress 1 1 ) 
 
 LAWS. The President shall take care that the laws be faithfully 
 
 executed 2 3 
 
 LAWS of the United States. The judicial poxver shall extend to all 
 
 cases in law and equity 3 2 
 
 LAY and collect duties. Congress shall have power to lay and col- 
 duties, taxes, imposts, and excises 1 8 
 
 (See Duties Taxes Impost* Excises .) 
 
 LEE, FRANCIS LIGHTFOOT, of Virginia. Signed Declaration of Inde 
 pendence, p. 8; and Articles of Confederation, p. 21. 
 LEE, RICHARD HENRY, of Virginia. Signed Declaration of Inde 
 pendence, p. 7. Signed Articles of Confederation, p. 21. 
 LEGISLATION, exclusive. Congress shall have power to exercise 
 exclusive legislation in all cases whatsoever, over such 
 district (not exceeding ten miles square) as may, by cession 
 of particular States and the acceptance of Congress, be 
 come the seat of government of the United States, and to 
 exercise like authority over all places purchased by the 
 consent of the legislature of the State in which the sruna 
 shall be, for the erection of forts, magazines, arsenals, 
 
 dock-yards and other needful buildings 1 
 
 Character of this legislation and jurisdiction, notes 136, 
 137. 
 
 LEGISLATURE Electors of representatives in Congress shall have 
 qualifications same as for electors of most numerous 
 
 branch of the State legislature 1 
 
 The qualifications for, in each State, alphabetically ar 
 ranged, n. 16, pp. 5i)-64. 
 LEGISLATURE the, ot each State shall choose two senators for six 
 
 years 1 
 
 The practice and now the law, notes 28. 29, 30. 
 LEGISLATURE. If vacancies happen by resignation or otherwise in 
 the seats of senators, during the recess of the legislature 
 of any State, tho excutive thereof may make temporary 
 appointments to fill such vacancies, until the next rneet- 
 of the legislature, which shall then fill such vacancies. ... 1 
 Seats how vacated, n. 32. 
 
 pp. 
 46, 269 
 
 184 28,112 
 
 1 8 15 29,133 
 1 8 18 80,133 
 
 32,161 
 
 32,161 
 
 36,183 
 
 31,194 
 
 28,94 
 
 8 17 80, 130 
 
 22,56 
 
 24,74 
 
 24, 76 
 
INDEX. 
 
 353 
 
 Art. sec. 
 
 LEGISLATURE. The times, places, and manner of holding elections 
 for senators and representatives shall bo prescribed in 
 each State by the legislature thereof; but the Congress 
 may, at any time, by law, make or alter such regulations, 
 
 except as to the places of choosing senators 1 4 
 
 The law upon the subject, n. 30. 
 
 LEGISLATURE. The United States shall, on the application of the 
 legislature, or of the executive (when the legislature 
 cannot be convened, protect each State against domestic 
 
 violence 4 4 
 
 Disqualification for having taken an oath as member 
 
 of. (See Offices.) Amendments 14 2 
 
 How far the disqualification extended under the recon 
 struction laws, n. 281. 
 
 LEGISLATURE. Must direct the mode of ascertaining compensa 
 tion for private property, n. 259. 
 
 LEGISLATURES of States. Congress shall exercise exclusive legis 
 lation over all places purchased by the consent of the 
 legislature of the State in which the same shall be, for 
 the erection of forts, magazines, arsenals, dock-yards, and 
 
 other needful buildings 1 
 
 This is not as a local legislature, but as the legislature 
 of the Union, n. 137. The exclusive jurisdiction can only 
 be acquired by the consent of the State, n. 137. And 
 when given they cannot tax these lands, n. 187. 
 
 LEGISLATURES of States may direct the manner of appointing 
 electors of President and Vioe-President of the United 
 
 States 2 
 
 They are now elected by the people, n. 167. 
 
 LEGISLATURES of States. No new State shall be formed within, 
 another State, nor any State be formed by the junction of 
 two or more States, without the consent of the legis 
 latures of the States concerned and of Congress 4 
 
 How States may, and how Virginia did consent, n. 235. 
 
 LEGISLATURES. The Congress, whenever two-thirds of both 
 houses shall deem it necessary, shall propose amend- 
 7nents to this Constitution, or, on the application of the 
 legislatures of two-thirds of the several States, shall call 
 a convention for proposing amendments, which, in either 
 case, shall be valid to all intents and purposes, as part of 
 this Constitution, when ratified by the legislatures of 
 three-fourths of the several States, or by conventions in 
 three -fourths thereof, as one or the other mode of ratifi 
 cation may be proposed by Congress 5 
 
 The only amendments made have been through the 
 legislatures, n. 230. When they ratified the thirteenth 
 and fourteenth amendments. Id. 
 
 LEGISLATURES. The members of the several State legislatures 
 shall be bound by oath or affirmation to support this Con 
 stitution 6 
 
 LEGISLATURES. When the legislatures of the rebel States shall 
 have adopted the fourteenth constitutional amendment, 
 n. 276, p. 283, 5 
 
 LETTERS of marque and reprisal. Congress shall have power to 
 
 grant letters of marque and reprisal 1 
 
 This power defined, 11. 119. Marque defined, n. 120. 
 Reprisal defined, n. 121. This power under the Confedera 
 tion, Art. IX., p. 14. 
 
 LEWIS, FRANCIS, of New York. Signed Dec. of Ind. p. 7. Signed 
 Articles of Confederation, p721. 
 
 LIBERTY. The Constitution established to secure the blessings of 
 
 liberty, &c. Preamble 
 
 Liberty defined, n. 12. Habeas corpus is the writ for the 
 infraction of. n. 141, p. 144. The 13th amendment further 
 secured, n. 274. Of conscience, n. 245. Of speech, n. 246. 
 Of the press, n. 247. Of petition, n. 248. Secured by due 
 course of law, n. 257. Of the citizen not to bu destroyed 
 
 cl. 
 
 pp. 
 
 25, 83 
 
 89, 242 
 
 48, 279 
 
 8 17 80, 136 
 
 82, 162 
 
 40, 246 
 
 8 40, 250 
 
 8 11 
 
 20, 127 
 
 22,53 
 
354 
 
 INDEX. 
 
 
 sec. cl. pp. 
 44,258 
 
 44,258 
 44,258 
 46, 164 
 
 but by the judgment of his peers, n. 258. Civil liberty 
 
 and martial law cannot endure together, n. 260. 
 LIBERTY. Nor shall any person be deprived of life, liberty, or 
 
 property, without due process of law. Amendments. 
 
 I >eri ved from Mayna Charta,, n. 257. Due process of law 
 
 defined, Id. 
 
 LICENSE by a municipal corporation is not a regulation of com 
 merce, n. S7, p 106. 
 LIFE. No attainder of treason shall work corruption of blood or 
 
 forfeiture, except during the life of the person attainted.. 332 38.213 
 
 (See Attainder.) 
 LIFE or limb. Nor shall any person be subject, for the same 
 
 otfense. to be twice put in jeopardy of life or limb. 
 
 Amendments 5 
 
 LIFE, liberty, or property. Nor shall any person be deprived of 
 
 life, liberty, or property, without due process of law. 
 
 Amendments 5 
 
 (See Jeopardy.) 
 LISTS of electoral votes for President and Vice-Presideht of the 
 
 United States to be made. Amendments 12 
 
 LIVINGSTON, BROCKHOI.ST. Associate Justice, h. 197, p. 193. 
 LIVINGSTON, PHILIP, of New York. Signed Dec. of Ind. p. 7. 
 LOUISIANA. Qualifications of suffrage in. n. 17. Number of rep- 
 
 resentaiives, n. 24. Population of, in each decade, n. 24. 
 
 Admitted into the Union, n. 230. Assigned to fifth judi 
 cial circuit, n. 197. Its history during the rebellion, n 235. 
 
 Ratified the 13th amendment, n. 274; rejected the 14th, n. 
 
 275. One of the non-reconstructed States, n. 277, 1. 
 
 Number of registered voters, n. 278. 
 
 LOVKLL, JAMES, of Mass. Signed Articles of Confederation, p. 21. 
 LYNCII, THOMAS, Jr., of South Carolina. Signed Dec. of Ind. p. 8. 
 
 ADISON, JAMES. Jr., of Virginia. Signed the Constitution, pp. 
 42, 252. President, n. 166. Ills views on impeachment 
 n. 194. On bills of credit, n. 93. 
 
 MAGAZINES. &c. Congress shall have power to exercise exclusive 
 
 legislation over forts, magazines, &c 1 8 17 30136 
 
 (See Exclusive Legislation, n. 137.) 
 
 MAHOMETANISM. The first amendment not to countenance or ad 
 vance, n. 245. 
 
 MAINE. Qualifications of voters in, n. 17, p. 6L. Five representa 
 tives in 1860, n. 24, p. 69. Population through each decade, 
 n. 24. pp. 6 i, 70. Assigned to the first judicial circuit, 
 n. 197, p. 1S2. Admitted into the Union, h. 230. liatified 
 the 13th amendment, n. 274; the 14th, n. 275. 
 
 MAJOR-GENERALS. Five in the army, n. 124. x 
 
 MAJORITY of each house of Congress shall constitute a quorum to 
 
 do business. Amendments 1 
 
 A majority of those present, n. 67. 
 
 MAJORITY of the whole number of electors necessary to elect the 
 President and Vice-President of the United States. 
 Amendments 12 
 
 MAJORITY of all the States shall be necessary to a choice of Presi 
 dent when the election shall devolve on the House of 
 Representatives. Amendments 12 
 
 MAJORITY of the whole number of senators shall be necessary to 
 a choice of Vice-President, when the election of that olti- 
 cer devolves upon the Senate. Amendments 12 
 
 MAJORITY of voters to ratify the Constitutions of the Confederate 
 States, n. 276, p. 283, 5. A maioritv of all the registered 
 voters must vote for the convention, n. 276, p. 285, 3. 
 And a majority of the registered votes cast at the elec 
 tion must ratify the Constitution, Id. 5. 
 
 MARITIME jurisdiction. The judicial power shall extend to all 
 
 cases of admiralty and maritime jurisdiction 8 
 
 This jurisdiction defined, n. 203. Maritime was used 
 to guard against a narrow construction of the word ad 
 miralty, n. 203. Admiralty jurisdiction embraces all 
 
 5 1 25, 84 
 
 46,164 
 46,164 
 46,164 
 
 2 1 37, 194 
 
INDEX. 355 
 
 Art. sec. cl. pp. 
 
 maritime contracts wherever made, n. 203. As for 
 material, &c., Id. 
 
 MARQUE. This power under the Confederation, Art. IX. p. 14. 
 
 MARQUE and reprisal. Congress shall have power to grant letters 
 
 of marque and reprisal 1 8 11 29, 12T 
 
 These terms defined, notes 119, 120, 121. 
 
 MARQUE and reprisal. No State shall grant letters of marque and 
 
 reprisal 1 10 1 81,153 
 
 Because it is a national power, n. 152. 
 
 MARRIAGE. Used in connection with definition of disparage, 
 n. 268. 
 
 MARSHAL of the United States. E. C. Parsons, the present, n. 
 197, p. 192, 
 
 MARTIAL law. Cannot exist with civil liberty, n. 260. Defined 
 and distinguished from other military law, n. 260, p. 265. 
 
 MARTIAL law, or military law, defined and explained, n. 262, 
 p. 265. 
 
 MARYLAND. Signed the Dec. of Ind. p. 7. One of the Confede 
 ration, p. 9. Signed the Articles of Confederation, p. 21 ; 
 the Constitution of the United States, pp. 41, 252. Quali 
 fication of voters, n. 17, p. 61. 
 
 MARYLAND. Entitled to six representatives in the first Congress. 123 23, 6T 
 
 Five representatives by census of lt>60, n. 24. p. 69. 
 The Dumber of inhabitants through each decade, n. 24, 
 pp. 69, 70. Assigned to the fourth judicial circuit, n. 197. p 
 192. Ratified the 18th constitutional amendment, n. 274 
 and rejected the 14th. n. 275. 
 
 MASSACHUSETTS. Signed the l)ec. of Ind. p. 7. One of the Con 
 federation, p. 9. Sijrned the Articles of Confederation, 
 p. 21. Signed the Constitution of the United States, p. 41. 
 Qualification of voters, n. 17, p. 61. Eigiit representatives 
 in first Congress. Ten representatives in I860, n. 24. p. 69. 
 Number of inhabitants through each decade, n. 24. pp. 69, 
 70. Assigned to the first judicial circuit, n. 197, p. 192. . 123 23,67 
 
 MASTERS of vessels cannot be required to pay a passenger tax, 
 n. 88. 
 
 MASTERS. Might seize and recapture their slaves, n. 227, p. 233. 
 The slaves to be delivered up to them, n. 228. Can assign 
 their apprentices in Maryland, n. 274. p. 273. 
 
 MATERIALS for ships under admiralty jurisdiction, n. 203. 
 
 MEASURES. The President shall, fmm time to time, recommend 
 to the consideration of Congress such measures as he shall 
 judge necessary and expedient 231 36,183 
 
 MEASURES. " Congress has power to fix the standard of weights 
 
 and measures 185 29.114 
 
 To fix defined, n. 101. "Weights and measures of the 
 metric system made lawful, n. 102. p 117. I. And con 
 tracts therein rendered valid, Id. Tables for, established, 
 Id. 2. Measures of length, Id. Of surface, Id. Of ca 
 pacity, Id., p. 118. 
 
 MEETING of Congress. The census to be taken within three years 
 
 of the first meeting of Congress 1 2 3 23,67 
 
 MEETING. The Congress shall assemble at least once in every 
 year, and such meeting shall be on the first Monday in 
 December, unless they shall by law appoint a different 
 
 day 1 4 2 25,83 
 
 When Unconstitutional term expires, n. 43 The 
 meetings as now prescribe*! by law, n. 4o. Three of each 
 Congrers, Id. 
 
 MEMBERS of House of Representatives. (See Representatives.) 
 
 MEMHERS of the Senate. (See Senators.) 
 
 MICHIGAN. Qualifications for suffrage in. n. 17. Number of rep 
 resentatives, n. 24. Population in each decade, n. 24, pp. 
 69, 70. Assigned to sixth judicial circuit, n. 197. Ad 
 mitted into the Union, n. 230. Katified the 18th amend 
 ment, n. 274 ; the 14th, n. 275. 
 
 MIDDLETON, ARTHUR, of South Carolina. Signed Dec. of Ind. 
 p. 8. 
 
356 
 
 INDEX. 
 
 MIDDLETON, DANIEL "W. Clerk of the Supreme Court of the United 
 States, n. 197. 
 
 MILITARY arrest. Persons under, to be tried without delay, 
 n. 276, p. 282, 4. 
 
 Mii.iTAKY commission. During the war could not try citizens in 
 the loyal States, n. 260, p. 264. The sentences of, in the 
 re-bel States, how to be approved, n. 276, p. 282, 4. 
 
 MILITARY districts. Five created in the ten rebel States, n. 276, 
 p. 282, 1. Duties of the commanders in the same, n. 276, 
 p. 284, 2. 1 Supplementary Act, pp. 2S4, 285, 3, 4. 
 Their power over the governments (2 Supplementary Act), 
 p. 286, 1. Powers in, subject to the supervision of the 
 commanding general, p. 286, 2. The acts of the officers 
 already done, certified, p. 287, 4. 
 
 MILITARY iaw" defined and classified, n. 260, p. 265. Congress can 
 give the. power to try those connected with the army and 
 navy by military law, n. 254. 
 
 MILITARY and naval offenses may be punished in the manner 
 practiced by civilized nations, n. 254. 
 
 MILITIA. Congress shall have power to provide for calling forth 
 the militia to execute the laws of the Union, suppress in 
 surrections, and repel invasions 1 
 
 Militia defined, notes 130, 135. The acts for calling 
 them forth, n. 130, p. 134. The President must judge 
 when he has the authority, Id. The militia is of the 
 States, Id. Not subject to martial law until in actual 
 service, n. 134. Declared national forces, n. 134, p. 
 136. Differences of opinion as to the constitutionality, 
 Id. When called out they are subject to the articles of 
 war, n. 135. 
 
 MILITIA. Congress shall have power to provide for organizing, 
 arming, and disciplining the militia, and for governing 
 such part of them as may be employed in the service of 
 the United States, reserving to the States, respectively, 
 the appointment of the officers, and the authority of train 
 ing the militia according to the discipline prescribed by 
 
 Congress 
 
 These terms defined, n. 134. Acts of Congress upon the 
 subject and its history, n. 135. 
 
 MILITIA. The President shall be commander-in-chief of the army 
 and navy of the United States, and of the militia of the 
 several States, when called into the actual service of the 
 
 United States 2 
 
 The power of the President commences when that of 
 the governors ceases, n. 175. 
 
 MILITIA. A well-regulated militia being necessary to the se 
 curity of a free State, the right of the people to keep and 
 
 bear arms shall not be infringed. Amendments 2 
 
 This clause defined, n. 249. President Johnson s action, 
 n. 249. 
 
 MILITIA. No person shall be held to answer for a capital or 
 otherwise infamous crime, unless on a presentment or 
 indictment of a grand jury, except in cases arising 
 in the land or naval forces, or in the militia when in 
 actual service, in time of war or public danger. Amend 
 ments 8 
 
 MINISTEHS, public. (See Appointments Ambassadors.) 2 
 
 Public ministers defined, notes 180, 181. 
 
 MINISTEHS. public. The President shall receive ambassadors and 
 
 other public ministers 2 
 
 MFNII-TKIJS. (S e Atnbasaadora^Comuh Judicial Power.) 
 
 MINNESOTA. Qualifications for suffrage in. n. 17. Number of 
 representatives, n. 24 Population in each decade, n. 24, 
 pp. 69, 70. Assigned to sixth judicial circuit, n. 197. Ad- 
 niilted into the Union, n. 230. Katified the 13th amend 
 ment, n. 274; the 14th, 275. 
 
 MISDEMEANORS. All civil officers shall be removed from office 
 
 on impeachment for, and conviction of misdemeanors, &c. 2 
 
 Art. sec. cl. 
 
 pp. 
 
 8 15 29, 183 
 
 1 8 16 29,135 
 
 8.M71 
 
 43, 256 
 
 44,258 
 85, 174 
 
 2 ?. 183 
 
 86, 185 
 
* INDEX. 357 
 
 Art. sec. cl. pp 
 
 Misdemeanors defined and distinguished from crimes 
 and felony, n. 194. 
 
 MISSISSIPPI. Qualifications for suffrage in, n. 17. Number of rep 
 resentatives, n. 24. Population of, in each decade, n. 24, 
 pp. 69, 70. Assigned to fifth judicial circuit, n. 197. Ad 
 mitted into the Union, n. 230. Its history during the 
 rebellion, n. 235. Ratified the 13th amendment, n. 274. 
 Rejected the 14th, n. 275. One of the rebel States, n. 276, 
 p. 282, 1. Its government subject to military rule, Id. 
 p. 2S6, 1. Number of registered voters, n. 278. 
 MISSOURI. Qualifications for suffrage in, n. 17. Number of rep 
 resentatives, n. 24. Population of, in each decade, n. 24. 
 pp. 69, 70. Assigned to eighth judicial circuit, n. 197. Ad 
 mitted into the Union, n. 230. Its history during the 
 rebellion, n. 235. Ratified the 13th amendment, n. 274; 
 the 14th, n. 275. 
 MONARCHICAL government, as contradistinguished from republican 
 
 government, n. 233, p. 243. 
 MONEY. Congress shall have power to borrow money on the 
 
 credit of the United States 182 28,103 
 
 Money defined, notes S3, 84. This carries the right to 
 issue treasury notes and to make them legal tenders, n. 83. 
 Congress shall have power to coin money, regulate the 
 
 value thereof, and of foreign coin 1 8 5 29,114 
 
 To coin money defined, n. 97. Money defined, n. 98. 
 A history of regulating the value, n. 99. Legal tenders 
 considered, n. 100. 
 
 MONEY. Congress shall have power to raise and support armies, 
 but no appropriation of money to that use shall be for a 
 
 longer term than two years 1 8 12 29,130 
 
 (See Appropriations, n. 126.) 
 
 MONEY. No money shall be drawn from the Treasury, but in con 
 sequence of appropriations made by law; and a regular 
 statement and account of the receipts and expenditures of 
 all public money shall be published from time to time. ... 1 9 7 81, 151 
 
 MONEY. No State shall coin money 1 10 1 31,153 
 
 MONROE, JAMES. President, n, 166. 
 
 MOBEIS, ROBERT, of Pennsylvania. Signed Dec. of Ind. p. 7. 
 Signed Articles of Confederation^ p. 21. Signed the Con 
 stitution, p. 42. 
 
 MORRIS, Gouv., of New York. Signed Articles of Confederation, 
 p. 21. Of Pennsylvania. Signed Constitution, pp. 42, 
 252. 
 MOKTON, JOHN, of Pennsylvania. Signed Dec. of Ind. p. 7. 
 
 NAMES of the members. The yeas and nays of the members of 
 either house, on any question, shall, at the desire of one- 
 fifth of those present, be entered on the journal 1 5 8 26, 8T 
 
 NAMES of the signers of the Dec. of Ind. pp. 7, 8. Of the Articles 
 of Confederation, p. 21. Of the Constitution of the United 
 States, pp. 41, 42, 252. Of the States of the Union, 
 notes, 17, 24, 274, 275. Of the Speakers of the House of 
 Representatives, n. 26, p. 73. Of the presiding officers of 
 the Senate, n. 38. Of the Presidents of the United States, 
 n. 166, p. 163. Of the Vice-Presidents of the United 
 States, n. 37, pp 77, 7S. Of the Chief-Justices, n. 197, p. 
 192. Of the Associate Justices, n. 197, p. 193. Of the new 
 States admitted, n. 280, pp. 236, 237. Of the States which 
 ratified the Constitution, n. 243. Which ratified and re 
 jected the 13th constitutional amendment, n. 274. And 
 14th amendment, n. 275. Of the ten rebel States, n. 276. 
 
 NATIONAL bank. The States have the right to tax the interest of 
 the shareholders, n. 74. The power of Congress to incor 
 porate, notes 80, 138. 
 
 NATIONAL forces. All the citizens of the United States declared, 
 n. 135, p. 136. The constitutionality of this denied and 
 affirmed. Id. and n. 125, p. 132. 
 
 NATIONAL government. (See Government.} 
 
358 
 
 INDEX. 
 
 NATIONAL securities. A statement of, n. 78, p. 99. The States 
 have no right to tax them, n. 84. 
 
 NATIVE born of Louisiana became citizens, n. 220. 3. All born 
 in the allegiance of the United States are native born, 
 n. 274. 
 
 NATURAL born citizens. No person, except a natural born citizen, 
 or a citizen of the United States at the time of the adoption 
 of this Constitution, shall be eligible to office of President. 
 Not m.ide by law or otherwise ; born, n. 169. Every 
 per.-on born in the country is at the moment of birth 
 prima facie a citizen, notes 169, 274, p. 224. (See Citizen 
 notes 2-20, 274. 
 
 NATURALIZATION. Congress shall have power to establish an uni 
 form rule of naturalization 
 
 Naturalization defined, n. 93. Its effects, Id. The power 
 in Congress is exclusive, Id. Who may be naturalized, Id. 
 p. 113, and note 274, pp. 274, 275, All persons born or natu 
 ralized in the United States, and subject to jurisdiction 
 thereof, are citi/.-ns of the United States and of the State 
 wherein they reside (see Citizens)^ Art. XIV. pp. 1, 48.) 
 
 NAVAL forces. Congress shall have power to make rules for the 
 government and regulation of the land and naval forces. . . 
 
 Art. soc. cl. 
 
 (For these rules, see n. 129.) This power under the 
 Confederation, Art. IX., p. 14. 
 
 NAVAL forces. No person shall be held to answer for a capital or 
 otherwise infamous crime, unless on a presentment of a 
 grand jury, except in cases arising in the land or naval 
 
 forces. fce. Amendments .. 5 
 
 This compared with the last recited power and the navy, 
 n. 254. Congress may punish offenses in the army and 
 navy, n. 254. Such sentences are beyond the jurisdiction 
 of the courts, Id. Congress mav fix the promotions in, n. 
 184, p. 181. 
 
 NAVIQABLK waters. The entire, of the United States, covered by 
 the admiralty jurisdiction, n. 203. Without regard to the 
 ebb and flow of the ocean, Id. Congress may regulate 
 bridges over, n. 89, p. 108. 
 
 NAVIGATION. Included by the term commerce, notes SO, 89, 274. 
 
 NAVY. Congress shall have power to provide and maintain a navy. 1 
 
 To provide and maintain defined, n. 127. Navy defined, 
 n. 128. 
 
 NAVY. The President shall be commander-in-chief of the army 
 
 and navy 2 
 
 (See Commander-in-chief, n. 175.) 
 
 NEBRASKA. Kule of suffrage in, n. 17, p. 62. Number of inhabit 
 ants in 1860, n. 24, p. 61). Admitted into the Union, n. 
 230. Ratified the 13th constitutional amendment, n. 274; 
 the 14th, n. 275. 
 
 NECESSARY. Congress shall have power to make all laws which 
 
 shall be necessary and proper 1 
 
 Necessary defined and criticised, n. 138. p. 139. Com 
 pared vvith appropriate. n. 274. Compared with absolutely 
 necessary, notes 138, 162. 
 
 NECESSARY. The President shall, from time to time, recommend 
 to Congress such measures as he shall judge necessary and 
 expedient 2 
 
 NECESSARY. The Congress, whenever two-thirds of both houses 
 shall deem it necessary, shall propose amendments to this 
 Constitution, &c 
 
 NECESSARY. A well-regulated militia being necessary to the secu 
 rity of a free State, the right of the people to keep and 
 
 bear arms shall not be infringed. Amendments 2 
 
 (See Militia.) 
 
 NELSON, Jr., THOMAS, <-f Virginia. Signed Dec. of Ind. p. 7. 
 
 NKVAOA. linle of suffrage in, n. 17. p. 62. Number of inhabitants 
 in I860, n. 2t, p. 6 J. Assigned to ninth judicial circuit, 
 n. 197. Admitted into the^Union, n. 230. Katified tho 
 13th constitutional amendment, n. 274. The 14th, n. 275. 
 
 pp. 
 
 84,167 
 
 28,112 
 
 14 29, 133 
 
 44, 258 
 
 8 13 29, 132 
 
 2 1 35,117 
 
 8 18 30, 138 
 
 3 86, 183 
 40, 246 
 43, 256 
 
IXDEX. 
 
 Art. sec, cl. 
 
 NEW HAMPSHIRE. Signed the Dec. of Iiul. p. 7. One of the Con 
 federation, p. 9. Sii:ned the same, p. 21. Signed the Con 
 stitution of the United States, p. 41. Rule of suffrage in, 
 n. 17. p. 62. 
 
 NEW HAMPSHIRE. Entitled to three representatives in the first 
 
 Congress 1 2 
 
 Three by the census of I860, n. 24, p. 69. Population 
 under each decade, n. 24, pp. 9, 70, 71. Assigned to the first 
 judicial circuit, n. 197, p. 192. Ratified the 18th amend 
 ment, n 274. The 14th, u. 275. 
 
 NEW JERSEY. Signed the Dec. of Ind. p. 7. One of the Con 
 federation, p. 9. Signed the Articles of Confederation, 
 p. 21. Signed the Constitution of the United States, pp. 
 41, 252. Qualifications for suffrage in, n. 17, p. 62. 
 
 NEW JERSEY. Entitled to four representatives in first Congress. . 1 2 
 
 Three by the census of I860, n. 24, p. 69. Population 
 under each decade, n. 24, pp. 69, 70, 71. Assigned to the 
 first judicial circuit, n. 197, p. 192. .Ratified the 13th 
 amendment, n. *74; the 14th, n. 275 
 
 NEW Stales may be admitted by the Congress into this Union 4 3 
 
 New States defined, n. 229. Under the Articles of Con 
 federation, Art. XI. p. 19. The Confederate States Consti 
 tution prepared, n. 229. A list of new States, and the con 
 secutive dates of their admission, n. 230. The effect of 
 enabling acts and of the Constitution, n. 230, 
 
 NEW YORK. Signed tne declaration of Independence, p. 7. One 
 of the Slates of the Confederation, p. 9. Signed the articles 
 thereof, p. 21. Signed the Constitution of the United 
 S ates, pp. 42, 252. Qualification of voters in. n. 17., p. 63. 
 
 NEW YOKK. Entitled to six represent atives in first Congress.... 1 2 
 
 To th i rty one under the census of 1860, n. 24, p. 69. 
 Population under each decade, pp. 69, 70. Assigned to the 
 second judicial circuit, n. 197. Ratified the 13th consti 
 tutional am ndment. n. ^74 ; the 14th, ri. 275. 
 
 NOBILITY. No title of nobility shall be granted by the United 
 
 States 1 9 
 
 Nobility defined, n. 150. The reason given, Id. 
 
 NOBILITY. No Stale shall grant any title of nobility 1 )0 
 
 NOMINATE. The President shall nominate, and, by and with the 
 advice and consent of the Senate, shall appoint, ambassa 
 dors, other public ministers, and consuls, judges of the 
 Supreme Court, and all other officers of the Uriiied States, 
 whose appointments are not herein otherwise provided 
 
 for, and which shall be established by law 2 
 
 Nominate defined, n. 179. 
 
 NULLIFICATION and secession have the same poisonous root, Pref. 
 p. Tii. 
 
 OATH or affirmation. Senators when sitting to try impeachments 
 
 shall be on oath or affirm^ tion 1 
 
 The oath in Chase s trial, n. 39. 
 
 OATH of the President of the United Slates. Before he enter on 
 the execution of his office, he shall take the following oath 
 or affirmation : I do solemnly swear or affirm, that 1 will 
 faithfully execute thu office of President of the United 
 StaU-s, and will, to the best of my ability, preserve, 
 protect, and defend the Constitution of the United 
 
 Stales. 1 2 
 
 This constitutes the President, above all o;her officers, 
 the guardian, protector, and defender of the Constitution, 
 n. 74. 
 
 OATH or affirmation. The senators and representatives before 
 mentioned, and the members of i he several State legisla 
 tures, and all executive and judicial offii ers, both of the 
 United States and of the several Mates, shall be bound by 
 oath or affirmation to suppoi t this Constitution, but no 
 religious test shall ever be required as a qualihcation to 
 any office or public trust under the United Slates 6 
 
 359 
 
 pp. 
 
 23,67 
 
 23,167 
 39, 234 
 
 2 2 
 
 23, 67 
 
 31,152 
 31, 153 
 
 35, 171 
 
 25,81 
 
 35, 170 
 
 8 40,250 
 
360 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 The oath proscribed by the act of 17S9, n. 242. May be 
 
 enlarged, Id. and n. 40. It binds the citizens and the States 
 
 to support the Constitution, Id. The test oath of 1862, Id. 
 
 Declared unconstitutional as to attorneys in certain cases, 
 
 n. 242. Required of members from the rebel States, n. 274, 
 
 p. 283, 5. The oath explained, Id. p. 287, 6. 
 OATH or affirmation. No warrants shall issue but upon probable 
 
 cause, supported by oath or affirmation. Amendments... 4 44,257 
 
 OATH of voters in the rebel States, n. 286, p. 284, 1. 
 
 (See Affirmation.) 
 
 OBJECTIONS of the President to bills. (See Sills, n. 67. Veto, Id.) 
 OBLIGATION of contracts. No State shall pass any bill impairing 
 
 the obligation of contracts 1 10 131,153 
 
 Remark upon this, n. 152. What laws enter into the 
 
 obligation of the contract, n. 157. (See Contracts, notes 
 
 157, 158, 159, 160, 161.) 
 
 OCCASIONS. The President may, on extraordinary occasions, con 
 vene both houses of Congress, or either of them 2 3 36, 183 
 
 OFFENSE. Nor shall any person be subject for the same offense to 
 
 be twice put in jt-opardy of life or limb. Amendments. 5 44, 258 
 
 (See Jeopardy.) Ott enso defined, n. 194. 
 OFFENSES against the law of nations may be denned and punished 
 
 byCon-re^s 1 S It) 29,124 
 
 Some of these offenses are not crimes, n. 115. The 
 
 term criticised, Id. and n. 194. (See La^v of Nations, 
 
 n. 116.) 
 OFFENSES. The President shall have power to grant reprieves and 
 
 pardons for offenses against the United States 2 2 I 35,171 
 
 (See Reprieve Pardon.) 
 OFFENSES against the laws of war must be dealt with by the same 
 
 laws, n. 115 
 
 OFFICE. Judgment in cases of impeachment shall not extend 
 
 further than to removal from office, and disqualification to 
 
 hold and enjoy any office of honor, trust, or profit, under 
 
 the United States 1 S 25,82 
 
 It has boen doubted if it should fall short of removal 
 
 from office, n. 40. 
 OFFICE. No senator or representative shall, during the time for 
 
 which he was elected, be appointed to any civil office 
 
 under the authority of the United States which shall have 
 
 been created, or the emoluments whereof shall have been 
 
 increased during such time 162 27,90 
 
 The acceptance of an incompatible office vacates the 
 
 seat, notes 62-63. As a collector cannot also be an in 
 spector, n. 63. 
 OFFICE. No person holding any office under the United States 
 
 shall be a member of either house of Congress during his 
 
 continuance in office 162 27,90 
 
 The acceptance of an incompatible office vacates the 
 
 firsf, n. 63. 
 OFFICE of the government. Congress shall have power to make all 
 
 laws which shall be necessary-and proper for carrying into 
 
 execution the foregoing powers, and all other powers 
 
 vested by this Constitution in the government of the 
 
 United States, <>r in any department or officer thereof 1 8 18 30, 13S 
 
 OFFICE. No person holding any office of profit or trust under the 
 
 United States, shall, without the consent of the Congress, 
 
 accept of any present, emolument, office, or title, of any 
 
 kind whatever, from any king, prince, or foreign State. . 1 9 8 31, 152 
 
 This does not extend to private citizens, n. 151. 
 OFFICE. The President shall hold his office during the term of 
 
 four years, and the Vice-President chosen for the same 
 
 time 2 1 1 32, 162 
 
 It was argued that the office being for a term of years, 
 
 the President could not be subject to the rule of good 
 
 behavior applicable to judges, n. 194. 
 OFFICE. No person holding an office of trust or profit under the 
 
 \ 
 
INDEX. 
 
 361 
 
 Art. 
 
 sec. cl. 
 1 2 
 
 United States shall be appointed an elector of President or 
 Vice-President of the United States 
 
 OFFICE of President United States. Eligibility of a person to the 
 office of President of the United States. (See Eligi 
 bility.) 2 1 
 
 OFFICE. In case of the removal of the President from office, or of 
 his death, resignation, or inability to discharge the, powers 
 and duties of the said office, the same shall devolve on the 
 Vice-President, and the Congress may, by law, provide for 
 the case of removal, death, resignation, or inability, both 
 of the President and Vice-President, declaring what officer 
 shall then act as President ; and such officer shall act ac 
 cordingly until the disability be removed or a President 
 
 shall be elected 2 1 
 
 The office now devolves first upon the Vice-President, 
 next upon the presiding officer of the Senate ; and lastly, 
 upon the Speaker of the House of Eepresentatives; and 
 elections are provided for, n. 172. 
 
 OFFICE, tenure of. Those holding to continue, how long, n. 184, 
 pp. 179, 180, 1, 4. The cabinet to hold during the 
 presidential term, subject to removal. Id. 1. Upon 
 suspension of office, duties of, how performed. Id. 2. 
 The effect of the suspension from. Id. When offices re 
 main in abeyance, Id. p. 180, 3. To hold contrary to 
 law, how punished, Id. 5. To appoint to, contrary to 
 law, how punished, Id. 6. Duties of the President on 
 naming any person to office, n. 184, p. 181, 8. No person 
 to be paid for exercising office contrary to the act ; punish 
 ment for, Id. 9. The decisions before the law, n. 184, 
 p. 181. 
 
 OFFICE. Oath of office of President of the United States 
 
 (See Oath, n. 242.) 
 
 OFFICES. The President may require the opinion, in writing, of 
 the principal officers in each of the executive departments, 
 upon any subject relating to the duties of their respective 
 
 offices 
 
 As to who those seven officers are, see note 176. 
 
 OFFICES. The judges, both ot the Supreme and Inferior courts, 
 shall hold their offices during good behavior, and shall at 
 stated times, receive for their services a compensation, 
 which shall not be diminished during their continuance in 
 
 office 3 
 
 That is for life or until impeached. See notes 194, 
 197, 198. All offices to be established by the Constitution 
 or law, n. 181. What are offices, Id. The power to 
 appoint to includes the power to remove, n. 184. Now 
 regulated by the Tenure of Office law, Id. p. 179. 
 
 OFFICERS of the army and navy can only be removed by court- 
 martial, n. 184, p. 179. Tenure of civil offices Cabinet, 
 Id. When subject to suspension and removal, and the 
 consequences, Id. Who to exercise the temporary powers 
 of, Id. 2, 3. To be commissioned by the President 
 when, n. 184, p. 180, 6. 
 
 OFFICERS. The House of Representatives shall choose their 
 
 Speaker and other officers 1 
 
 OFFICERS. The Senate shall choose their other officers, and also a 
 President pro tempore, in the absence of the Vice-Presi 
 dent 1 
 
 List of presiding officers, n. 38. When they become 
 President, n. 172. 
 
 OFFICERS of militia. The appointment of officers of the militia 
 
 reserved to the States respectively 1 8 16 
 
 This was in effect destroyed by the conscript law, n. 
 125. J2 2 2 
 
 OFFICERS of the United States. (See Appointment* of.) | 2 2 3 
 
 OFFICERS. Tlft President shall commission all the officers of the 
 
 United States 2 3 
 
 OFFICERS. All civil officers of the United States shall be removed 
 
 16 
 
 pp. 
 82,164 
 
 34,167 
 
 84,169 
 
 1 7 85, 170 
 
 221 35,171 
 
 23,72 
 
 24,178 
 
 29, 135 
 
 83,174 
 
 85, 182 
 
 86,188 
 
362 
 
 Art. sec. cl. pp. 
 
 from office on impeachment for, and conviction of, treason, 
 
 bribery, or other high crimes and misdemeanors 2 4 36, 185 
 
 None but civil officers are subject to impeachment, 
 n. 191. Senators are not, notes 191, 194. 
 
 OFFICERS. All the executive and judicial officers, both of the 
 United States and of the several Status, shall be bound 
 
 by oath or affirmation to support this Constitution 6 3 41,250 
 
 For ttath of office and test oath see n. 142. 
 No person shall be a senator or representative in 
 Congress, or elector of President and Vice-President, 
 or hold any office, civil or military, under the United 
 States, or under any State, who, having previously 
 taken an oath, as a member of Congress, or as an officer 
 of the United States, or as a member of any State 
 legislature, or as an executive or judicial officer of any 
 State, to support the Constitution of the United States, 
 shall have engaged in insurrection or rebellion against 
 the same, or given aid or comfort to the enemies 
 thereof. But Congress may, by a vote of two-thirds 
 
 of each house, remove such disability. Amendments 14 3 49,280 
 
 This disqualification extended to members of the Re 
 construction Conventions and to voters for delegates, 
 n. 276, p. 287 5. The expurgatory oath to reach them, 
 B. 276 (Supplementary Act), 1. The disqualification ex 
 plained, n. 276, p. 287 6. The commanders of districts 
 allowed to remove any officers of the rebel States, n. 276 
 (Second Supplementary Act), p. 284, 2. This third sec 
 tion discussed, n. 281. May overrule the test oath as to 
 those not disqualified, n. 281. 
 
 OHIO. Kule of suffrage in, n. 17. Representatives by the census 
 of 1860, n, 24. Number of inhabitants through each de 
 cade, n. 24. pp. 69, 70. Assigned to the sixth judicial cir 
 cuit, n. 197. Ratified the thirteenth constitutional amend 
 ment, n. 274 ; the fourteenth, n. 275. And withdrew rati 
 fication, Id. 
 
 ONE-FIFTH of the members present. The yeas and nays of tho 
 members of either house, on any question, shall, at the 
 desire of one-fifth of those present, be entered on 
 the journal 1 5 3 26,87 
 
 OPINION. The President may require the opinion, in writing, of 
 
 the principal officer in each of the executive departments. 221 23, 171 
 These opinions, how given and by whom, n. 176. 
 
 OKDAIN and establish this Constitution for the United States of 
 
 America, &c. We the people do. Preamble 22. 53 
 
 (See America Constitution.) 
 
 ORPAIN and establish. The judicial power of the United States 
 shall be vested in one Supreme Court, and in such in 
 ferior courtp as the Congress may, from time to time, 
 
 ordain and establish 311 30,189 
 
 As Congress has the power to establish, it may regulate 
 the jurisdiction, n. 186. 
 
 ORDEB, resolution, or vote, to which the concurrence of the Senate 
 and House of Representatives may be necessary, except 
 on questions of adjournment, shall be presented to the 
 
 President . 173 28,93 
 
 (See Concurrence Resolution.) 
 
 OREGON. Rule of suffrage in, n. 17, p. 63. One representative 
 under the census of 1860, n. 24, p. 69. Number of inhab 
 itants under the decades, n. 24, pp. 69, 70. Treaty with 
 Great Britain in relation to, n. 178, p. 175. Assigned to 
 the ninth judicial circuit, n. 197, p. 192. Ratified the thir 
 teenth constitutional amendment, n. 274. And the four 
 teenth, n. 275. 
 
 ORGANIZING the militia. Congress shall have power to provide 
 
 for organizing, arming, and disciplining the militia 1 8 16 29, 135 
 
 (See Militia.) - 
 
 OBIGINAL jurisdiction. In all cases affecting ambassadors, other 
 public ministers, and consuls, and those in which a btalu 
 
INDEX. 
 
 363 
 
 Art. sec. cl. 
 
 pp. 
 
 ST, 204 
 
 1 27, 90 
 
 2 27, 91 
 1 38, 211 
 
 44,256 
 
 3 39, 232 
 
 shall be a party, the Supreme Court shall have original 
 jurisdiction 3 2 
 
 This original jurisdiction is confined to two classes of 
 cases, defined, n. 210, p. 203. Co-extensive with the judi 
 cial | lower. Id. Restricts Congress, n. 210. (See Jurisdic 
 tion, notes 210, 211.) 
 ORIGIN ATK. All bills for raising revenue shall originate in the 
 
 House of Representatives 1 7 
 
 The reason of this rule, n. 64. Revenue defined, n. 65. 
 ORIGINATED. Every bill, resolution, order, or vote, not approved, 
 shall be returned by the President, with his objections, to 
 
 that house in which it shall have originated 1 7 
 
 When returned, n. 68. 
 OVEKT act. No person shall be convicted of treason, unless on 
 
 the testimony of two witnesses to the same overt act 3 3 
 
 (See Treason, n. 215.) 
 OWNER. No soldier shall, in time of peace, be quartered in any 
 
 house without the consent of the owner. Amendments. 3 
 
 The occupant is the owner, n. 250. 
 
 OWNERS of slaves. No person held to service or labor in one 
 State, under the laws thereof, escaping into another, shall, 
 in consequence of any law or regulation therein, be dis 
 charged from such service or labor, but shall be delivered 
 up on claim of the party to whom such service or labor 
 
 may be due 4 2 
 
 Person and State defined, n. 226. Escaping defined, 
 n. 227. The owner was clothed with full authority to re 
 capture, n. 227. 
 
 PACA, WILLIAM, of Maryland. Signed the Dec. of Ind. p. 7. 
 
 PAINE, ROBERT TREAT, of Massachusetts Signed the Dec. of Ind. 
 p. 7. 
 
 PAPERS. The right of the people to be secure in their effects 
 against unreasonable searches or seizures shall not be vio 
 lated. Amendments 4 44,257 
 
 People, and searches and seizures, defined, n. 251. War 
 rant defined and the reasons given, n. 252. 
 
 PARDONS. The President shall have power to grant pardons 221 35,171 
 
 Pardon defined, n. 177. May be granted as well before as 
 after trial, n. 177. The extent of the pardon; it must be 
 accepted; it blots out the offense, n. 177. p. 173. The ef 
 fect of the pardon of the rebels, notes 46, 177, p. 174. As to 
 whether it overcame the test oath, n. 46. Did not give the 
 right to vote or hold office in the rebel States, n. 276 
 (Second Supplementary act), p. 288, 7. 
 
 PARSONS, R. C. United States Marshal, n. l J7. 
 
 PASS any bills. No State shall pass any bill of attainder, ew post 
 
 "facto law, or law impairing the obligation of contracts. ... 1 10 1 31,153 
 
 (See Attainder, note, n. 142. Ex pout facto, notes 143, 
 156.) 
 
 PASSED the House of Representatives and Senate. Every bill, 
 resolution, &c., passed by the House of Representatives 
 and Senate, shall be presented to the President, &c 1 
 
 PASSED. Bills, resolutions, &c., returned by the President, may 
 
 be passed be two-thirds of both houses 1 
 
 (See .*, n. 66-70.) 
 
 PATENT rights. Congress shall have power to promote the pro 
 gress of science and useful arts, by securing for limited 
 times to authors and inventors the exclusive right to their 
 
 respective writings and discoveries 1 
 
 See the terms defined and discussed, notes 107, 108. 
 
 PATENT office. Description of, n. 108. 
 
 PATENTS are to be liberally construed, n. 108. 
 
 PATERSON, WILLIAM, of New Jersey. Signed the Constitution, 
 p. 42. Associate Justice, n. 197, p. 193. 
 
 PAY the debts of the United States. Congress shall have power 
 
 to pay the debts of the United States 181 28,94 
 
 The object of this phrase, u. 78. The amount of the 
 
 27,91 
 27,91 
 
364 
 
 INDEX. 
 
 10 3 
 
 26,83 
 32, 101 
 
 44, 256 
 
 25,64 
 
 Art. sec. cl. pp. 
 
 debts since the foundation of the government, n. 78, pp. 
 97, 100. (See Public Debt.) 
 
 PAYMENT of debts. No State shall make any thing but gold and 
 
 silver coin a tender in payment of debts 1 10 1 81,153 
 
 But Congress may issue treasury notes and make them 
 
 a lesral tender in the payment of debts, notes 84, 97, 100. 
 
 (See Arrest.) 
 
 PEACE. For a breach of the peace a senator or representative 
 
 may be arrested 1 
 
 PEACE. No State shall, without the consent of Congress, keep 
 
 troops or ships of war in time of peace 1 
 
 PEACE. No soldier shall, in time of peace, be quartered in any 
 
 house without the consent of the owner. Amendments. . 3 
 (See Houfte.) 
 
 PECK, JAMES H. Trial of, notes 36, 194. 
 
 PENALTIES. Each house may be authorized to compel the at 
 tendance of absent members, in such manner and under 
 such penalties as each house may provide 1 
 
 PENN, JOHN, of North Carolina. Signed Dec. of Ind. p. T. 
 Signed Articles of Confederation, p. 21. 
 
 PENNINGTON, WILLIAM. Speaker of the House of Representa 
 tives, n. 26. 
 
 PENNSYLVANIA. Signed the Dec. of Ind. p. 7. One of the Con 
 federation, p. 9. Signed the articles thereof, p. 21. Signed 
 the Constitution, pp. 42, 252. Qualifications of voters, 
 n. 17, p. 63. 
 
 PENNSYLVANIA. Entitled to eight representatives in first Con 
 gress 1 2 8 28,67 
 
 Twenty-four under the census of 1860, notes 24, 28, 67, 
 pp. 63, 69. Qualification of suffrage, n. 17. Population 
 under each decade, n. 24, pp. 69", 70. Assigned to the 
 third judicial circuit, n. lit. Ratified the thirteenth 
 constitutional amendment, n. 274 ; the fourteenth, n. 275. 
 
 PEOPLE United States ordain and establish this Constitution. 
 
 Preamble 22, 53 
 
 By the people, not by the State in their sovereign 
 capacity. How by the people. Compared with citizens, 
 notes 6, 16, 17, 24, 220, 221, 274, 281. 
 
 PEOPLE. Members of House of Representatives to be chosen 
 
 every second year by the people of the several States 1 2 1 22, 56 
 
 The people here defined and compared. The real actors 
 are the voters, n. 16. 
 
 PEOPLE represented are all free persons, those bound for a term 
 of years, Indians taxed, and three-fifths of all other per- 
 
 eons 1 2 3 23,67 
 
 That is two-fifths only of the slaves were excluded, 
 n. 24. The free blacks were always counted, n. 24. 
 
 PEOPLE. The enumeration of the people to be made within three 
 years after the first meeting of Congress, and every ten 
 vears thereafter, in such manner as they may by law 
 
 direct 1 2 8 23,67 
 
 The result of these various enumerations, notes 24, 
 69-71. 
 
 PEOPLE. Congress shall make no law abridging the rights of the 
 people peaceably to assemble and to petition the govern 
 ment for a redress of grievances. Amendments 
 
 PEOPLE. The right of the people to keep and bear arms shall not 43 254 
 
 be infringed. Amendments 2 43,256 
 
 Here used in the broad sense of the preamble, n. 248. 
 
 PEOPLE. The right of the people to be secure in their persons, 
 houses, papers, and effects, against unreasonable searches 
 and seizures, shall not be violated; and no warrants shall 
 issue but upon probable cause, supported by oath or affir 
 mation, and particularly describing the place to be 
 searched, and the persons or things to be seized. Amend 
 ments 4 44,25T 
 
 (See note 249.) 
 
 FJBOPLK. The enumeration in the Constitution of certain rights, 
 
INDEX. 
 
 865 
 
 Art. sec. cl. 
 
 pp. 
 45, 263 
 
 shall not be construed to deny or disparage others retained 
 
 by the people. Amendments 
 
 Here used in the sense of the preamble, n. 268. 
 
 PEOPLE. The powers not delegated to the United States by the 
 Constitution, nor prohibited by it to the States, are re 
 served to the States respectively, or to the people. Amend 
 ments 10 45, 269 
 
 PEOPLE of the rebel States. When they shall have formed a con 
 stitution, n. 276, p. 283, 5. Until the people shall have 
 been admitted to representation in Congress. Id. 6. (See 
 Person.) 
 
 PERSON. Qualification of a person to be a representative in Con 
 gress 122 23,66 
 
 (And see Qualifications, n. 46.) 
 
 PERSON. Qualification of a person to be a senator in Congress ... 1 3 3 24, 7T 
 
 Person defined and criticised. Is masculine, notes 16, 
 35,46. 
 
 PERSON. No person shall be convicted on an impeachment with 
 out the concurrence of two-thirds of the senators present- 1 3 6 2 5, 81 
 
 PERSON. No person holding any office under the United States 
 shall be a member of either house during his continuance 
 
 in office 1 6 2 27,90 
 
 The reason and effects of such disqualification defined 
 and discussed, notes 25, 62, 63, 150, 151. 
 
 PERSON. No person holding any office of profit or trust under the 
 United States, shall, without the consent of the Congress, 
 accept of any present, emolument, office, or title, of any 
 kind whatever, from any king, prince, or foreign State ... 198 31,152 
 
 This inhibition extends to none but office-holders, 
 n. 151. 
 
 PERSON. No person, holding an office of trust or profit under the 
 United States, shall be appointed an elector of President 
 and Vice-President 212 32,164 
 
 PERSON. Eligibility of a person to be President or Vice-Presi 
 dent of the United States. (See Eligibility.) 2 1 4 34, 167 
 
 PERSON. No person shall be convicted of treason unless on the 
 testimony of two witnesses to the same overt act, or on 
 confession in open court 381 38,211 
 
 PERSON. No attainder of treason shall work corruption of blood 
 
 or forfeiture except during the life of the person attainted. 832 38, 213 
 
 This extends to every manner of person, n. 223. The 
 definition is only limited by other requirements of the 
 clause, notes 223, 224. 
 
 PERSON. A person charged in any State with treason, felony, or 
 other crime, who ahall flee from justice and be found in 
 another State, Phall, on demand of the executive autho 
 rity of the State from which he fled, be delivered up, to 
 
 be removed to the State having jurisdiction of the crime. 422 88,229 
 Person defined to mean every person, n. 253. 
 
 PEKSOX. No person held to service or labor in one State, under 
 the laws thereof, escaping into another, shall, in conse 
 quence of any law or regulation therein, be discharged 
 from such service or labor, but shall be delivered up on 
 claim of the party to whom such service or labor may bo 
 
 due 428 39,233 
 
 Person is limited in practice to slaves and apprentices, 
 notes 236, 237. 
 
 PKRSON. No person shall be held to answer for a capital or other 
 wise infamous crime, unless on a presentment or indict 
 ment of a grand jury, except in cases arising in the land * 
 or naval forces, or in the militia when in actual service in 
 time of war or public danger; nor shall any person be 
 subject, for the same offense, to be twice put in jeopardy 
 of life or limb ; nor ahall be compelled, in any criminal 
 case, to be a witness against himself; nor be deprived of 
 life, liberty, or property, without due process of law; nor 
 phall private property be taken for public use without just 
 compensation. Amendments 5 44,258 
 
366 INDEX. 
 
 Art. sec. cl. pp. 
 
 Person here embraces both sexes, notes 170, 251-256. 
 
 Practically the slaves and people of color were excluded. 
 
 n. 25:1 The other phrases defined and discussed, notes 
 
 253-263. 
 
 PERSONAL. The disability of an alien to maintain a real action 
 
 is personal, n. 210, p. 204. 
 
 PERSONAL privilege. The, privilege of the writ of habeas corpus 
 shall not be suspended, unless when, in cases of rebellion 
 
 or invasion, the public safety may require it 1 9 2 SO, 140 
 
 The power to issue the writ is not the privilege; to ask 
 for it is, n. 140. See note 221. 
 
 PKUSONS. There are many who believe that the fourteenth amend 
 ment has been ratified, n. 275, p. 281. The military dis 
 trict commander to protect persons and property in the 
 rebel States, n. 276, p. 282, 3. All persons put under 
 military arrest shall be triid, &c. Id. 4. To vote with 
 out distinction of race or color, Id. p. 28o, 5. The persons 
 appointed to superintend the election, Id. p. 284, 3. To 
 ascertain the persons elected delegates, Id. p. 285, 4. 
 The constitutions to be ratified by a majority of the per 
 sons registered, Id. 4. The commanding generals to 
 remove any persons who oppose reconstruction, n. 276, 
 p. 286. 2, 3. The acts of the officers in removing persons 
 ratified, n. 276, p. 287, 4. To remove all persons who are 
 disloyal or who oppose reconstruction, Id. 4. The boards 
 of registration to ascertain the qualifications of persons to 
 vote, Id. 5. No person disqualified as a member of a 
 board on account of race or color, Id. All persons who 
 have held civil offices disqualified, n. 276, pp. 287, 288, 6. 
 The registrations to be corrected as to persons qualified 
 and disqualified, Id. 7. All persons, &c., requjivd to 
 take the oath of office. Id. 9. The persons in the second 
 section of the fourteenth amendment applied to free per 
 sons of color, n. 277. Nearly four and a half million of 
 these, n. 277, p. 289. Probably one hundred thousand per 
 sons were excluded under these acts, n. 278. The second 
 section of the fourteenth amendment more clearly defines 
 who of the persons, now citizens, shall be counted in the 
 basis of representation, n. 2SO. There are persons who 
 claim the power in Congress to prescribe a rule of sulfrage, 
 notes 18, 41, 280, n. 274, p. 275. Women, minors, and per 
 sons non comjwH mentis are citizens, n. 274, p. 275. (See 
 Citizen.) Estimate of the loss of persons by the civil 
 war, n. 278. The President s views as to the persons who 
 cannot take the official oath, n. 284. The effect of the 
 fourteenth amendment upon such persons, n. 285. The 
 issues in regard to persons stated, Id. p. 293. 
 PERSONS or people of the United States ordain and establish this 
 
 Constitution. Preamble 22,53 
 
 PERSONS or people of the several States choose members of House 
 
 of Representatives every second year 121 22,56 
 
 PEKSONH or people to be enumerated every ten years, in such man 
 ner as Congress may by law direct 123 23,167 
 
 (Sect the result of these enumerations, n. 24.) 
 
 PERSONS constituting representative numbers to be embraced in 
 census are. all free persons, those bound for a term of 
 yea s, Indians taxed, and three-fifths of all other persons, 
 
 (slaves) 123 23, CT 
 
 This means all except two-fifths of the slave* ar.d the 
 Indian tribes, n. 24, p. 68. Who to be excluded unless 
 they be allowed to vote, n. 280. 
 
 PfeMom convicted on an impeachment shall, nevertheless, be 
 liable and subject to indictment, trial, judgment, and 
 
 punishment 1 3 7 25,82 
 
 (See Impede/intent, notes 39, 40, 194.) 
 
 PERSONS. When the yeas and nays are ordered, the names of per 
 sons (members) voting shall be entered on the journal... . 172 27,91 
 The migration or importation of persons (slaves) shall 
 
INDEX. 
 
 367 
 
 Art. sec. cL pp. 
 
 not be prohibited prior to 1SO&, but a tax or duty may be 
 imposed on such importation not exceeding ten dollars for 
 
 eaehpcrson 1 9 1 30,140 
 
 " Persons 1 here relates to imported Africans, n. 139. 
 PERSONS voted for as President and Vice-President to be named 
 
 in the ballots. Amendments 12 1 46,164 
 
 PINCKNEY. CHARLES, of South Carolina. Signed the Constitution, 
 
 pp. 4 2, 252. 
 PIXCKNKY, CHARLES COTESWORTH, of South Carolina. Signed the 
 
 Constitution, pp. 42, 252. 
 
 PIRACIES. Congress shall have power to define and punish piracies 
 and felonies committed on the high seas, and offenses 
 
 against the law of nations 1 8 10 29,124 
 
 " Piracy " and " pirate " defined, n. 112. The punish 
 ment is death, n. 111. Offenses and law of nations defined 
 and discussed, notes, 115, 116. 
 
 POINPKXTER, GEO. Presiding officer of the Senate, n. 88, p. SO. 
 POLK, JAMES K. Speaker of the House of Representatives, n. 26. 
 
 President, n. 166. 
 
 PORTS. No preference shall be given, by any regulation of com 
 merce or revenue, to the ports of one State over those ot 
 another: nor sh:ill vessels bound to or from one State, be 
 
 obliged to enter, clear, or pay duties in another 1 9 6 31, 150 
 
 (See Preference, n. 146 ; Vexttls, n. 148.) 
 
 POSTERITY. The Constitution established in order to secure the 
 blessings of liberty to ourselves and to our posterity. 
 
 Preamble 22, 55 
 
 POST-OFFICES and post-roads. Congress shall have power to es 
 tablish post-offices and past-roads 187 25,119 
 
 Post-offices defined, and history of, n. 105. Post-roads 
 defined, and length of, n. 106. 
 POWER of Impeachment. The House of Representatives shall 
 
 have the sole power of impeachment 1 2 5 23,72 
 
 (See Impeachment, notes 26, 39, 40, 191-194.) 
 
 POWER. Congress shall have power. (See Congress.) 1 8 2R,94 
 
 This power defined and compared with other sections 
 and clauses, n. 71. 
 
 POWER. The Senate shall have the sole power to try all impeach 
 ments 136 25,8* 
 
 POWER. The executive power shall be vested in a President of 
 
 the United States of America 2 1 1 32,162 
 
 The executive power defined, and distinguished from, 
 
 what is merely ministerial, n. 165. Why lodged in one 
 
 head. Id. List of the Presidents and dates of service, n. 166. 
 
 POWER. The President shall have power to grant reprieves and 
 
 pardons for offenses against the United States, except in 
 
 cases of impeachment 221 35,171 
 
 When this power may be exescised, n. 177, p. 172. It is 
 unlimited, and b.-yond the control of Congress as to its 
 effect, n. 177. p. 173. Reprieves and pardons defined and 
 discussed, notes 176, 177. 
 
 POWER. The power ol the President in making treaties, appoint 
 ments, &c. (See President) 222 35,174 
 
 This subject, discussed, notes 179-184. 
 
 POWER. (See Judicial, Power.) 321 37,194 
 
 Judicial power contradistinguished from legislative 
 and executive ; defined and why created ; does not ex 
 tend to all questions, only to cases. This explained, 
 notes 195, 199. 
 
 POWER. The judicial power of the United States shall not be con 
 strued to extend to any suit, in law or equity, com 
 menced or prosi-cuted against one of the United States by 
 citizens <t another State, or by citizens or subjects of any 
 
 foreign State. Amendments 11 46,269 
 
 What this amends, and the effect thereof, notes 205a, 
 268. 
 
 POWERS herein granted vested in Congress. All legislative 1 1 22,68 
 
 (See LeyitilaUve Power, n. 56 ; Congress, n, 15.) 
 
368 INDEX. 
 
 Art. sec. cL pp. 
 
 POWERS. Congress shall have power to make all laws which shall 
 be necessary and proper for carrying into execution the 
 fort-going powers, and all other powers vested by this 
 Constitution in the sroverntnent of the United States, or 
 
 any department or officer thereof 1 8 IS 80,138 
 
 (See Conr/retSi notes 123, 274.) 
 
 POWERS. In case of the. inability of the President to discharge 
 the powers and duties of the office, the same shall devolve 
 
 on the Vice- President 216 84,169 
 
 The Yice-Presidents who have thus succeeded to the 
 Presidency, n. 172, p. 170. 
 
 POWERS. The powers not delegated to the United States by the 
 Constitution, nor prohibited by it to the States, are re 
 served to the States respectively, or to the people. 
 
 Amendments 10 45,269 
 
 The powers defined. "Delegated 1 defined. Expressly 
 delegated" not meant, n. 269. 
 
 PREFERENCE regarding ports of States. No preference shall be 
 given by any regulation of commerce or revenue to the 
 ports of one State over those of another; nor shall ves 
 sels bound to or from one State be obliged to enter, clear, 
 
 or pay duties in another 1 9 6 81,150 
 
 u Preference " defined, n. 149. The other terms defined, 
 notes 146. 147, 148. 
 
 PREJUDICE of claims. Nothing in this Constitution shall be so 
 construed as to prejudice any claims of the United States, 
 
 or of any particular State 4 3 2 89,238 
 
 This was not to exclude the claim of any State to its 
 public land, n. 222, p. 242. 
 
 PRESENT. No person shall oe convicted on an impeachment with 
 out the concurrence of two-thirds of the senators present. 186 25, 81 
 
 PRESENT. The yeas and nays of the members of either bouse on 
 any question shall, at the desire of one-fifth of those 
 present, be entered on the journal 1 5 8 26, 87 
 
 PRESENT. No title of nobility shall be granted by the United 
 States; and no person holding any office of profit or trust 
 under them, shall, without the consent of the Congress, 
 accept of any present, emolument, office, or title, of any 
 kind whatever, from any king, prince, or foreign State. .. 198 81,152 
 
 The prohibition does not extend to private citizens, 
 n. 151, p. 153. 
 
 PKESMTTED. Every bill, order, resolution, or vote, to which the 
 concurrence of the Senate and House of Representatives 
 may be necessary, &c., shall be presented to the Presi 
 dent ( 1 7 2 27,91 
 
 (See Bill, notes 66, 69.) (1 7 8 27,98 
 
 PRESENTMENT of a grand jury. No person shall be held to answer 
 for a capital or otherwise intamous crime, unless on a pre 
 sentment or indictment of a grand jury, except in cases 
 arising in the land or naval forces, or in the miljtia when 
 in actual service in time of war or public danger. Amend 
 ments 5 4-1, 258 
 
 " Presentment," " Indictment," and " Grand Jury," 
 defined, n. 258. 
 
 PUKSERVE the Constitution. The President of the United States 
 shall take an oath or affirmation, to preserve, protect, and 
 
 defend the Constitution 2 1 85,170 
 
 The President is the only officer required to take this 
 oath, n. 174. 
 
 PI-KSIDENT of the Senate. (See Senate of the United States.) 
 (See Senate of the United States.) 
 Pro tempore " defined, n. 88. List of the presiding 
 officers of the Senate, pp. 78-81. 
 
 PRESIDENT of the United States. The Senate shall choose a Presi 
 dent pro tempore when the Vice-President shall act as. . . 1 3 5 24, 78 
 
 PRESIDENT of the United States is tried by the Senate on an im 
 peachment The chief-justice shaft preside, when the 186 25,81 
 
 PRESIDENT of the United States. Every bill which shall have 
 
INDEX. 
 
 369 
 
 passed the House of Representatives and the Senate, 
 shall, before it become a law, be presented to the Presi 
 dent of the United States; if he approve he shall sign it, 
 if not, he shall return it, with his objections, to that 
 house in which it shall have originated, who shall enter 
 the objections at large on their journal, and proceed to 
 reconsider it (See Bill.) ............................... 1 
 
 See the veto power discussed, n. 67. 
 
 PKEBIDENT of the United States. If any bill shall not be returned 
 by the President within ten days (Sundays excepted) after 
 it shall have been presented to him, the same shall be a 
 law, in like manner as if he had signed it, unless the 
 Congress, by their adjournment, prevent its return ; in 
 which case it shall not be a law. (See Bill.) ............. 1 
 
 The President should receive the bill ten entire days 
 before the adjournment, n. 69. 
 
 PRESIDENT of the United States. Every order, resolution, or 
 vote, to which the concurrence of the Senate and House 
 of Representatives may be necessary (except on a ques 
 tion of adjournment), shall be presented to the President 
 of the United States, and, before the same sliall take effect, 
 shall be approved by him; or. being disapproved by him, 
 shall be repassed by two-thirds of the Senate and House 
 of Representatives. (See Resolution.) .................. 1 
 
 When a joint resolution becomes a law, n. 70. 
 PRESIDENT of the United States. The executive power shall be 
 vested in a President of the United States of America. 
 He shall hold his office during the term of four years, and, 
 together with the Vice-President, chosen for the same 
 term, be elected as follows .............................. 2 
 
 Electors appointed. Each State shall appoint, in such 
 manner as the legislature thereof may direct, a number 
 of electors equal to the whole number of senators and 
 representatives to which the State may be entitled in the 
 Congress; but no senator or representative, or person 
 holding an office of trust or profit under the United States, 
 shall be appointed an elector ............................ 2 
 
 The mode of choosing electors, n. 167. 
 
 Electors proceedings. The electors shall meet in their 
 respective States and vote by ballot for President and 
 Vice-President, one of whom, at least, shall not be an in 
 habitant of the same State with themselves. They shall 
 name in their ballots the person voted for as President, 
 and, in distinct ballots, the person voted for as Vice- 
 President; and they shall make distinct lists of all 
 persons voted for as President, and of all persons voted for 
 s Vice-President, and of the number of votes for each, 
 
 Art. sec. cL. 
 
 which lists they shall sign and certify, and transmit sealed 
 to the seat of the government of the United States, 
 
 12 
 
 directed to the President of the Senate. Amendments.. 
 
 The Constitution before amendment, n. 168. The acts 
 of Congress about the election. 
 
 Electoral votes opened and counted. The President of 
 the Senate shall, in presence of the Senate and House of 
 Representatives, open all the certificates, and the votes 
 shall then be counted; the person having the greatest 
 number of votes for President shall be the President, if 
 such number be a majority of the whole number of elec 
 tors appointed. Amendments ........................... 12 
 
 Election by House of Representatives. And if no per 
 son have such majority, then from the persons having the 
 highest numbers, not exceedins three, on the list of those 
 voted for as President, the House of Representatives shall 
 choose, immediately, by ballot, the President. But, in 
 choosing the President, the votes shall be taken by States, 
 the representation from each State having one vote : a 
 quorum for this purpose shall consist of a member or 
 members from two-thirds of the States, and a majority of 
 
 16* 
 
 pp. 
 
 27,19 
 
 27,91 
 
 27. 
 
 32, 1C2 
 
 32,164 
 
 1 46, IG4 
 
 40,165 
 
370 INDEX. 
 
 Art. BCC. cl. pp. 
 
 all the States shall be necessary to a choice. Amend 
 ments 12 1 47,168 
 
 Election fulling, the Vice-President shall act. And if 
 
 the House of Representatives shall not choose a President, 
 
 whenever the right of choice t^nall devolve upon them, 
 
 before the fourth of March next following, then the Vice- 
 President shall act as President, as in the case of the 
 
 death or other constitutional disability of the President. 
 
 Amendments 
 
 PRESIDENT of the United States. No person except a natural born 12 1 47,165 
 
 citizen, or a citizen of the United States at the time of the 
 
 adoption of this Constitution, shall be eligible to the office 
 
 of President; neither shall any person be eligible to the 
 
 office who shall not have attained to the age of 35 years, 
 
 and been fourteen years a resident within the United States. 214 34,167 
 The several qualifications defined and discussed, notes 
 
 169, 170, 171. 
 PRESIDENT of the United States. In case of the removal of the 
 
 President from office, or of his death, resignation, or in 
 ability to discharge the powers and duties of the said office, 
 
 the same shall devolve on the Vice-President ; and the 
 
 Congress may, by law, provide for the case of removal. 
 
 death, resignation, or inability, both of the President and 
 
 Vice-President, declaring what officer shall then act as 
 
 President, and such officer shall act accordingly, until tho 
 
 disability be removed, or a President shall be elected ... 2 1 5 84, 169 
 The acts of Congress for filling vacancies, n. 172, 8, 9. 
 
 A list of the Vice-Presidents who have become Presi 
 dents, n. 172, p. 170. 
 PRESIDENT of the United States. The President shall, at stated 
 
 times, receive for his services a compensation, which shall 
 
 neither be increased nor diminished during the period for 
 
 which he shall have been elected, and he shall not receive 
 
 within that period any other emolument from the United 
 
 States, or any of them 216 84,170 
 
 The amount, of salary, n. 178. 
 
 PHESIDENT of the United States. Before he enter on the exe 
 cution of his office, he shall take the following oath or af 
 firmation : "I do solemnly swear (or affirm) that I will 
 
 faithfully execute the office of President of the United * 
 
 Slates, and will, to the best of my ability, preserve, pro 
 tect, and defend the Constitution of the United States.".. 217 85,170 
 The only officer required to take this oath; what it 
 
 embraces, n. 174, 
 PUESIDKN r of the United States. The President shall be com- 
 
 m.inder-in-chief of the army and navy of the United 
 
 Stall s, and of the militia of the several States when 
 
 called into the actual service of the United States; he may 
 
 require the opinion, in writing, of the principal officer in 
 
 each of the executive departments, upon any subject re- 
 
 laiinir to the duties of their respective offices; and ho 
 
 phall have power to grant reprieves and pardons for 
 
 offenses against the United States, except in cases of im 
 peachment 2 2 1 35,171 
 
 Need not command in person. Extent of his powers, 
 
 n.175. The practice as to opinions. Respecting depart 
 ments, n. 176. "Reprieves" defined, n. 177. "Pardons" 
 
 defined and discussed. (See Pardon, n. 77.) 
 PRESIDENT of the United States. He shall have power, by and 
 
 with the advice and consent of the Senate, to mnko 
 
 treaties, provided two-thirds of the senators present con- 
 
 cur; and he .shall nominate, and, hy and with the advico 
 
 and consent of the Senate, shrill appoint ambassadors. 
 
 other public ministers, and consuls, judges of the Supreme 
 
 Court, iind all other officers of the United States, whose 
 
 appointments are not herein otherwise provided for, and 
 
 which shall be established by law ; but the Congress may 
 
 by law vest the appointment of such inferior officers, aa 
 
INDEX. 
 
 371 
 
 Art. sec, cl. pp. 
 
 they think proper, in the President alone, in the courts of 
 
 law", or in the heads of departments 222 85,174 
 
 This advice, how given, n. 178. " Treaties " defined, Id. 
 
 p. 175. "Nominate" and "appoint" defined, n. 179. 
 
 "Ambassadors," defined, notes 180, 181. The effect of 
 
 these laws, n. 182. Power of removal, n. 184. The tenure of 
 
 office bill, n. 184, p. 179. (See Civil Office.} 
 PRESIDENT of the United States. The President shall have power 
 
 to fill up all vacancies that may happen during the recess 
 
 of the Senate, by granting commissions which shall 
 
 expire at the end of their next session 2 2 
 
 This power defined and discussed, notes 185, 186. 
 PRESIDENT of the United States. He shall, from time to time 
 
 give to the Congress information of the state of the Union^ 
 
 and recommend to their consideration such measures as 
 
 he shall judge necessary and expedient; he may, on extra 
 ordinary occasions, convene both houses, or either of 
 
 them, and, in case of disagreement between them, with 
 
 respect to the time of adjournment, he may adjourn them 
 
 to such time as he shall think proper; he shall receive 
 
 ambassadors and other public ministers ; he shall take 
 
 care that the laws be faithfully executed, and shall com 
 mission all the officers of the United States 2 2 
 
 Mode of giving information, n. 187. Extra sessions, 
 
 n. i88. Extent of the power to take care, n. 189. The 
 
 power to commission, n. 190. 
 PRESIDENT of the United States. The President, Vice-President, 
 
 and all civil officers of the United States, shall be removed 
 
 from office on impeachment for, ar.d conviction of, treason, 
 
 bribery, or other high crimes and misdemeanors , . 2 4 
 
 History of the effort to impeach President Johnson, 
 
 n. 194. Cannot be impeached for political offenses merely, 
 
 n. 194, pp. 187-189. President to assign district commanders 
 
 in the rebel States, n. 286, p. 282. 2. No execution with 
 out the approval of, Id. 3. Law passed over the Presi 
 dent s veto, p. 283. Copies of Constitutions to be sent to 
 
 the President, p. 285, 5. 
 PRESS. Congress shall make no law abridging the freedom of 
 
 speech and of the press. Amendments 1 
 
 Freedom defined, n. 246. Extent of the freedom of the 
 
 press, n. 247. 
 
 PIJET ENDED authority. Test oath in regard to it, n. 242, p. 251. 
 PRINCE. No person holding any office of profit or trust under the 
 
 United States, shall, without the consent of the Congress, 
 
 accept of any present, emolument, office, or title, of any 
 
 kind whatever, from any king, prince, or foreign State... 198 81,152 
 "OHice" defined, n. 151. The inhibition does not 
 
 extend to private citi zens, n. 151, p. 153. 
 PRINCIPAL officer. The President may require the opinion, in. 
 
 writing, of the principal officer in each of the executive 
 
 departments 2 2 
 
 These principal officers are now the Secretaries of State, 
 
 War, Navy, Interior, Treasury, the Postmaster-General, 
 
 and Attorney-General, n. 176. 
 PRIVATE property. Nor shall private property be taken for public 
 
 use, without just compensation. Amendments 5 
 
 Private property defined. It includes all private 
 
 property. It limits the general government, not the 
 
 States. It is a great principle of universal application. 
 
 Public use defined, n. 258. The compensation must not be 
 
 doubtful, n. 59. The questions how considered. The 
 
 actual occupjint of the public lands is entitled to compen 
 sation, n. 59. Any destruction of property is included, n. 259. 
 PRIVILEGE of the writ of habeas corpus shall not be suspended, 
 
 unless when, in cases of rebellion or invasion, the public 
 
 safety may require it 1 9 2 80,140 
 
 " Privilege " critically defined, notes 140, 220. It is the 
 
 right to ask for the writ, not to grant it, n. 140. 
 
 86,183 
 
 86,185 
 
 43,254 
 
 85,171 
 
 44,258 
 
372 
 
 INDEX. 
 
 PRIVILEGED order would destroy our form of government, n. 150. 
 
 PRIVILEGED. Senators and representatives shall, in all cases, 
 except treason, felony, and bn-aeh of the peace, be privi 
 leged from arrest during their attendance at the session of 
 tlu ir respective houses, and in going to and returning 
 from the same ................... . ..................... 1 
 
 Privilege defined and discussed, n. 3. It is the privilege 
 of the house also, n. 55. It extends not only to arrests, 
 but the service of civil summons, n. 5S. When it com 
 mences, n. 69. To whom it extends, n. 60. And for how 
 long, n. 57. 
 
 PRIVILEGES and immunities. The citizens of each State shall bo 
 entitled to all the privileges and immunities of citizens 
 in the several States ................................... 4 
 
 (See Citizen*, n. 220.) 
 
 Privileges and immunities defined and discussed, n. 221. 
 They are in their nature fundamental, n. 221, p. 226. 
 Copied from the Articles of Confederation, Art. IV. p. 10. 
 The extent of the guaranty, n. 221, p. 226. Powers of 
 the State over the subject, Id and n. 274. The exact ex 
 tent defined, n. 222. The citizen cannot carry repugnant 
 laws into a State, n. 222, p. 229. 
 
 PROCEEDINGS. Each house may determine the rules of its pro 
 
 ceedings ............................................... 1 
 
 PROCEEDINGS. Each house shall keep a journal of its proceedings. 1 
 The object of the journal, n. 50. 
 
 PROCEEDINGS. Credit, proof, and effect of judicial proceedings of 
 
 States .................................................. 4 
 
 Judicial proceedings defined, n. 218. The effect of judg 
 ments. (See Judgment, notes 21S, 219.) 
 
 PBOCESS of law. Nor shall any person be deprived of life, liberty, 
 
 or property, without due process of law. Amendments.. 5 
 
 Due process of law defined, n. 257. Copied from 
 Mayna Charta, Id. The clause is a restraint upon every 
 
 sec. cl. 
 
 department of the government, n. 257, p. 261. 
 
 I 
 
 ls 
 Amendments 
 
 PROCESS. In all criminal prosecutions the accused to have com 
 pulsory process for obtaining M itnesses in his favor. 
 
 Compulsory process defined, n. 261. 
 
 PROCLAMATION. President Lincoln s, of April, 1SG1, in regard to 
 the war and blockade, n. 117. Suspending the writ of 
 iKtbett* corpus, n. 141, p. 143. Proclaiming martial law, 
 Id. Declaring freedom to the slaves, n. 274, p. 278. 
 The effect of the emancipation proclamation upon notea 
 given for slaves, Id. When it took elfoct. as to the slaves, 
 Id. The proclamation of the Queen of England acknowl 
 edging the Confederates as belligerents, n 117. Of Presi 
 dent Johnson as to the stutim of the Southern States, 
 notes 46, 274, 275, pp. 281, 282. Of William II. Seward, on 
 the 13th amendment, n. 274, p. 282. Proclamations ad 
 mitting new States, n. 230, p. 237. 
 
 PBOFIT. Judgment, in cases of impeachment, shall not extend 
 farther than to removal from office, and disqualification to 
 hold and enjoy any office of honor, trust, or profit under 
 the United States ..................................... 1 
 
 This clause defined, n. 40. 
 
 PROFIT. No person holding an office of trust or profit under the 
 
 United States, shall be appointed an elector ....... . ____ 2 
 
 PKOUIBITKD powers. The powers not delegated to the United 
 States by the Constitution, nor prohibited by it to the 
 States, are reserved to the States respectively, or to the 
 people. Amendments ......... ........................ 10 
 
 This prohibition discussed and compared with others, 
 notes 71, 138, 269, 274. 
 
 PROMOTE the general welfare. The Constitution established in 
 
 order to promote the general welfare, &c. Preamble ..... 
 
 This object defined, n. 11. Excluded from the Confede 
 
 rate States C >nsutution, n. 5. Discussed oa a power, n. 80. 
 
 pp. 
 
 26,88 
 
 26,87 
 38,213 
 
 44,253 
 44,263 
 
 25,82 
 82,162 
 
 45, 269 
 22,68 
 
IKDEX. 
 
 373 
 
 PROOF. Congress may, by general laws, prescribe the manner in 
 which the acts, records, and judicial proceedings of States 
 
 shall be proved, and the effect thereof 4 
 
 The acts prescribed upon the subject, n. 219, pp. 218, 
 221, 222. Judicial proceedings proved by the attestation 
 of the clerk and certificate of the judge ; legislative acts 
 by the seal of the State, n. 219, p. 218. The effect dis 
 cussed, n. 219. What the judge must certify, n. 219, 
 p. 219. The validity and effect denned, n. 219, p. 220. lie 
 cords not judicial, how proved, n. 219, p. 221, 1. Law 
 extended to the territories, n. 219, p. 222, 2. 
 
 PROPERTY of the United States. The Congress shall have powei 
 to dispose of and make all needful rules and regulations 
 respectinff the territory, or other property belonging to 
 
 the United States 4 
 
 Territory means property, n. 231, p. 238. Subject dis 
 cussed, Id. lielated to the territory then of the United 
 States, n. 231, p. 239. The Confederate States Constitu 
 tion on the subject, n. 2=31, pp. 240, 241, 2, 3. Property 
 defined, n. 232. Effect of the acquisition of territory 
 upon the. inhabitants, n. 232. 
 
 PROPERTY or effects. The right of the people to be secure in their 
 effects against unreasonable searches or seizures shall not 
 be violated. Amendments 4 
 
 PROPERTY. Nor shall any person be deprived of life, liberty, or 
 
 property, without due process of law. Amendments 5 
 
 (See Process of Law, n. 257.) 
 
 PROPERTY. Nor shall private property be taken for public use 
 
 without just compensation. Amendments 5 
 
 Private property defined, n. 258. Uelates to all property ; 
 copied from Mayn<i Chavta, n. 258. Public use defined, Id. 
 p. 262. (See Ju#t Compensation, n. 259.) 
 
 PROPOSK amendments. The Congress, whenever two-thirds of 
 both houses shall deem it necessary, shall propose amend 
 ments to this Constitution, or, on the application of the 
 legislatures of two- thirds of the several States, shall call 
 
 a convention for proposing amendments, <fcc 5 
 
 All the amendments have been proposed to the legis 
 latures, n. 236. 
 
 PROSECUTED. The judicial power of the United States shall not 
 be construed to extend to any suit in law or equity, com 
 menced or prosecuted against one of the United States by 
 citizens of another State, or by citizens or subjects of any 
 
 foreign State. Amendments 11 
 
 The object of this amendment, notes. 270, 271, 272. 
 
 PROSECUTIONS. Criminal prosecutions against persons. (See 
 
 Criminal.) Amendments . , 6 
 
 See the subject discussed, notes 260-262. 
 
 PROTECT the Constitution. The President of the United States 
 shall take an oath or affirmation to preserve, protect, and 
 
 defend the Constitution 2 
 
 This constitutes him emphatically the protector of the 
 Constitution, n. 174. Protect is not in the test oath, 
 U. 242, p. 252. 
 
 PROTECT. The United States shall protect each State against in 
 vasion 4 
 
 Invasion defined, notes 133, 234. 
 
 PROTECTOR. The President is the protector, guardian, and defender 
 of the Constitution, n. 174. 
 
 PUOVIDK for the common defense. The Constitution established 
 in order to provide for the common defense, kc. Pre 
 amble 
 
 Common defense defined, n. 10. Omitted in the Confed 
 erate States Constitution, n. 5. Discussed as a power, n. 79. 
 
 PUBLIC acts, records, and judicial proceedings of States, to have 
 
 full faith and credit, &c 4 
 
 Public acts, records, and judicial proceedings defined, 
 n.218. (See Judgments.) 
 
 Art. sec. cl. 
 
 pp. 
 
 33,213 
 
 3 2 
 
 29, 238 
 
 44,257 
 44, 253 
 
 44, 25S 
 
 40, 246 
 
 46,269 
 44,263 
 
 85,170 
 
 22,53 
 83, 213 
 
374 
 
 Art. sec. cl. 
 
 PUBLIC danger. No State shall, without the consent of Congress, 
 ensure in war, unless actually invaded, or in such immi 
 nent danger as will not admit of delay . 1 10 8 
 
 See notes 162-164. 
 
 PUBUC danger. (See War.) Amendments 5 
 
 PUBLIC debt of the United States from the foundation of the gov 
 ernment, n. 78, pp. 97-100. 
 
 PUBLIC debt. The validity of the, of the United States author 
 ized by law, including debts incurred for payment of pen 
 sions and bounties for services in suppressing insurrection 
 
 or rebellion, shail not be questioned. Amendments 14 4 
 
 This clause discussed, n. 282. 
 
 PUBLIC ministers. (See. Appointments Ambassadors. ) 222 
 
 (See Ambassadors. Public Ministers, and Consuls 
 denned, n. 188.) 
 
 PUBLIC ministers. The President shall receive ambassadors and 
 
 other public ministers 2 3 
 
 PUBLIC money. (See Money.) 197 
 
 PUBLIC safety. The privilege of the writ of Jiabeas corpus shall 
 not be suspended, unless when, in cases of rebellion or 
 
 invasion, the public safety may require it 1 9 2 
 
 (See Habeas Corpus, notes 140, 141, pp. 141-146.) When 
 the President need not obey a writ of habeas corpus, 
 n. 165. 
 
 PUBLIC securities. All debts of the United States may be o 
 called, n. 84. 
 
 PUBLIC trust. No religious test shall ever be required as a quali 
 fication to any office or public trust under the United 
 Slates 6 3 
 
 PUBLIC use. Nor shall private property be taken for public use 
 
 without just compensation. Amendments 5 
 
 "Public use" defined, n. 258, p. -.62. (See" TV-irate 
 Property" n. 258.) "Just Compensation " defined.n. 259. 
 The compensation must be in money constitutional cur 
 rency, n. 259. 
 
 PUBLISH. The journal of each house shall be published from 
 lime to time, except such parts as may in their judgment 
 
 require secrecy 158 
 
 (See Journal.) 
 
 PUBLISHED. A regular statement and account of the receipts and 
 expenditures of all public money shall be published from 
 
 time to time , 197 
 
 (See Accounts.) 
 
 PUNISH. Kach house of Congress may punish its members for 
 
 disorderly behavior 152 
 
 The power to punish defined and discussed, n. 48. May 
 extend to others besides members. Sam Houston punished, 
 n. 48. Commanding generals to punish disturbers of the 
 peace and public criminals, n. 276, p. 282, 4. 
 
 PUNISIIMKNT. Persons convicted on an impeachment shall, never 
 theless, be liable and subject to indictment, trial, judg 
 ment, arid punishment, according to law 137 
 
 PUNISHMENT. Congress shall have power to provide for the pun 
 ishment of counterfeiting the securities and current coin 
 
 of the United States 1 8 6 
 
 Counterfeiting defined, n. 103. Claimed as an exclusive 
 power in Congress, n. 103. 
 
 PirNisiiMKNT. The Congress shall have power to declare the pun 
 ishment of treason 332 
 
 The acts of Congress upon the subject, n. 217. 
 
 PUNISHMENT*. Excessive bail shall not be required, nor excessive 
 fines imposed, nor cruel and unusual punishments inflicted. 
 
 Amendments 8 
 
 DislVanchisement is not a cruel punishment, n. 266; nor 
 fine and imprisonment fora misdemeanor, Id. Cruel and 
 umiMi.-il not t< be inflicted under the reconstruction laws, 
 n. 276, p. 282, 4. Sentence of death not to be inflicted 
 without tho approval of the President, Id. 
 
 pp. 
 
 82, 161 
 
 44, 253 
 
 40, 280 
 85, 174 
 
 86,153 
 81, 152 
 
 80, 140 
 
 41,250 
 44, 253 
 
 26,87 
 
 81,151 
 
 26,86 
 
 25, 82 
 29,118 
 
 88, 213 
 
 45, 267 
 
INDEX. 
 
 375 
 
 Art. sec. cl. pp. 
 
 QjAf-iFiCATroNs of a representative In Congress shall be 25 years 
 of age, seven years a citizen of the United States, and 
 
 when elected an inhabitant of the State he represents 1 2 2 23, 66 
 
 States cannot superadd qualifications, u. 19. Precedents 
 in regard to them, Id. 
 
 QUALIFICATIONS of a senator in Congress shall be 30 years of age, 
 nine years a citizen of the United States, and when elected 
 
 an inhabitant of the State he represents 188 24,77 
 
 QUALIFICATIONS to office. The senators and representatives be 
 fore mentioned, and the members of the several State 
 legislatures, and all executive and judicial officers, both of 
 the United States and of the several States, shall be bound 
 by oath or affirmation to support this Constitution ; but 
 no religious test shall ever be required as a qualification to 
 
 any office or public trust under the United States 6 8 40. 250 
 
 See notes 242, 245. 
 QUALIFICATIONS of delegates in the reconstruction conventions, 
 
 n. 276, p. 2S3, 5. 
 
 QUALIFICATIONS for electors of representatives in Congress the 
 same as for electors of the most numerous branch of the 
 
 State, legislature. 121 22,56 
 
 QUALIFICATIONS of its own members. Each house of Congress 
 shall be the judge of the elections, returns, and qualifi 
 cations of its own members 1 5 1 25,84 
 
 Qualifications of senators and representatives discussed 
 and criticised, n. 46. The issues between the President 
 and Congress, upon the subject, n. 46. Of voters defined, 
 n. 16, p. 59. In every State of the Union alphabetically 
 arranged n. 17, pp. 60-65. Citizenship not necessary, n. 18, 
 p. 65. Of voters on the reconstruction laws, n. 276, p. 233, 
 5. Supplementary act, p. 287, 6. 
 
 QUALIFICATIONS of President United States. No person except a 
 natural born citizen, or a citizen of the United States at 
 the time of the adoption of this Constitution, shall be eli 
 gible to the office of President; neither shall any person 
 be eligible to that office who shall not, have attained to the 
 a</e of 35 vears, and been fourteen years a reside nt within 
 
 the United States 214 34,167 
 
 (See President, n. 109.) 
 QUALIFI .ATIONS of Vice-President the same as that of President 
 
 of the United States. Amendments 12 3 47,166 
 
 v^oAKTEKiu). No soldier shall, in time of peace, be quartered in 
 any house without the consent of the owner ; nor in time 
 of war, but in a manner to be prescribed by law. Amend 
 ments 3 44,256 
 
 Quartered defined, n. 250, p. 257. The owner defined, 
 Id. The Declaration of Independence upon, p. 4. 
 QUESTION. The yeas and nays of the members of either house 
 on any question shall, at the desire of one-fifth of those 
 
 present, be entered on the journal 1 5 3 26.87 
 
 QUESTION. On the question of adjournment of the two houses, the 
 
 approbation of the President is not necessary 1 7 3 23, 93 
 
 QUESTIONED. For any speech or debate in either house, they 
 
 shall not be questioned in any other place 1 6 1 26,83 
 
 Transferred from Articles of Confederation, Art.V. p. 11. 
 QUESTION EP. The validity of the public debt of the United 
 
 States, &c.. &c., shall not be questioned. Amendments... 14 4 49/280 
 
 (See l>abl/ic Debt.) 
 
 QUORUM. A majority of each house shall constitute a quorum to 
 do business, but a smaller number may adjourn from day 
 to day, and may be authorized to c >mpel the attendance of 
 ab.senc members, in such manner, and under such penal 
 ties as each house may providf 1 5 I 25,84 
 
 QtroRCM of the House of Representatives. A quorum (for the 
 election of President by the House of Representatives) 
 shall consist of a member or members from two thirds of 
 the States, and it majority of all the States shall be neces 
 sary to a choice. Amendments 12 1 46,164 
 
376 
 
 INDEX. 
 
 QrronxTM of the Senate. A quorum (for the election of Vice- 
 President by the Senate) shall consist of two-thirds of 
 the whole number of senators, and a majority of the 
 whole number shall be necessary to a choice. Amend 
 ments .................................................. 
 
 HATIFICATIOX. The ratifications of the conventions of nine States 
 shall be sufficient for the establishment of this Constitu 
 tion between the States so ratifying the same ........... 
 
 Katification defined, u. 242. The dates by the respect 
 
 ive States, n. 252, p. 253. Of the Constitutions of the 
 
 rebel States by a majority of registered voters, n. 276, 
 
 p. 2S5. 
 
 READ, GECKGE, of Eandolph, Delaware. Signed the Declaration 
 
 of Independence, p. 7. 
 
 RKIJEL STATES. The grounds of excluding their delegations from 
 Congress, n. 46. Act to provide for the government of, 
 n. 276, p. 2S2 (Caption). Divided into military districts, 
 Id. 2. When the people of, shall have formed constitu 
 tions, n. 274, p. 283, 5. The governments of, deemed pro 
 visional, Id. 6. Supplementary act in relation to, n. 274, 
 p. 283. Explanatory section, Id. 1. Registration of 
 voters in, Id. All elections in, to be by ballot, p. 286, 
 1. lielative to the rebel States, n. 284, p. 286, Preamble. 
 Their governments were subject to military authority, 
 n. 284, p. 286, 1. Power to remove officers of their govern 
 ments, Id. 2, p. 287. 3, 4, p. 288, 8. Duties of the 
 boards of registration in the, explained, n. 287. 5. The 
 disqualification as to voters in, explained, Id. 6. All the 
 acta interpreted liberally, Id. 11. Appropriations for, 
 p. 288. The objects of the acts explained, notes 277-285. 
 
 The stoats of their inhabitants during the rebellion, notes 
 46, 117, 118. Their Confederacy was not a de facto govern 
 ment, notes 211, 212,215. The examples in history, n. 235. 
 Virginia, North Carolina, South Carolina, Georgia, Mis 
 sissippi, Alabama, Louisiana, Florida, Texas, and Arkan 
 sas, declared to be rebel States, n. 276, pp. 282, 286. 
 Divided into military districts, n. 276, p. 282, 1. 
 The President to assign commanders to the districts, 
 Id. 3. The duty of the commanders to protect persons 
 and property, to suppress insurrections, &c., Id. 3. 
 Persons under military arrest to be tried without 
 delay, Id. 4. How the people are to frame and ratify 
 their Constitutions, Id. p. 283, 5. To ratify the four 
 teenth constitutional amendment, Id. The exclusion 
 from the polls and from office, Id. 5, 6. The govern 
 ments all, declared provisional, Id. 6. The first supple 
 mentary act in regard to the rebel States, n. 276. p. 283, 
 1. The oath of the voters, Id. p. 284. Whtn and by whosw 
 orders the elections to be held, Id. 2. To vote for or 
 against a convention, Id. 3. The boards of registration 
 appointed and subsequent action, n. 276, p. 285, 4. What 
 vote requisite to the ratification of the Constitution, Id. 
 5. Expenses, how paid, p. 276, 7, 8. " Article" con 
 strued to mean section, Id. 9. Second supplementary 
 act in regard to the rebel States, n. 276, p. 2^6. Explana 
 tory as to the legality of their governments, Id. 1. The 
 power of the commanders to remove or suspend from 
 office, Id. 2. The general of the armies invested with 
 full power, n. 276, p. 287, 3. Confirmation and further 
 powers of removal, Id. 4. Powers of the boards of 
 registration in ascertaining qualifications, p. 287, 5. Ex 
 planatory as to disqualifications. Id. 6. Time for regis 
 tration extended, p. 2S8, 7. The commanding general 
 may change the boards. Id. 8. Oath of the boards, 9. 
 Not bound by the opinions of civil officers, Id. 10. The 
 acts to be construed liberally. Id. 11. Appropriations for 
 expenses, n. 270, p. 288, 1. The registered voters under 
 
 Art. sec. cJ. 
 
 1-2 
 
 14 
 
 PP. 
 
 47, 1C6 
 
 41, 252 
 
 192 30,140 
 
 49, 230 
 
 48, 280 
 
 81, 151 
 
 2 3 86, 182 
 
INDEX. 377 
 
 Art. sec. cl. pp. 
 
 those acts. n. 278. Compared with the vote of 1860, Id. 
 The action of the conventions, Id. p. 29. (See Rebellion, 
 Reconstruction. ) 
 
 RKKELLION. The effects of, upon the States and the people. 
 Pref. p. xiii. How it affects the qualifications of senators 
 and members of Congress, n. 46. Dnring the, it was a 
 state of war, n. 117. Is a civil war, Id, The cotton cap 
 tured during the, was lawful prize, n. 118, p. 129. The 
 army at the close of, was one million of men, n. 124. 
 Synonymous with insurrection, n. 132, p. 135. The militia 
 called forth to suppress it, n. 135. The effects of the 
 President s pardon of, n. 174, p. 174 History of some of 
 the States in regard to, n. 255. Eesults of, as to slavery 
 and reconstruction, notes 274-286. 
 
 REBELLION. The privilege of the writ of habeas corpits shall not 
 be suspended, unless when, in cases of rebellion or 
 
 invasion, the public safety may require it .... 
 
 (See Privilege, n. 140 ; Habeas Corpus, n. 141.) Sus 
 pended during the rebellion of the Southern States, 
 n. 141, p. 143, 1. The Proclamation suspending, n. 141, 
 pp. 143, 144. (See Writ, notes 140, 141.) 
 
 REBELLION. The debts incurred for payment of pensions and 
 bounties for services in suppressing insurrection or rebel 
 lion, shall not be questioned 
 
 But neither the United States nor any State shall assume 
 or pay any debt or obligation incurred in aid of insurrec 
 tion or rebellion . . . - . 
 
 Remarks upon this section, a. 2S2. The amount of the 
 Confederate debt, n. 282. Oath that ho has not been dis 
 franchised for participation in any rebellion, n. 276, p. 284. 
 "When the right to vote is denied except for participation 
 in the rebellion. Art. XIV. 2, note thereon, n. 281. 
 
 REBELS. The effect of the President s pardon of, n. 174, p. 174. 
 
 RECEIPTS and expenditures. A regular statement and account of 
 the receipts and expenditures of all public money shall bo 
 published from time to time 
 
 RECESS of the Senate. The President shall have power to fill up 
 all vacancies that may happen during the recess of the 
 Senate, by granting commissions, which shall expire at the 
 
 end of their next session 
 
 This power controlled by the tenure of office law, n. 284, 
 p. ISO, 5. The Constitution explained, n. 185. 
 
 RECOMMEND to Congress. The President shall from time to time 
 recommend to the consideration of Congress such mea 
 sures as he shall judge necessary and expedient 231 86,183 
 
 RECONSIDERED. Bills returned with objections by the President 
 of the United States to be reconsidered by the two 
 houses of Congress, and if approved by two-thirds of 
 both houses, shall become a law 1 7 2 27. 91 
 
 RECONSIDERED. Any order, resolution, or vote, returned with ob 
 jections by the President, may be reconsidered, and re- 
 passed by two-thirds of both houses 1 7 3 28,93 
 
 RECONSTRUCTION. The effect of the acts upon the independent 
 power of the houses, n. 46. The President s vetoes of 
 what are called the reconstruction acts, n. 67. The efforts 
 to impeach the President for his course in regard to, n. 194. 
 Summary as to that course, n. 94. His intimation as to 
 his right to resist, n. 239. The several acts commonly 
 called the reconstruction laws, n. 276. The failure of 
 the court to take jurisdiction of the subject, n. 276. 
 p. 231. The terms imposed by President Johnson as con 
 ditions of, n. 276, p. 281. The purpose to establish loyal 
 and State governments, n. 276, p. 2S2. The terms of res 
 toration, n. 276, p. 283, 5. Until then they are pro 
 visional governments, Id. 6. Mode of registration and 
 practice, Id. p. 284. 1-9. The local governments placed 
 subject to the military commanders, n. 276, p. 2S6. The 
 President s opposition to those laws, n. 2b4 (See Rebel 
 State*, n. 276.J 
 
378 
 
 INDEX. 
 
 RECORDS. Full faith and credit shall be given in each State to the 
 public acts, records, and judicial proceedings, of every 
 other State ; and the Congress may, by general laws, pre 
 scribe the manner in which such acts, records, and pro 
 ceedings, shall be proved, and the effect thereof 4 
 
 Records defined, n. 218, p. 213. Act of Congress for 
 proving judicial records, n. 219, 1. For proving records 
 not judicial, n. 219. p. 221, 1. Civil law deeds, how 
 proved, Id. The act extended to the Territories, n 219 
 p. 222. 2. 
 
 REDRESS of grievances. Congress shall make no law abridging 
 the right of the people peaceably to assemble, and to 
 petition the government for a redress of grievances. 
 
 Amendments 1 
 
 (See Grievances.) 
 REED, JOSEPH, of Pennsylvania. Signed Articles of Confederation, 
 
 p. 21. 
 REGULA-IK To coin money and regulate the value thereof, and of 
 
 foreign coin 
 
 See a history of the regulations, u. 99. To fix is to 
 regulate, n. 100. 
 
 REGULATION. No person held to service or labor, escaping into 
 another State, shall, in consequence of any law or regu 
 lation of such State, be discharged from such service or 
 
 labor 
 
 (See Fugitives, &c., notes 228-228.) 
 
 REGULATIONS. If a prisoner be held by any, habeas corpus sus 
 pended as to, n. 141. p. 143. 
 REGULATIONS for the election of senators and representatives. 
 
 (See Senators. ) 
 
 REGULATIONS. The Supreme Court shall have appellate jurisdic 
 tion in certain cases, both as to law and fact, with such 
 exceptions, and under such regu ations as the Congress 
 
 shall make j 
 
 REGULATIONS The Consrress shall have power to dispose of, and 
 make, all needful rules and regulations respecting the ter 
 ritory and other property belonging to the United States. < 
 
 Regulations of the post-office department, n. 106. 
 RELIGION. Congress shall make no law respecting an establish 
 ment of religion, or prohibiting the free exercise thereof. 
 
 Amendments ] 
 
 Keliirion defined, n. 245. The object, Id. No restraint 
 on the States, n. 245, p. 255. All sects tolerated, Id.- The 
 Christian, is not a part of the common law, Id. 
 RELIGION. Against all force or attacks made against the States on 
 account of religion, sovereignty, trade, or any other pre 
 tence, Confed. Art. III. p. 9. 
 
 RELIGIOUS test. No religious test shall ever be required as a 
 qualification to any office or public trust under the United 
 
 States ."i 
 
 In the sense of, 25 Stat. Charles II. n. 242, "p." 251 " 
 REMEDY. Laws which only affect the, do not impair contracts, 
 n. Ifil. Jiut the validity and remedy may be inseparable, 
 n. 157 p. 156. 
 
 REMOVAL. The commanding generals of military districts may 
 remove State officers in the rebel States, n. 276, p. 280, 
 2. The commanding general may remove when, Id. p. 287, 
 3. Removals approved and authorized, Id. 4. 
 REMOVAL. Judgment, in cases of impeachment, shall not extend 
 further than to removal from office, and disqualification to 
 h->i<l and enjoy nny office of honor, trust, or profit, under 
 
 the United Statei 1 
 
 Doubtful if it can be less, n. 40. Touches neither per 
 son nor property, n. 4i. 
 REMOVAL. In case of the removal of the President from office, it 
 
 shall devolve on the Vice-President 2 
 
 On what Vice-presidents the office has devolved, n. 172, 
 p. 170. 
 
 Art sec, cl. 
 
 pp. 
 
 18 
 
 1 38,213 
 
 43,254 
 
 29,114 
 
 423 39,232 
 
 141 22, 5G 
 
 322 87,209 
 
 t 3 2 39,238 
 
 I 43,254 
 
 8 40,250 
 
 25,52 
 84,169 
 
INDEX. 
 
 379 
 
 REMOVAL. In case of removal, both of the President and Vice- 
 President, the Congress may by law provide, declaring 
 what officer shall then act as President ................. 
 
 The act of Congress providing for the case, n. 172, 8, 9. 
 
 REMOVED from office. All civil officers of the United States shall 
 be removed from office on impeachment for, and convic 
 tion of, treason, bribery, or other high crimes and misde 
 meanors ................................................ 
 
 (See Civil Officer*, n. 191 ; Crimes Misdemeanors 
 Impeachment, notes 192-194.) 
 
 REPRESENTATION. When vacancies happen in the representation 
 from any State, the executive thereof shall issue writs of 
 election to fill them ............ .................... 
 
 Full note upon this subject, n. 25. 
 
 REPRESENTATION. When the rebel States shall be entitled to, 
 n. 276, p. 282, 5. Until so entitled all civil governments 
 to be considered provisional, Id. 6. (See Rebel States.) 
 
 REPRESENTATION. But when the right to vote shall he denied to 
 any class, &c., the basis of representation shall be reduced 
 in proportion, &c ........................................ 
 
 Note upon this section, n. 281. 
 
 REPRESENTATIVE. No person shall be a representative unless 
 25 years old, been seven years a citizen of the United 
 States, and, when elected, an inhabitant of the same State. 
 (See Qualifications, n. 46.) 
 
 REPRESENTATIVE numbers include all free persons, those bound to 
 service for a term of years, Indians taxed, and three-fifths 
 of all other persons (slaves), all to be enumerated every 
 ten years, &c ........................................... 
 
 (See Amendments, Art. 14, 2. p. 279.) 
 
 REPRESENTATIVE. No senator or shall, during the time for 
 which he was elected, be appointed to any civil office 
 under the authority of the United States, which shall 
 have been created, or the emoluments whereof shall have 
 been increased during such time: and no person holding 
 any office under the United States shall be a member of 
 either house during his continuance in office ............ 
 
 (See Office.} " 
 
 REPP.ESENTATIVE. No representative shall be appointed an elec 
 tor of President or Vice-President of the United States. . 
 
 REPRESENTATIVES. No person shall be a senator or repre 
 sentative in Congress, or elector of President and Vice- 
 President, or hold any office, civil or military, under 
 the United States, or under any State, who, having 
 previously taken an oath, as a member of Congress, or as 
 any officer of the United States, or as a member of any 
 State, legislature, or as an executive or judicial officer of 
 any State, to support the Constitution of the United 
 States, shall have engaged in insurrection or rebellion 
 against the same, or given aid or comfort to the enemies 
 thereof. But Congress mav, by a vote of two-thirds of 
 each house, remove such disability ...................... 
 
 Comments upon this section, notes 276, 281. 
 
 REPRESENTATIVES. Congress shall consist of a Senate and House 
 of representatives ...................................... 
 
 REPRESENTATIVES. Members of the House of Representatives to 
 be chosen every second year by the people ............... 
 
 REPRESENTATIVES in Congress. Qualifications of electors of 
 representatives in Congress the same as for electors of 
 the most numerous branch of the State legislature. ---- 
 
 REPRESENTATIVES and direct taxes to be apportioned among the 
 States according to theit respective numbers ............. 
 
 REPRESENTATIVES shall not exceed one lor every 80,000, but each 
 State shall have at least one representative .............. 
 
 REPRESENTATIVES allowed in first Congress for each of the thir 
 teen States ............................................. 
 
 For each of the thirty-three States, by the census of 1860, 
 n. 24, pp. 68, 69. 
 
 Art. 
 
 sec. cL 
 1 5 
 
 14 
 
 pp. 
 34, 1G9 
 
 36, 153 
 
 22 
 
 28 
 
 62 
 1 2 
 
 48,279 
 23,66 
 
 23,67 
 
 27,90 
 32,164 
 
 1 
 
 2 1 
 
 2 3 
 
 279 
 
 22,56 
 22, 56 
 
 22,56 
 23,67 
 23,67 
 23,67 
 
380 
 
 INDEX. 
 
 Art. sec. el. pp. 
 
 REPRESENTATIVES. The House of Representatives shall choose 
 
 their Speaker and other officers 125 23,72 
 
 REPRESENTATIVES. The House of Representatives shall have the 
 
 sole power of impeachment 1 2 C 23, 72 
 
 REPRESENTATIVES. The times, places, and manner of holding 
 elections for senators and representatives shall be pre 
 scribed in each State by the legislature thereof; but the 
 Congress may, at any time, by law. make or alter such 
 regulations, except as to the places of choosing senators.. 1 4 1 25,83 
 
 REPRESENTATIVES. The House of 
 
 Shall be the judge of the elections, returns, and qualifi 
 cations of its own members 1 5 1 25,84 
 
 A majority thereof shall constitute a quorum to do 
 business ; but a smaller number may adjourn from day to 
 day, and may be authorized to compel the attendance of 
 absent members, in such manner, and under such penal 
 ties, as that house may provide 1 5 1 25, 84 
 
 May determine the rules of its proceedings, punish its 
 members for disorderly behavior, and, with the concur 
 rence of two-thirds, expel a member 1 5 2 26, 86 
 
 Shall keep a journal of its proceedings, and from time 
 to time publish the same, excepting such parts as may, in 
 their judgment, require secrecy ; and the yeas and nays of 
 the members on any question shall, at the desire of one- 
 fifth of those present, be entered on the journal 1 5 8 26, 78 
 
 Shall not, during the session of Congress, without the 
 consent of the Senate, adjourn for more than three days, 
 nor to any other place than that in which the two houses 
 shall be sitting 154 26,88 
 
 REPRESENTATIVES. The Senators and 
 
 Shall receive a compensation for their services, to be 
 ascertained by law, and paid out of the Treasury of the 
 
 United States 1 (5 1 26, 88 
 
 They shall, in all cases except treason, felony, and 
 breach of the peace, be privileged from arrest during 
 their attendance at the session of their respective houses, 
 and in going to and returning from the same ; and for any 
 upeech or debate in either house, they shall not be ques 
 tioned in any other place 1 6 1 26,88 
 
 REPRESENTATIVES. All bills for raising revenue shall originate in 
 the House of Representatives ; but the Senate may pro 
 pose, or concur with, amendments, as on other bills 1 7 1 27, 90 
 
 REPRESENTATIVES. Every bill, order, resolution, or vote (except 
 on a question of adjournment), originating in either house 
 of Congress, shall be presented to the President of the 
 United States. (For proceedings see Bill Resolution^.. 1 7 2&3 27,91 
 
 REPRESENTATIVES in Congress, and members of State legislatures, 
 shall be bound by oath or affirmation, to support this 
 Constitution 6 3 40,250 
 
 REPRIEVES. The President shall have power to grant reprieves.. 221 85,171 
 Reprieves defined, n. 177. 
 
 REPRISAL. Congress shall have power to grant letters of marque 
 
 and reprisal 1 8 11 29,127 
 
 Reprisal dejined and discussed, n. 121. This power 
 was in Congress under the Confederation, Art. IX. p. 14. 
 
 REPRISAL. No State shall grant letters of marque and reprisal. .. 110 1 SI, 153 
 Because this is a national power, n. 152. 
 
 REPUBLICAN. The United States shall guarantee to every State in 
 
 this Union, a republican form of government 441 39,242 
 
 Republican defined, n. 233, p. 243. A government of 
 the people, Id. 
 
 REPUBLICAN governments in the rebel States. To enable the rebel 
 States to establish republican governments, n. 256, p. 282, 
 preamble. Inquiry as to whether Maryland has, n. 46. (See 
 Rebel States.) 
 
 RESERVED rights. (See Retained Rights.) Amendments 9 45,268 
 
 RESERVED powers. The powers not delegated to the United 
 States by the Constitution, nor prohibited by it to the 
 
INDEX. 
 
 381 
 
 States, are reserved to the States, respectively, or to tho 
 
 people. Amendments 
 
 The powers not delegated are retained, notes 89, 269, 
 p. 107. 
 
 RESERVING to the States. Congress shall have power to provide 
 for organizing, arming, and disciplining the militia, and 
 
 governing such part as may be in the service of the United 
 tales, reserving to the States the appointment of the 
 officers, and the authority of training the militia according 
 
 to the discipline prescribed by Congress 1 
 
 (See Militia.) 
 
 RESIDENCE of fourteen years within the United States requisite in 
 eligibility of a person to the office of President or Vice- 
 President of the United States 2 
 
 RESIGNATION. Vacancies by resignation of senators may be filled 
 
 by the executive of a State in recess of legislature 1 
 
 The seat is vacated, before notice that the resignation is 
 accepted, n. 32. 
 
 RESIGNATION. In case of the resignation of the President, the 
 
 office shall devolve on the Vice-President, &c 2 
 
 RESOLUTION. Every order, resolution, or vote, to which the con 
 currence of the Senate and House of Representatives may 
 be necessary (except on a question of adjournment), shall 
 be presented to the President of the United States, and, 
 before the same shall take effect, shall be approved by 
 him ; or, being disapproved by him, shall be repassed by 
 two-thirds of the Senate and House of Representatives, 
 according to the rules and limitations prescribed in the 
 
 case of a bill. (See Sills.) 1 
 
 When a resolution becomes a law, joint and concurrent, 
 n. 70. A joint, submitting the 14th amendment, n. 276, 
 p. 27S. 
 
 RETAINED rights. The enumeration, in the Constitution, of cer 
 tain rights, shall not be construed to deny or disparage 
 others retained by the people. Amendments 9 
 
 RETURNED. Bills, resolutions, &c., not approved, to be returned 
 
 by the President to the house in which they originated. . 1 
 
 RETURNED. Bills, resolutions, &c., not returned within ten days, 
 Sundays excepted, to become laws unless Congress ad 
 journ 1 
 
 The President must have ten entire days, n. 69. 
 
 RETURNS. Each house shall be the judge of the elections, re 
 turns, and qualifications of its own members 1 
 
 Returns defined, n. 46. 
 
 REVENUE. All bills for raising revenue shall originate in the 
 House of Representatives; but the Senate may propose, 
 
 or concur with, amendments, as on other bills 1 
 
 Revenue defined, n. 65. 
 
 REVENUE. No preft-rence shall be given, by any regulation of 
 commerce or revenue, to the ports of one State over those 
 of another 1 
 
 RHODE ISLAND. Signed the Declaration of Independence, p. 7. 
 One of the Confederation, p. 9. Signed the articles thereof 
 p. 21. Rule of suffrage, n. 17. 
 
 RHODE ISLAND and Providence Plantations. Entitled to one repre 
 sentative in first Congress 1 
 
 Two by the census of 1860, n. 24. Assigned to first judicial 
 circuit, n. 197. Ratified the thirteenth constitutional 
 amendment, n. 274 ; and the fourteenth, n. 275. 
 
 RIGHT. The habeas corpus is a writ of, n. 141. 
 
 RIGHT of Congress. Because of the thirteenth amendment, to 
 pass the civil rights law, n. 274, p. 273. 
 
 RIGHT of conscience. (See Religion.) 
 
 RIGHT of the people. Congress shall make no law abridging the 
 right of the people peaceably to assemble, and to petition 
 the government for a redress of grievances. Amend 
 ments " 1 
 
 Tho people used in the broadest sense, n. 248. 
 
 Art. sec. cL 
 10 
 
 pp. 
 
 45, 2C9 
 
 8 16 29,136 
 
 1 4 84,167 
 
 3 2 24, 76 
 
 1 5 34, 169 
 
 7 3 28,93 
 
 45, 263 
 
 7 2 27, 91 
 
 7 2 27, 91 
 
 51 25, 84 
 
 7 1 27, 90 
 
 9 6 81, 150 
 
 2 8 23, 67 
 
 43,254 
 
382 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 
 BIGHT of the people. A well-regulated militia being necessary to 
 the security of a free State, the right of the people to 
 keep and bear arms shall not be infringed. Amend 
 ments 2 43, 256 
 
 EIGHT of the people. The right of the people to be secure in their 
 persons, houses, papers, and effects, asrainst unreasonable 
 searches and seizures, shall not he violated ; and no war 
 rants shall issue but upon probable cause, supported by 
 oath or affirmation, and particularly describing the pla> e 
 to be searched, and the persons or things to be seized. 
 Amendments 4 44,257 
 
 EIGHT of. (See Life Liberty Property.) 
 
 EIGHT of evidence end defense in criminal prosecutions. (See 
 Criminal.) 
 
 EIGHT of trial by jury. In suits at common law, where the value 
 in controversy shall exceed twenty dollars, the right of 
 trial by iury shall be. preserved, and no fact tried by a 
 jury shall be otherwise re-examined in any court of the 
 United States, than according to the rules of common 
 law. Amendments 7 45,266 
 
 EIGHTS. When acquired under existing law there is no power to 
 take them away, n. 257, p. 260. The great absolute, of 
 property, n. 253. The commanders of military districts 
 to protect the rights of persons and property, n. 276, 
 P- 282, 3. 
 
 EIGHTS. Exclusive rights to writings and discoveries may be se 
 cured to their authors and inventors for a limited time. . .1 8 8 29, 121 
 (See Authors and Inventors, notes 107, 10S.) 
 
 EIGHTS of domestic security. No soldier shall, in time of peace, 
 be quartered in any house without the consent of the 
 owner, nor in time of war, but in a manner to be pre 
 scribed by law. Amendments 3 44, 256 
 
 BIGHTS. The enumeration, in the Constitution, of certain rights, 
 shall not be construed to deny or disparage others retained 
 
 by the people. Amendments 9 45,268 
 
 These certain rights defined, n. 268. 
 
 EIGHTS. A naturalized citizen possesses all the, of a native 
 citizen, n. 93. And this right of naturalization was 
 accorded to Congress, Id. The right of the naturalized 
 citizen takes effect from birth, n. 274. p. 276. The rights 
 of owners of slaves after emancipation, n. 274, pp. 277, 27S, 
 
 EOADS. Congress shall have power to establish post-offices and 
 
 post-roads 1 8 7 29, 119 
 
 (See Post-offices and Post-roads, notes 104-106.) Post- 
 roads defined, n. 106. The number of miles of, n. 105. 
 
 EOBKRDEAU, DANIKL, of Pennsylvania. Signed Articles of Con 
 federation, p. 21. 
 
 BODNEY CAESAR, of Delaware. Signed the Declaration of Inde 
 pendence, p. 7. 
 
 Eoss, GKOKGE, of Pennsylvania. Signed Declaration of Inde 
 pendence, p. 7. 
 
 Eoss, JAMES. Presiding officer of the Senate, n. 38, p. 78. 
 
 BULK. An uniform rule of naturalization 1 8 4 28,112 
 
 EULKS of proceedings. Each house of Congress may detennine 
 
 the rules of its proceedings 152 J* ,, sC 
 
 EULES concerning captures. Congress shall have power to make 
 
 rules concerning captures on land and water 1 8 11 29,12? 
 
 This power existed in the Congress of the Confedera 
 tion, Art. IX. p. 14. 
 
 EULES and articles of war. Congress shall have power to make 
 rules for the government and regulation of the land and 
 naval forces. . 1 8 14 29,133 
 
 BULKS of the common law. No fact tried by a jury shall be other- 
 wise re-examined in any court of the United States than 
 according to the rules of the common law. Amend 
 ments...! 7 45,266 
 
 (See Common Law.) 
 
INDEX. 
 
 383 
 
 Art. sec. cl. pp. 
 
 KUNAWAY slaves, or persons held to service or labor, and fugi 
 tives from justice shall be delivered up, &c 4 2 2&:J 38,229 
 
 (See F gitiue, notes 223, 224. 225 ) 
 
 Eusn, BKNJAMIN. f Pennsylvania. Signed the Declaration of 
 Independence, p. 7. 
 
 KirTLEDGK, EDWARD, of South Carolina. Signed Declaration of 
 Independence, p. 8. 
 
 KITTLED*; K. JOHN. Chief-Justice and Associate Justice of the 
 Supreme Court, n. 197, pp. 192, 193. 
 
 SCIENCE and useful arts. Congress shall have power to promote 
 the progress of science and useful arts, by securing, for 
 limited times, to authors and inventors, the exclusive 
 
 right to their respective writinss and discoveries 188 2D, 121 
 
 Science defined and distinguished from art, n. 107, p. 122. 
 Science teaches us to know, art to do, n. 107, p. 122. 
 
 SCUDPER, NATHANIEL, of New Jersey. Signed the Articles of 
 Confederation, p. 21. 
 
 SBABCHKS and seizures. The right of the people to be secure in 
 their persons, houses, papers, and effects against un 
 reasonable searches and seizures shall not be violated, and 
 no warrant shall issue but upon probable cause, supported 
 by oath or affirmation, and particularly describing the 
 place to be searched, and the persons or things to be 
 
 seized. Amendments 4 44,257 
 
 Searches are always unreasonable when without au- 
 *hority of law, n. 251. 
 
 SWAT of government. Neither house, during the session of Con 
 gress, shall, without the consent of the other, Adjourn for 
 more than three days, nor to any other place than that in 
 which the two houses shall be sitting 154 26,88 
 
 SEAT of government. Congress shall have power to exercise ex 
 clusive legislation in all cases whatsoever, over such dis 
 trict (not exceeding ten miles square) as may, by cession 
 of particular States, and the acceptance of Congress, be 
 come the seat of the government of the United States, 
 and to exercise like authority over all places purchased by 
 consent of the legislature of the State in which the same 
 shall be, for the erection of forts, magazines, arsenals, 
 
 dock -yards, and other needful buildings . 1 8 17 30,136 
 
 (See District of Columbia.) 
 
 SEAT of government of the United States. The list of electoral 
 votes for President and Vice-President shall be transmit 
 ted, sealed, to the seat of the government of the United 
 States, directed to the president of the Senate. Amend 
 ments 12 
 
 SEATS of senators. Terms at which the seats of the several 
 
 classes of senators shall be vacated 1 2 2 24, 76 
 
 SECESSION and nullification had the same poisonous root, Pref. p. vii. 
 
 SECRECY. Each house of Congress shall keep a journal of its pro 
 ceedings, and from time to time publish the same, 
 excepting such parts as may in their judgment require 
 secresy 1 5 3 26, 8T 
 
 SKCRETARIKS of different departments constituting cabinet of the 
 President, n. 176. 
 
 SECRETARIES of War, of the Treasury, of the Interior, fcc., 
 hold their offices how long. n. 184. p. 179, 1. 
 
 SECRETARY of State. Proclamation about thirteenth consti 
 tutional amendment, n. 274. Action of, on fourteenth 
 amendment and views in regard to same, n. 275. 
 
 SECRETARY of the Treasury. Report of public debt, n. 78. 
 
 SECRETARY (if the Senate, at the clos of each session to deliver to 
 the Secretary of the Treasury, Ac., a full list of the per 
 sons nominated and rejected, n. 184, p. ISO, 7. 
 
 SECRETARY of the Treasury. Report of. on the national debt, n. 78, 
 p. 99. Holds hisoftice diuinir the Presidential terra, n. 184, 
 p. 179, 1. Secretary of the Senate to report to the Secre 
 tary of the Treasury a list of officers, n. 184, p. 180, 7. 
 
384 INDEX. 
 
 Art. sec. cl. pp. 
 
 President to notify the Secretary of the Treasury of desig 
 nations, <fcc., Id. p. 181, 8. 
 
 SECURE the blessings of liberty. The Constitution established 
 to secure the blessings of liberty to ourselves and our pos 
 terity, &c. Preamble 22,53 
 
 What liberty was intended to be secured, n. 12. How 
 it was attained, Id. 
 
 SECURE. The right of the people to be secure in their persons, 
 houses, papers, and effects, against unreasonable searches 
 
 and seizures, shall not be violated. Amendments 4 44, 257 
 
 (See Houses, Searches.) 
 
 SECURITIES. Congress shall have power to provide for the punish 
 ment of counterfeiting the securities and current coin of 
 the United States 1 8 29,113 
 
 SECURITY of a free State. A well regulated militia being neces 
 sary to the security of a free State, the right of the people 
 to keep and bear arms shall not be infringed. Amend 
 ments 2 43,25 
 
 (See Militia.) 
 
 SEDGWICK, THEODORE. Speaker of the House of Reps, n. 26. 
 
 SEIZURES. The right of the people to be secure against un 
 reasonable seizures shall not be violated. (See Searches.) 
 
 Amendments 4 44,257 
 
 Searches and seizures are always unreasonable when 
 not authorized by law, n. 257. 
 
 SENATE. It is intended to be a permanent body with perpetual 
 existence, n. 81. How it might corne to an end, Id. 
 
 SENATE and House of Representatives. The Congress of the United 
 States shall consist of a Senate and House of Representa 
 tives 1 1 2?,58 
 
 The Senate ought to be first defined, n. 15. 
 
 SENATE and House of Representatives. (See Congress.) 
 
 SEXATK. The Senate shall be composed of two senators from 
 each State, chosen by the legislature for six years, and 
 
 each senator shall have one vote 1 8 1 24,74 
 
 The subject considered, n. 28. The decisions on 
 elections, n. 29. The law for electing, n. 30. 
 
 SENATE. The Vice-President of the United States shall be Presi 
 dent of the Senate, but shall have no vote unless they be 
 
 equally divided 184 24,7T 
 
 List of Vice-Presidents, n. 37. 
 
 SENATE. The Senate shall choose their other officers, and also a 
 President pro tempore, in the absence of the Vice- 
 President, or when he shall exercise the oftice of presi 
 dent >f the United States 135 24,78 
 
 List of Presidents, pro tempore, n. 3S. 
 
 SENATE. The Senate shall have the sole power to try all im 
 peachments; when sitting for that purpose they shall be 
 on oath or affirmation. When the President of the United 
 States is tried, the Chief-Justice shall preside; and no 
 person shall be convicted without the concurrence of two- 
 
 thirdi of the members present 1 3 C 25,81 
 
 (See Impeachment, notes 39, 40, 194.) 
 
 SBNATK. The judgment of the Senate, in cases of impeachment, 
 shall not extend further than to removal from office, and 
 disqualification to hold and enjoy an office of honor, trust, 
 or profit under the United States, but the party convicted 
 shall, nevertheless, be liable and subu-ct to indictment, 
 trial, judgment and punishment, according to \-.\w 1 8 7 25, 82 
 
 BINATK of the United States. The Senate shall be the judge of 
 the election*, returns, and qualifications of its own 
 members; a majority shall constitute a quorum to do 
 lie: 
 
 business, but a smaller number may adjourn from day 
 to day, and may be authorized to compel the attendance of 
 absent members, in such manner, and under such penal 
 ties, as that house may provide 1 5 1 25,84 
 
 SKNATK. 
 
 (See Qualification, n. 46.) 
 
 The fckmate muy determino the rules of its proceedings, 
 
INDEX. 
 
 385 
 
 Art. 
 
 sec. cl. 
 5 2 
 
 pp. 
 
 26, Sv 
 
 punish its members for disorderly behavior, and, with the 
 
 concurrence of two-thirds, expel a member 1 
 
 SENATE. The Senate shall keep & journal of its proceedings,, and 
 
 from time to time publish the same, excepting such parts 
 
 as may, in their judgment, require secrecy; and the yeas 
 
 and lays of the members, on any question, shall, at the 
 
 desire of one-fifth of those present, be entered on the 
 
 journal 153 26,87 
 
 SENATE. The Senate shall not, during the session of Congress, 
 
 without the consent of the House of Representatives, 
 
 adjourn for more than three days, nor to any other place 
 
 than that in which the two houses shall be sitting 1 5 4 26,88 
 
 SENATE. All bills for raising revenue shall originate in the House 
 
 of Representatives; but the Senate may propose, or con 
 cur with, amendments, as on other bills. (See Mils.) 1 7 1 27, 90 
 
 SENATE. Every bill, order, resolution and vote (except on a 
 
 question of adjournment), originating in either house of 
 
 Congress, shall be presented, to the President of the 
 
 UnitedStates 1 I 2&3 27,91 
 
 (For proceedings, see Bill Resolution.) 
 SENATE. Action of Senate on bills, resolutions, orders, and yotea. 
 
 (See Bills, &c.) 
 SENATK. The President shall have power, by and with the advice 
 
 and consent of the Senate, to make treaties, provided two- 
 thirds of the senators present concur ; and he shall nomi 
 nate, and, by and with the advice and consent of th 
 
 Senate, shall appoint ambassadors, other public ministers, 
 
 and consuls, judges of the Supreme Court, and all other 
 
 officers of the United States, whose appointments are not 
 
 herein otherwise provided for, and which shall be estab 
 lished by law. But the Congress may, by law, vest the 
 
 appointment of such inferior officers as they think proper, 
 
 in the President alone, in the courts of law, or in the 
 
 heads of departments 222 85,174 
 
 (See President,) 
 SENATE. The President shall have power to fill up all vacancies 
 
 that may happen during the recess of the Senate, by 
 
 granting commissions which shall expire at the end of 
 
 their next session 2 2 3 36,182 
 
 See the subject discussed, n. 185. The law upon the 
 
 subject, n. 184 
 
 SENATK The President mar, on extraordinary occasions, con 
 vene both houses of Congress, or either of them 2 3 135, 133 
 
 SENATE. No State, without its consent, shall be deprived of its 
 
 equal suffrage in the Senate. 5 40, 246 
 
 SENATE. The lists of votes of electors of President and Vice- 
 President shall be directed to the president of the Senate. 
 
 Amendments 12 1 46,164 
 
 SENATE. The president of the Senate shall, in presence of the 
 
 Senate and House of Representatives, open all the certifi 
 cates of the electors of President and Vice-President of 
 
 the United States. Amendments 12 1 46, 1C4 
 
 SENATK. If no person have a majority of the electoral votes as 
 
 Vice-President, then, from the two highest numbers on 
 
 the list the Senate shall choose the Vice-President; a, 
 
 quorum for the purpose shall consist of two-thirds of the 
 
 whole number of senators, and a majority of the whole 
 
 number shall be necessary to a choice. Amendments.... 12 \ 47, \ - f> 
 
 SKNATOK. Each senator Khali have one vote 131 24,74 
 
 SENATOR. No person shall be a senator who shall not have 
 
 attained the age of 30 yvrs been nine years a citizen of 
 
 the United States, and. when elected, an inhabitant of the 
 
 State for which he shall be chosen 133 24,7T 
 
 SENATOR or representative. No senator or representative shall, 
 
 during the time for which he was elected, be appointed to 
 
 any civil office under the authority of the United States, 
 
 which shall have been created, or the emoluments whereof 
 
 shall have been increased during such time ; and no per- 
 
 17 
 
386 INDEX. 
 
 Art sec. cl. pp. 
 
 son holding any office nnder the United States shall be a 
 
 member of either house during his continuance in office.. 162 27,90 
 (See Qualifications, notes 35, 46.) 
 
 SENATOR. No senator shall he appointed an elector of President 
 
 or Vice- President of the United States 2 1 2 32, lfi-1 
 
 Disqualification of. (See Representatives.) Amend 
 ments 14 3 49,279 
 
 SENATORS. The Senate of the United States shall be composed of 
 
 two senators from each State 1 3 1 24. 74 
 
 SENATORS. Two senators shall be chosen by the legislature of 
 
 each State for six years 1 8 1 24, 74 
 
 SENATORS divided as nearly as may be into three classes after the 
 first election. The seats of the first class vacated at the 
 expiration of the second year. The seats of the second 
 class vacated at expiration of the fourth year. The seats 
 of the third class vacated at expiration of the sixth year; 
 so that one-third may be chosen every second year 132 24,70 
 
 SENATORS. If vacancies happen in seats of senators, by resigna 
 tion or otherwise, during the recess of the legislature of 
 any State, the executive thereof may make temporary ap 
 pointments until next meeting of the legislature, which 
 
 shall then fill such vacancies 1 8 2 24,76 
 
 (See Classification, n. 34.) 
 
 SENATORS. The times, places, and manner of holding elections for 
 senators and representatives, shall be prescribed in each 
 State by the legislature thereof; but the Congress may, 
 at any time, by law, make or alter such regulations, ex 
 cept as to the places of choosing senators 141 23, 83 
 
 SENATORS and representatives shall receive a compensation for 
 their services, to be ascertained by law, and paid out of 
 
 the treasury of the United States 101 26.88 
 
 They shall,, in all cases except treason, felony, and breach 
 of the peace, be privileged from arrest during their attend 
 ance at the session of their respective houses, and in 
 going to and returning from the same; and for any speech 
 or debate in either house they shall not be questioned in 
 any other place 161 26,88 
 
 SENATORS of the United States shall be bound by oath or affirma 
 tion to support the Constitution of the United States ... 6 8 40, 250 
 
 SERVICE. Persons bound to service for a term of years included 
 
 in representative numbers 128 23,67 
 
 SERVICE of the United States. The Congress shall have power to 
 provide for governing such parts of the militia as may be 
 employed in the service of the United States 1 8 16 29,135 
 
 SERVICE of the United States. The President shall be commander- 
 in-chief of the militia of the several States, when called 
 into the actual service of the United States 2 2 1 35,172 
 
 SERVICE or labor. (See Slaves- -Fugitives.) 428 89, J;52 
 
 SEUVICE. No person shall be held to answer for a capital or other 
 wise, infamous crime, unless on a presentment or indict 
 ment of a grand jury, except in cases arising in the land 
 or naval forces, or in the militia when in actual service 
 in time of war or public danger. Amendments 5 44,253 
 
 FKUVICEB. The senators and representatives shall receive a com- 
 *cnsation for their services, to be ascertained by law, and 
 
 paid out of the treasury of the United States 1 6 1 26, 83 
 
 (See Compensation, n. 53.) 
 
 SERVICES. The President shall, at stated times, receive for his 
 
 services a compensation, &c 2 1 6 34.170 
 
 (See President, n. 173.) 
 
 SERVICES. The judges, both of the supreme and inferior courts, 
 shall hold their offices during good behavior, and shall, at 
 stated times, receive for their services a compensation 
 which shall not be diminished during their continuance in 
 office 8 1 1 86,189 
 
 SESSION of Congress. (See Meeting.) 
 
 SESSION. The Congress shall assemble at least once in every year, 
 and such meeting or session shall be on the first Monday 
 
INDEX. 
 
 387 
 
 Art sec. cl. pp. 
 In December, unless they shall by law appoint a different 
 
 day 142 25,83 
 
 (See Congress, n. 43, for the act fixing sessions.) 
 
 SESSION. Neither house, during the session of Congress, shall, 
 without the consent of the other, adjourn for more than 
 three days, nor to any other place than that in which the 
 two houses shall be sitting... 1 5 4 26,88 
 
 SESSION. Senators and representatives shall, in all cases except 
 treason, felony, and breach of the peace, be privileged from 
 arrest during their attendance at the sessions of their re 
 spective houses, and in going to and returning from the 
 
 same 161 26,88 
 
 (See Arrest Privilege.) 
 
 SESSION of the Senate. The President shall have power to fill up 
 all vacancies that may happen during the recess of the 
 Senate, by granting commissions which shall expire at 
 the end of their next session 223 36,182 
 
 FEWARD, WILLIAM H. Secretary of State, n. 274. p. 272. 
 
 SHERMAN, WILLIAM T. Lieutenant-General in the United States 
 Army, n. 124. 
 
 SHIPS of war. No State shall, without the consent of Congress, 
 
 keep ships of war in time of peace 1 10 3 32,161 
 
 SIGNED. Every bill, resolution, order, or vote, approved, shall be 
 
 signed by the President 1 7 2 27,91 
 
 SIGNED. Any bill, resolution, <fec., not returned within ten days, 
 
 to become a law as if it had been signed by the President. 172 27,91 
 
 SIGNERS of the Declaration of Independence, pp. 7, 8; of the 
 Articles of Confederation, p. 21 ; of the Constitution of 
 the United States, pp. 41, 42, 252, viz.: George Washing 
 ton, President and Deputy from Virginia. John Lang- 
 don, Nicholas Gilman, New Hampshire. Nathaniel Gor- 
 ham, Rufus King, Massachusetts. William Samuel John 
 son, Roger Sherman, Connecticut. Alexander Hamilton, 
 New York. William Livingston, David Brearley, William 
 Paterson, Jonathan Dayton, New Jersey. Benjamin 
 Franklin, Thomas Mifflin, Robert Morris, George Clymer, 
 Thomas Fitzsimmons, Jared Ingersoll, James Wilson, 
 Gouverneur Morris. Pennsylvania. George Reed, Gun 
 ning Bedford, Jr., John Dickinson. Richard Bassett Jacob 
 Bl-oom, Delaware. James McIIenry, Dan. of St 
 Thomas Jenifer, Daniel Carroll, Maryland. John Blair, 
 James Madison. Jr., Virginia. William Blotint, Richard 
 Dobbs Spaight. Hugh Williamson, North Carolina. John 
 Rutledge, Charles C. Pinckney, Charles Pinckney, Pierce 
 Butler, South Carolina. William Few, Abraha m Bald 
 win, Georgia. Attest: William Jackson, Secretary. 
 
 SILVER. No State shall make any thing but gold and silver coin 
 
 a tender in payment of debts 1 10 1 81.153 
 
 Si.AYEir^, Neither slavery nor involuntary servitude, except as a 
 
 Sunishment for crime, whereof the party shall have been 
 uly convicted, shall exist within the United States, or 
 
 any place subject to their jurisdiction. Amendments 13 1 48,271 
 
 This amendment trenches directly upon the power of 
 
 the States and the people of the States, n. 274, p. 273. It 
 
 chanced the government to one of freedom. Id., and pp. 
 
 276, 277, 285. It gave the right to pass the civil rights bill, Id. 
 
 1>. 273. And made citizens of those who before were slaves, 
 
 Id. p. 275. What the several States only could have done, 
 
 Congress has done by this amendment, Id. p. 276. Its 
 
 effect was to abolish slavery wherever it existed in the 
 
 I nited States, n. 274, p. 277. And it carried along the 
 
 right to protect the freedmen by all necessary legislation, 
 
 p. 277. It did not affect obligations given for slaves be 
 fore the manumission, Id. pp. 277, 278 
 
 Si AYKS. Three-fifths of all slaves included in representative 
 
 numbers.... 123 23,67 
 
 SLAVES. The migration or importation of such persons as any of 
 
 the Slates now existing shall think proper to admit, shall 
 
388 INDEX. 
 
 Art. sec. cl. pp. 
 
 not be prohibited by the Congress prior to the year 1808, 
 but a tax or duty may be imposed on such importation, 
 not exceeding ten dollars for each person 191 80,140 
 
 SLAVES. No person held to service or labor in one State, under 
 the laws thereof, escaping into another, shall, in conse 
 quence of any law or regulation therein, be discharged 
 from such service or labor, but shall be delivered up on 
 claim of the party to whom such service or labor may be 
 due 4 2 3 39, 232 
 
 SLAVES. No amendment made prior to 1SOS shall prohibit the 
 
 importation of persons (or slaves) 5 40, 246 
 
 SOLDIER. No soldier shall, in time of peace, be quartered in any 
 house without the consent of the owner, nor in time of 
 war but in a manner to be prescribed by law. Amend 
 ments 3 44,256 
 
 Soldier and quartered defined, n. 250. Collections of 
 them into armies, n. 125. The right to enlist minors, Id. 
 Limitation of the power to vote supplies for them, n. 127. 
 The militia are the national soldiers, n. 130. The power of 
 martial law over them, n. 134. The right to try them by 
 military law. n. 255. 
 
 SOUTH CAROLINA. Signed the Declaration of Independence, p. 8. 
 One of the Confederation, p. 9. Signed the articles thereof, 
 p. 21. Signed the Constitution of the United States, 
 pp. 42. 252. Rule of suffrage in, n. 17, p. 64. 
 
 SOUTH CAROLINA. Entitled to five representatives in first Congress. 128 23,67 
 
 To four by the census of 1860, n. 24, p. 09. Population 
 through each decade, n. 24, pp. 69-70. Attempted nullifi 
 cation by, Pref. p.viii. and n. 144. Did not vote in the Presi 
 dential election of 1864, n. 1(57. Assigned to fifth judicial cir 
 cuit, n. 197, p. 192. Katified the thirteenth constitutional 
 am.ndment, n. 274. Refused to ratify the fourteenth, 
 n. 275. Declared one of the rebel States, n. 276, pp. 282, 286. 
 Its provisional government defined, n. 276, p. 286. Regis 
 tered voters of, n. 278, p. 289. 
 
 SPAIGIIT, RICHARD DOHBS, of North Carolina. Signed this Con 
 stitution, pp. 42, 252. 
 
 SPEAKER and other officers. The House of Representatives shall 
 
 choose their Speaker and other officers 125 23,92 
 
 Speaker defined, n. 26. List of Speakers, n. 26, p. 73. 
 When the Speaker becomes President, n. 172. 8. 
 
 SPEECH. Senators and representatives, for any speech or debate in 
 
 either house, shall not be questioned "in any other place.. 161 26,88 
 Limitation of this privilege, n. 61. 
 
 SPEECH. Congress shall make no law abridging the freedom of 
 
 speech. Amendments 1 43,254 
 
 "Freedom" defined, n. 246. 
 
 STANBERY. HENRY. Attorney- General of the United States, 
 n. 197, p. 192. 
 
 STANDARD. Congress shall have power to fix the standard of 
 
 weights and measures 1 8 5 29,114 
 
 "Fix" defined. " Standard" defined, n. 101. Weights 
 and measures ; metric system ; act of Congress authorizing 
 metric system, n. 102. (See Weights and Measures.) 
 
 STATE of the Union. The President shall, from time to time, give 
 to the Congress information of the state of the Union, and 
 recommend to their consideration such measures as he 
 shall judge necessary and expedient 281 86,183 
 
 STATE. A representative in Congress shall be an inhabitant of 
 
 the State in which he shall be chosen 122 23,66 
 
 " Inhabitant of the State " defined, n. 20. 
 
 STATE. Each State shall have at least one representative in Con 
 gress 128 23,67 
 
 STATE. When vacancies happen in the representation from a 
 State, the executive thereof shall issue writs of election to 
 fill them 1 2 4 23,72 
 
 STAIE. The Senate of the United States shall be composed of two 
 
 senators from each State, chosen by the legislature thereof 181 24, 74 
 
INDEX. 
 
 Art sec. cl. 
 
 389 
 
 PP. 
 
 STATE. If vacancies happen In seats of senators, by resignation or 
 
 otherwise, during the recess of the legislature of any State, 
 
 the executive thereof may make temporary appointments, 
 
 until the next meeting of the legislatuie, which shall then 
 
 fill such vacancies 182 24,76 
 
 STATE. A senator in Congress shall be an inhabitant of the State 
 
 for which he shall be chosen 183 24,77 
 
 STATE. The times, places, and manner of holding elections for 
 
 senators and representatives shall be prescribed in each 
 
 St;ite by the legislature thereof; but the Congress may, at 
 
 any time, by law. make or alter such regulations, except 
 
 as to the places of choosing senators 1 4 1 25,83 
 
 STATE. No tax or dutv shall be laid on articles exported from any 
 
 State ". 195 81,150 
 
 STATE. No preference shall be given, by any regulation of com 
 merce, or revenue, to the ports of one State over those of 
 
 another; nor shall vessels bound to or from one State be 
 
 obliged to enter, clear, or pay duties in aiiother 196 31,150 
 
 STATE. No State shall enter into any treaty, alliance, or confeder 
 ation; grant letters of marque and reprisal ; coin money ; 
 
 emit bills of credit; make any thing but gold and silver 
 
 coin a tender in payment of debts; pass any bill of at 
 tainder, ex-post facto law, or law impairing the obligation 
 
 of contracts, or grant any title of nobility 1 10 1 31.153 
 
 STATE. No State shall, without the consent of the Congress, lay 
 
 any imposts or duties on imports or exports, except %vhat 
 
 may be- absolutely necessary for executing its inspection 
 
 laws; and the net produce of all duties and imposts, laid 
 
 by any State on imports or exports, shall be for the use of 
 
 the Treasury of the United States ; and all such laws shall 
 
 be subject to the revision and control of the Congress 1 10 2 32,161 
 
 STATE. No State shall, without the consent of Congress, lay any 
 
 duty of tonnage, keep troops or ships of war in time of 
 
 peace, enter into any agreement or compact with another 
 
 State, or with a foreign power, or engage in war, unless 
 
 actually invaded, or in such imminent danger as will not 
 
 admit of delay ." 1 10 3 32.161 
 
 (For the extent of these inhibitions on the States, see 
 
 Articles of Confederation, Art. VI. p. 11.) 
 
 STATE. Each State shall appoint, in such manner as the legis 
 lature thereof may direct, the electors of President and 
 
 Vice-President of the United States. (See Election.). . . . 212 32,164 
 STATE. The judicial power shall extend to controversies to which 
 
 the United States shall be a party; to controversies 
 
 between two or more States ; between a State and citizens 
 
 of another State; between citizens of different States; 
 
 between citizens of the same State claiming lands under 
 
 grants of different States; and between a State, or the 
 
 citizens thereof, and foreign States, citizens, or sub 
 jects 3 2 1 37,194 
 
 (See Judicial Power.) 
 STATE. In all cases in whicH a State shall be a party, the Supreme 
 
 Court shall have original jurisdiction 322 37,204 
 
 STATE. The trial of all crimes, except in cases of impeachment, 
 
 shall be by jury ; and such trial shall be held in the State 
 
 where the said crimes shall have been committed ; but 
 
 when not committed within any State, the trial shall be 
 
 at such place or places as the Congress may by law have 
 
 directed 3 2 3 37,209 
 
 (See Crimes.) 
 STATE. Full faith and credit shall be given in each State to the 
 
 public acts, records, and judicial proceedings of every 
 
 other State. And the Congress may, by general laws, 
 
 prescribe the manner in which such acts, records, and pro 
 ceedings shall be proved, and the. effect thereof . . 4 1 1 38, 213 
 
 STATE. The citizens of each State shall be entitled to all privileges 
 
 and immunities of citizens in the several States 421 88,222 
 
 (See Citizens Privileges ImnntnUieis, nott s 220, 221.) 
 
890 
 
 INDEX. 
 
 Art. sec. cl. 
 
 pp. 
 
 STATK. A person charged in any State with treason, felony, or 
 other crime, who shall flee from justice, and be found in 
 another State, shall, on demand of the executive authority 
 of the State from which he fled, be delivered up to be re 
 moved to the State having jurisdiction of the crime 4 2 2 88, 2_ i) 
 
 STATE. No person held to service or labor in one State, under the 
 laws thereof, escaping into another, shall, in consequence 
 of any law or regulation therein, be discharged from such 
 service or labor, but shall be delivered up on claim of the 
 
 party to whom such service or labor may be due 423 39,232 
 
 (See Fuyitivex Escaped) 
 
 STATE. The Congress snail have power to dispose of, and make 
 all needful rules and regulations respecting the territory 
 or other property belonging to the United States; and 
 nothing in this Constitution shall be so construed as to 
 prejudice any claim of the United States, or of any par 
 ticular State 432 89,238 
 
 STATK. The United States shall guarantee to every State in this 
 Union a republican form of government, and shall protect 
 each of them auainst invasion, and, on application of the 
 legislature, or of the executive (when the legislature can 
 not be convened), against domestic violence 441 39,242 
 
 State defined, n. 233, p. 242. 
 
 STATE. No Stato, without its consent, shall be deprived of its 
 
 equal suffrage in the Senate 5 40, 246 
 
 STATE. The judges in every State shall be bound by the Consti 
 tution, laws, and treaties of the United States, any thing 
 in the Constitution or laws of any State to the contrary 
 notwithstanding 6 2 40,247 
 
 STATE legislatures. The members of the several State legislatures, 
 and all executive and judicial officers, both of the United 
 States and of the several States, shall be bound by oath or 
 
 affirmation to support this Constitution 6 3 40,250 
 
 (See Oath, n. 242.) 
 
 STATE. A well-regulated militia being necessary to the security 
 of a free State, the ritfht of-the people to keep and bear 
 arms shall not be infringed Amendments 2 43,256 
 
 STATE. In all criminal prosecutions, the accused shall enjoy the 
 right to a speedy and public trial, by an impartial jury of 
 the State and district wherein the crime shall have been 
 committed ; which district shall have been previously 
 ascertained by law. Amendments 6 44,263 
 
 STATE. In choosing the President (by the House of Representa 
 tives), the vote shall be taken by States, the representa 
 tives from each State having one vote : a quorum for this 
 purpose shall consist of a member or members from two- 
 thirds of the States, and a majority of all the Slates shall 
 be necessary to a choice. Amendments 12 1 4G, 1G4 
 
 STATE. The electors shall meet in their respective States and 
 vote, by ballot, for President and Vice-President, one of 
 whom at least shall not be an inhabitant of the came 
 State with themselves. Amendments 12 1 46,lf>4 
 
 ST.VTKH. Declared free and independent, p. 6. Articles of per 
 petual union between, pp. 8-9. Each retained its sove 
 reignty, Art. I. p. 9. Entered into a firm league. Art. 
 Ill p. 9. The rights of the people of the different States, 
 Art. IV. p. 10. Rendition and records, Id. To choose 
 delegates, Art. V. p. 10. Inhibitions upon, Art. VI. p. 12. 
 To supply a common treasury, Art. ViII. p. 13. 
 
 STATES. llepresentatives in Congress to be chosen every two 
 
 yenrs by the people of the States 121 22,56 
 
 The people defined and discussed, n. 16. The qualifica 
 tions of voters in ench, alphabetically arranged, n. 17. 
 
 STATES. Representatives and direct taxes to be apportioned 
 among the several States according to their respective 
 numbers 128 23,67 
 
 STATES entitled to representatives in the first Congress were : 
 New Hampshire, 3; Massachusetts, 8; Rhode Island and 
 
INDEX. 891 
 
 Art, see. cl. pp. 
 
 Providence Plantations. 1 ; Connecticut, 5 ; New York, 6; 
 New Jersey, 4; Pennsylvania, 8; Delaware,!; Maryland, 
 6; Virginia, 10; North Carolina, 5; South Carolina, 5; 
 
 Georgia, ft, Whole number, 65 123 2.3,67 
 
 STATES. Congress shall have power to regulate commerce among 
 
 the several States und with the Indian tribes 1 8 3 28, 105 
 
 (See Commerce.) 
 
 STATES. Congress shall have power to provide for organizing, 
 arming, and disciplining the militia, and for governing 
 such part of them as may be employed in the service of 
 the United States, reserving to the States respectively the 
 appointment of the officers, and the authority of training 
 the militia according to the discipline prescribed by Con 
 gress 1 8 16 29,135 
 
 STATES. Congress shall have power to exercise exclusive legisla 
 tion in all cases whatsoever, over such district (n*ot exceed 
 ing ten miles square) as may, by cession of particular 
 States and the acceptance of Congress, become the seat of 
 the government of the United States; and to exercise like 
 authority over all places purchased by the consent of the 
 legislature of the State in which the same shall be, for the 
 erection of forts, magazines, arsenals, dock-yards, and other 
 
 needful buildings 1 8 17 80,136 
 
 The District was ceded by Virginia and Maryland, n. 137. 
 (See District of Columbia.) 
 
 STATES. The migration or importation of such persons as any of 
 the States now existing shall think proper to admit, shall 
 not be prohibited by Congress prior to the year 1808, but a 
 tax or duty may be imposed on such importation not ex 
 ceeding ten dollars for each person 191 30,140 
 
 STATES. The President shall not receive, during the time for 
 which he shall have been elected, any emolument from 
 
 any of the States 2 1 G 34,170 
 
 STATES. The President shall be comraander-in-chief of the 
 militia of the several States when called into the actual 
 
 service of the United States 221 35,171 
 
 STATES. New States may be admitted by the Congress into this 
 Union ; but no new State shall be formed or erected 
 within the jurisdiction of any other State ; nor any State 
 be formed by the junction of two or more States, or parts 
 of States, w ithout tho consent of the legislatures of the 
 
 States concerned, as well as of the Congress 4 8 1 39, 234 
 
 (See New States, notes 229, 230.) For a list of the new 
 States, with dates of admission, see note 230. 
 
 STATES. The Congress, whenever two-thirds of both houses shall 
 deem it necessary, shall propose amendments to this Con 
 stitution, or, on the applications of the legislatures of two- 
 thirds of the several States, shall call a convention for 
 proposing amendments, which, in either case, shall be 
 valid to all intents and purposes as part of this Constitu 
 tion, when ratified by the legislatures of three-fourths of 
 the several States, or by conventions in three-fourths 
 
 thereof 5 40, 246 
 
 (See Amendments, notes 236, 244, 274, 275-286.) 
 STATES. The ratification of the conventions of nine States shall 
 be sufficient for the establishment of this Constitution 
 
 between the States so ratifying the same 7 41.252 
 
 (See Ratification, n. 243.) 
 
 STATES. The Constitution adopted in convention by the unani 
 mous consent of the deputies from all the States present, 
 the 17th day of September, A. D. 1787, and of the Inde 
 pendence of the United States of America the twelfth ; 
 the following States being represented : New Hamp 
 shire, Massachusetts, Connecticut. New York, New Jersey, 
 Pennsylvania, Delaware, Maryland, Virginia, North Caro 
 lina, South Carolina, Georgia. 
 
 STATES. The powers not delegated to the United States by the 
 Constitution, nor prohibited by it to tho States, are re- 
 
392 
 
 INDEX. 
 
 10 
 
 11 
 
 11 
 
 served to the States, respectively, or to the people. 
 Amendments ........................................... 
 
 See this power discussed, n. 269. 
 
 STATES. The judicial power of the United States shall not be 
 construed to extend to any suit, in law or equity, com 
 menced or prosecuted against one of the United States by 
 citizens of another State, or by citizens or subjects of any 
 foreign State. Amendments ............................ 
 
 STATES. The thirteenth amendment trenches directly upon the 
 powers of the States and people, n. 274, p. 27& It has 
 done what the several Slates only could have one, n. 274, 
 p. 276. 
 
 STOCKTON, JOHN P., of New Jersey. Ousted from his seat in the 
 Senate because of the mode of election, n. 29, p. 75. 
 
 STOCKTON, KICIIARD, of New Jersey. Signed the Declaration of 
 Independence, p. 7. 
 
 STONE, THOMAS, of Maryland. Signed the Declaration of Inde 
 pendence, p, 7. 
 
 SUBJECTS. The judicial power shall extend to all cases between 
 a State, or the citizens thereof, and foreign States, citizens, 
 or subjects ........................................... 
 
 (See Judicial Power, n. 205.) 
 
 SUBJECTS of any foreign State. The judicial power of the United 
 States shall not be construed to extend to any suit in law 
 or equity, commenced or prosecuted against one of the 
 United States, by citizens of another State, or by citizens 
 or subjects of any foreign State. Amendments .......... 
 
 See this amendment explained, notes 205a, 271. 
 
 SUFFRAGE. No State, without its consent, shall be deprived of its 
 equal suffrage in the Senate ........................... . 
 
 SUITS. In suits at common law, where the value in controversy 
 shall exceed twenty dollars, the right of trial by jury 
 shall be preserved ; and no fact tried by a jury shall be 
 otherwise re-examined in any court of the United States 
 than according to the rules of the common law. Amend 
 ments ................................................ 
 
 See notes 263, 265. 
 
 SUITS. The judicial power of the United States shall not be con 
 strued to extend to any suit, in law or equity, commenced 
 or prosecuted against one. of the United Stales by citizens 
 of another State, or by citizens or subjects of any foreign 
 State. Amendments ...... ____ , ........................ 11 
 
 This article denned and discussed, n 270. 
 
 SUNDAYS excepted. Ten days allowed the President to return a 
 
 bill, resolution, &c ...................................... 1 
 
 There must be ten entire days, n. 69. 
 
 SUPPORT the Constitution. The senators and representatives 
 before mentioned, and the members of the several State 
 legislatures, and all executive and judicial officers, both of 
 the United States and of the several States, shall be bound 
 by oath or affirmation to support this Constitution, &c. . . C 
 
 And to swear allegiance to the government. c. (see 
 Tent Oath), n. 242. Congress has the right to snperadd to 
 the oath, Id. 
 
 SUPRKME COURT. Congress shall have power to constitute tribunals 
 
 inferior to the Supreme Court ......................... 1 
 
 SITPRKME COUKT. (See Appointment of Judge* of, &c.) ........... 2 
 
 SUPREME COUKT. The judicial power of the United States shall be 
 vested in one Supreme Court, and in such inferior courts 
 as the Congress may from time to time ordain and estab 
 lish. The judges, both of the Supreme and inferior courts, 
 shall hold their offices during good behavior, and shall, at 
 stated times, receive for their services a compensation 
 which shall not be diminished during their continuance 
 in office ............... ................................. 3 
 
 Supreme Court defined, n. 195, p. 190. It has original 
 jurisdiction in but two classes of cases, Id. 
 COI:KT. In all cases affecting ambassadors, other public 
 
 Art. set. cl. 
 
 pp. 
 
 45, 269 
 
 46, 2C9 
 
 38,211 
 
 46. 209 
 40, 246 
 
 45, 266 
 
 46, 269 
 
 27,91 
 
 29, 124 
 85,174 
 
 36, ISO 
 
INDEX. 
 
 393 
 
 2 2 3T, 204 
 
 40,24T 
 
 30,104 
 
 81,149 
 40, 246 
 
 3i,ir>o 
 
 23,67 
 
 23, 67 
 
 28,94 
 
 Art. sec. cl. pp. 
 
 ministers, and consuls, and those in which a State shall be 
 
 a party, the Supreme Court shall have original jurisdiction. 
 
 In all the other cases before mentioned, the Supreme 
 
 Court shall have appellate jurisdiction, both as to law and 
 
 fact, with such exceptions, and under such regulations, as 
 
 the Congress shall make 
 
 Its original jurisdiction is exclusive, n. 219. Original 
 
 jurisdiction defined and discussed, n. 219, p. 205. Appel 
 late jurisdiction defined, n. 211. It can only be conferred 
 
 by Congress, n. 211, p. 207. 
 
 SUPREME law of the land. (See Constitution Laws Treaties.) 6 2 
 
 8 WAYNE, NOAH 11. Associate Justice of the Supreme Court, 
 
 n. 197. 
 
 TANEY, ROGER B. Chief-Justice of the Supreme Court, n. 197, 
 
 p. 192. 
 TAX. A tax or duty on imported persons (slaves) might have 
 
 been imposed up to 1808 1 9 1 
 
 TAX. No capitatiou or other direct tax shall be laid, unless in 
 
 proportion to the census or enumeration hereinbefore 
 
 directed to be taken 194 
 
 TAX. No amendment made prior to 1SOS, shall in any manner 
 
 affect the 1st and 4th clauses of the 9th section 5 
 
 TAX. No tax or duty shall be laid on articles exported from, any 
 
 State 1 9 5 
 
 TAXED. Indians not taxed excluded from representative numbers. 123 
 
 Also by Article XIV. n. 275. 
 TAXES, direct, defined, notes 22, 144. How apportioned, notes 93, 
 
 94. Taxs defined, n. 72. The power to lay, n. 73. 
 TAXES. Representative and direct taxes to be apportioned among 
 
 the States according to their respective numbers 128 
 
 Direct taxes, see n. 22. 
 
 TAXES. Congress shall have power to lay and collect taxes 1 8 1 
 
 Taxes under this power defined and discussed, notes 72, 
 
 73. It is co extensive with the territory of the United 
 
 States, n. 73. 
 
 TAYLOR, GEORGE, of Pennsylvania. Signed Declaration of Inde 
 pendence, p. 7. 
 TAYLOR, JOHN W. Speaker of the House of Representatives, 
 
 n. 26. 
 
 TAYLOR, ZACIIARY. President of the United States, n. 166. 
 TAZEWELL, HENRY. President of the Senate, pro tempore, n. 38, 
 
 p. 78. 
 TAZEWELL, LITTLETON W. President of the Senate, pro tempore* 
 
 n. 38, p. 80. 
 
 TELFAIR, EDWARD, of Georgia. Signed the Articles of Confed 
 eration, p. 21. 
 TENDER. No State fhall make any thing but gold and silver coin a 
 
 tender in payment of debts 1 10 1 81,153 
 
 Remarks upon this clause, n. 152. Congress may make 
 
 other things than sold and silver a legal tender, notes 83, 
 
 84, 97. 98, 99. 100, 155. (See Legal Tender.) 
 TENURE of office. Of military officers in time of peace, n. 184, p. 179. 
 
 Persons holding civil offices, how removed, Id. With the 
 
 exception of secretaries, n. 184. p. 179, 1. Power of the 
 
 President to suspend during the recess of the Senate, Id. 2. 
 
 President to designate some person to perform the duties, 
 
 Id. If the Senate refuse to concur. Id. The President may 
 
 revoke the suspension. Id. p. 180. The President s power to 
 
 till vacancies during the recess. Id. 3. And if not con 
 firmed, office to remain in abeyance. Id. Tenure not to be 
 
 extended beyond the term limited by law, n. 184. p. ISO, 
 
 4. Penalty for arcepting office contrary to law, Id.. 5. 
 
 Penalty for removal or employment contrary to law. Id. 
 
 6. Fine and imprisonment, Id. Duty of the secretary 
 
 of the Senate to furnish lists of the rejected, to whom, Id. 
 
 7. Duty of the President to communicate information 
 
 of appointment, n. 1S4, p. 181, S. No payment to persons 
 
394 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 
 appointed contrary to the act, Id. 9. All vouchers and 
 payments forbidden under penalty. Id. 
 
 TKRM of election of representatives in Congress to be chosen 
 
 every two years 1 2 1 22. 56 
 
 TERM of ten years. The census shall be taken within every term 
 
 of ten years subsequent to th<- first 128 28.67 
 
 TERM of citizenship as qualification for a representative in Con 
 gress seven years 122 28,66 
 
 TERM of years. Kepresentative numbers include those persons 
 
 bound to service tor a term of years 1 2 8 23, C7 
 
 TKRM of office of senators in Congress to be chosen for six years. 1 3 1 24,74 
 
 TERM of citizenship as qualification for a senator in Congress nine 
 
 years... 183 24,77 
 
 TERM of office. The President shall hold his office during the 
 term of four years, and the Vice-President chosen for the 
 same term 211 23,162 
 
 TERRITORIES. The organized and inchoate States, n. 231. pp. 239, 
 240. Not States within the meaning of the judicial power 
 and the judiciary act, n. 206. p. 201. Offenses in the or 
 ganized Territories, tried therein, n. 214. Acts of authen 
 tication extended to, n. 219. p. 222, 2. The act is con 
 stitutional, Id. The Territories are States as to fugitive 
 slaves, n. 227, p. 233. .States carved out of Territories, 
 n. 230. They are States within the guaranty of a repub 
 lican form of government, n. 233, p. 242. Their judges are 
 not constitutional, but removable, n. 197. The same duties 
 must be paid in all the States and Territories, n. 81. Ab 
 surdities in relation to, notes 231, 285. 
 
 TEKRITORY. Congress shall exercise exclusive legislation over all 
 places (or territory) acquired for public purposes by ces 
 sion of particular States 1 8 17 
 
 (See District of Columbia, n. 137.) 
 
 TERRITORY. The Congress shall have power to dispose of and 
 make all needful rules and regulations respecting the ter 
 ritory or other property belonging to the United States. 4 8 2 
 
 Territory critically defined, n. 231, p. 238. Applies only 
 to property held at the time, Id. Not to future ac 
 quisitions, "id. p. 230. Congress may punish for offenses 
 within the, notes 91, 280. The Indian country remains a 
 part of the, n. 281, p. 280. The doctrine of power as to, 
 Id. p. 240. Powers denied, Id. The Confederate 
 States Constitution as to, n. 231, pp. 240, 241. 2, 3. " And 
 other property defined" and discussed, n. 232. Of Louisi 
 ana, Florida, California, New Mexico, as to their inhabitants, 
 n. 220. pp. 233, 234, 3-7. The States possess the power 
 to forbid the introduction of certain persons into their 
 territory, n. 221, p. 225. Opposite views as to the power 
 over slavery in the "common territory," n. 222, p. 229. 
 The power to levy taxes is co-extensive with the territory 
 of the United States, n. 73. 
 
 TEST. No religious test shall ever be required as a qualification to 
 
 any office or public trust under the United States 6 8 40, 250 
 
 In what sense this was used. n. 242, p. 251. 
 
 TEST oath required by the act of 1862, n. 242, p. 251. Held un 
 constitutional as to certain attorneys, notes 142, 143, 242. 
 
 TESTIMONY. No person shall be convicted of treason unless on the 
 testimony of two witnesses to the same overt act, or on 
 
 confession in open court 881 88,211 
 
 (See Treason, n. 213.) 
 
 THINGS. No warrants shall issue but upon probable cause, sup 
 ported by oath or affirmation, and particularly describing 
 the place to be searched, and the persons or things to be 
 seized. Amendments 4 44,257 
 
 THOMPSON, SMITH. Associate Justice of the Supreme Court, 
 H. 197, p. 193. 
 
 THREE-FIFTHS of all other persons (slaves) included in representa 
 tive numbers 1 2 8 23,67 
 
 That is, two-fifths of the slaves were excluded, n. 24, p. 68. 
 
INDEX, 
 
 395 
 
 pp. 
 
 40, 240 
 34,167 
 
 31,152 
 81,163 
 
 Art. sec. cL 
 
 TiiREE-ForrRTirs. Amendments to the Constitution must be ratified 
 by the legislatures or conventions of three-fourths of the 
 
 States 5 
 
 Differences of opinion .as to what are three-fourths 
 necessary for the fourteenth amendment, n. 275. 
 
 TIME of choosing electors may be determined by Congress 2 1 8 
 
 TITLE of nobility. No title of nobility shall be granted by the 
 United States ; and no person holding any~office of profit 
 or trust under them, snail, without the consent of the 
 Congress, accept of any present, emolument, office, or 
 title^ of any kind whatever, from any king, prince, or 
 foreign State 1 9 8 
 
 TITLE of nobility. No State shall grant any title of nobility 1 10 1 
 
 Title of nobility defined, n. 151. 
 
 TODD, THOMAS. Associate Justice of the Supreme Court, n, 19T, 
 p. 193. 
 
 TOMPKINS, DANIEL D. Vice-President, n. 87, p. 78. 
 
 TONNAGE. No State shall, without the consent of Congress, lay 
 
 any duty of tonnage 1 10 3 S2,l<51 
 
 Tonnage defined, n. 163. 
 
 TOOMBS, ROBERT, of Ga. Expelled from the Senate, n. 50. 
 
 TRACY, URIAH. President of the Senate, pro tempore, n. 88, 
 p, 78. 
 
 TRAINING the militia The authority of training the militia re 
 served to the States 1 8 16 
 
 This power explained, notes 134, 135. 
 
 TRANQUILLITY. Constitution established to secure domestic tran- 
 
 quiHty. Preamble 
 
 This object defined, n. 9. 
 
 TREASON. For treason a senator or representative may be ar 
 rested 161 
 
 TREASON. All civil officers shall be removed from office on im 
 peachment for, and conviction of, treason, &c. 2 4 1 
 
 TREASON against the United States shall consist only in levying 
 war against them, or in adhering to their enemies, giving 
 them aid and comfort. No person shall be convicted of 
 treason unless on the testimony of two witnesses to the 
 
 same overt act, or on confession in open court 8 3 1 
 
 Treason at common law defined, n. 215. Only defined, 
 Id. The levying war may be under the authority of State 
 governments or confederacy of States, Id. p 211. 
 
 TREASON. The Congress shall have power to declare the punish 
 ment of treason, but no attainder of treason shall work cor 
 ruption of blood or forfeiture, except during the life of 
 
 the person attainted 332 
 
 Punishment defined find acts of Congress quoted, n. 217. 
 
 TREASON. A person charged with treason, and fleeing from one 
 State to another, to be delivered up, on demand, to the 
 State having jurisdiction 4 2 2 
 
 TREASURY. The senators and representatives shall receive a 
 compensation for their services, to be ascertained by law, 
 and paid out of the Treasury of the United States 161 
 
 TREASURY. No money shall be drawn from the Treasury, but in 
 consequence of appropriations made by law ; and a regu 
 lar statement and account of the receipts and expendi 
 tures of all public money shall be published from time to 
 time 1 9 7 
 
 TKKASURY of the United States. The net produce of all duties 
 and imposts, laid by any State on imports or exports, 
 shall be for the use of the Treasury of the United States.. 1 10 2 
 (See Secretary of the Treasury, n. 184.) 
 
 TREATIES. The President shall have power, by and with the 
 advice and const nt of the Senate, to make treaties, pro 
 vided two-thirds of the senators present concur 222 85,174 
 
 Treaty defined, n. 178. p. 175, and note 240. They are 
 contracts, Id. Their interpretation is often political, 
 notes 178, 199. The advice of the Senate, how obtained, 
 n. 17S. 
 
 29, 135 
 22,58 
 
 26,83 
 
 86,185 
 
 88, 211 
 
 88,213 
 
 88,229 
 26,88 
 
396 
 
 INDEX. 
 
 TREATIES. The judicial power shall extend to all cases in law and 
 equity arising under this Constitution, the laws of the 
 United States, and the treaties made, or which shall be 
 made, under their authority ............................. 
 
 This subject critically considered, n. 199, p. 195. 
 
 TREATIES. All treaties made, or which shall be made, under the 
 authority of the United States, shall be the supr. me law 
 of the land ................... ........................ 
 
 Treaties defined, notes 178, 240. How far it binds the 
 nation and is repealable, n. 240. 
 
 TKKATY. No State shall enter into any treaty. . . ................. 
 
 Because it is a national power, n. 152. Treaty defined, 
 notes 178, 199. 240. 
 
 TRIAL. A partv convicted on an impeachment shall nevertheless 
 be liable and subject to indictment, trial, judgment, and 
 punishment, according to law ........................... 
 
 TRIAL by jury. The trial of all crimes, except in cases of im 
 peachment, shall be by jury, and such trial shall be held 
 in the State where the said crimes shall have been com 
 mitted; but when not committed within any State, the 
 trial shall be at euch place or places as the Congress may 
 by law direct ................................... .. ____ .. 
 
 (See Crimes Jury, notes 213, 215.) Trial defined, n. 213, 
 p. 209. 
 
 TRIAL. In all criminal prosecutions, the accused shah enjoy the 
 right to a speedy and public trial, by an impartial jury of 
 the State and district wherein the crime shall have been 
 committed, which district shall have been j>reviously as 
 certained by law. Amendments ......................... 
 
 TEIAL by jury. In suits at common law, where the value in con 
 troversy shall exceed twenty dollars, the right of trial by 
 jury shall be preserved ; and no fact tried by a jury shall 
 be otherwise re-examined in any court of the United 
 States. Amendments ................................... 
 
 (See Common Law, n. 263.) 
 
 TRIBUNALS. Congress shall have power to constitute tribunals in 
 ferior to the Supreme Court ............................. 
 
 The tribunals which have been established under this 
 section, n. 109. 
 When the President of the United States is tried on an 
 
 Art. 
 
 TRIED. 
 TRIED. 
 
 impeachment, the chief-justice shall preside ............. 
 
 "Twice in jeopardy," means that a party shall not bo 
 
 tried a second time, n. 255. 
 TRIMBLE, EGBERT. Associate Justice of the Supreme Court, n. 
 
 197, p. 193. 
 TKOOPS. No State shall, without the consent of Congress, lay any 
 
 duty of tonnage, or keep troops or ships of war, in time 
 
 of peace 
 Tr 
 
 roops defined, n. 164. 
 
 TRUMBULL, JONATHAN. Speaker of the House of Representatives, 
 n. 26. 
 
 TRUST. Judgment, in cases of impeachment, shall not extend 
 further than removal from office, and disqualification to 
 hold an enjoy any office of honor, trust, or profit under 
 the United States ...................................... 
 
 TRUST. No person holding an office of trust or profit under the 
 United States shall be appointed an elector ............. 
 
 TRUST. No n-ligious test shall ever be required as a qualifi 
 cation to any office or public trust under the United 
 States ................................................. 
 
 TRY all impeachments. The Senate shall have the sole power to 
 trv all impeachments ................................... 
 
 (See note 40.) 
 
 TWENTY dollars. In suits at common law, when the value in con 
 troversy shall exceed twenty dollars, the rkht of trial by 
 jury shall be preserved. Amendments .... .............. 
 
 (See Common Law, n. 263.) 
 
 TWO-THIRDS. No person shall bo convicted by the Senate on an 
 
 sec. cl. pp. 
 
 2 1 87, If 4 
 
 2 40, 247 
 10 1 31, 153 
 
 3 7 2^82 
 2 3 37 209 
 
 44 26* 
 
 45 2f,fi 
 8 9 29 124 
 
 36 2{ 8 
 10 3 82, If 
 
 3 7 25, Si 
 1 2 32, 164 
 
 3 40, 250 
 8 6 25, 81 
 
 45, 266 
 
INDEX. 
 
 397 
 
 Art. sec. cl. pp. 
 
 Impeachment without the concurrence of two-thirds of 
 the members present 1 3 6 25.81 
 
 TWO-THIRDS. Each house of Congress may, by the concurrence of 
 
 two-thirds, expel a member 1 5 2 26, 86 
 
 TWO-THIRDS. A bill returned with objections by the President, may 
 be passed bv two-thirds of both houses of Congress, and 
 become a law 1 7 2 27,91 
 
 TWO-THIRDS. Any order, resolution, or vote, to which the concur 
 rence of the Senate and House of Representatives may be 
 necessary (except on a question of adjournment), and re 
 turned with objections by the President, may be re- 
 passed by two-thirds of both houses of Congress 1 7 8 28, 93 
 
 TWO-THIRDS. The President shall have power, by and with the 
 advice and consent of the Senate, to make treaties, pro 
 vided two- thirds of the senators present concur 2 2 2 35, 174 
 
 TWO-THIRDS. The Congress, whenever two-thirds of both houses 
 shall deem it necessary, shall propose amendments to this 
 Constitution 5 40,248 
 
 TWO-THIRDS. On the application of the legislatures of two-thirds 
 of the several States, Congress shall call a convention for 
 proposing amendments to the Constitution 5 40, 240 
 
 TWO-THIRDS. A quorum (of the House of Representatives for tho 
 election of President.) shall consist of a member or mem 
 bers from-two -thirds of the States, and a majority of all 
 the States shall be necessary to a choice. Amend 
 ments 12 1 47,166 
 
 TWO-THIRDS. A quorum (for the election of Vice-President bv the 
 Senate) shall consist of two-thirds of the whole number of 
 senators, and a majority of the whole number shall be 
 necessary to a choice. Amendments 12 1 47,160 
 
 TYLER, JOHN. Vice-President, n. 37. And President, n. 166. 
 
 UNIFORM. All duties, imports, and excises, shall be uniform 
 
 throughout the United States 181 28,94 
 
 Taxes must be uniform, under this clause ; but need r.ot 
 
 be apportioned according to the census, n. 81, p. 102. 
 
 Uniform denned, Id. 
 UNIFORM. Congress shall have power to establish an uniform rule 
 
 of naturalization, and uniform laws on the subject of 
 
 bankruptcies, throughout the United States 1 8 4 28, 112 
 
 To be uniform the power must be exclusive, n. 93. 
 UNION. The doctrines of nullification in regard to, Pref. p. vii. It 
 
 has the inherent powers to make it perpetual, Pref. p. viii. 
 
 Secession tested its strength, Id. xi. Effect of secession upon 
 
 governments firm to the Union, Pref. p. xii. The principle 
 
 upon which West Virginia was admitted into the Union, 
 
 Id. and note 235. The security in the hands of the law- 
 making power, Pref. p. xiii., notes 46. 233, 242, 276. 286. 
 
 Its firm basis, n. 286. Articles of Confederation and per 
 petual union, p. 9. 
 UNION. The Constitution established in order to form a more 
 
 perfect union. Preamble 22, 58 
 
 That is to make it stronger, n. 7. 
 UNION. Representatives and direct taxes shall be apportioned 
 
 among the several States which may be included within 
 
 this Union, according to their respective numbers. &c 1 2 8 23, 67 
 
 UNION. The President shall, from time to time, give to the Congress 
 
 information of the state of the Union, and recommend to 
 
 their consideration such measures as he shall judge 
 
 necessarv and expedient 2 3 1 86. 183 
 
 UNION. New States may be admitted by the Congress into this 
 
 Union : 431 89,244 
 
 See a list, and the dates of the admission of new States, 
 
 n. 230. 
 UMON. The United States shall guarantee to every State in the 
 
 Union a republican form of government 441 89,242 
 
 This guaranty extends to Territories as well as States, 
 
 n.288. 
 
398 
 
 Art. sec. cl. pp. 
 
 UNITED STATES. Declaration of Independence sent to each of the, 
 p. 8. Formed Articles of Confederation, pp. 8, 9. Style of the 
 " United States of America," Art. I. p. 9. Inhibitions 
 upon the States without the consent of, Arts. VI. pp. 11, 
 12, 13. Expenses of war to be borne by. Art. VIII. p. 18. 
 Power and jurisdiction under the Confederation. Ait. IX. 
 pp. 14-19. Committee of the States might exercise the 
 powers of, during recess, Art. X. p. 19. Canada might be 
 admitted into the, Art. X. p. 19. To be liable for bills of 
 credit issued by Congress, Art. XII. p. 19. The States to 
 abide by the determination of, Art. XIII. p. 20. 
 UNITED STATES, or government of the United States. We the 
 people of the United States, &c., do ordain and establish 
 this Constitution for the United States of America. 
 
 Preamble 22,53 
 
 (See America Government People, notes 1-18.) 
 UNITED STATKS. All legislative powers herein granted shall be 
 
 vested in a Congress of the United States Ill 22,58 
 
 (See Legislative Power, notes 14, 15.) 
 
 UNITED STATKS. No person shall be a representative who shall 
 not have attained the age of twenty-five years, and been 
 
 seven years a citizen of the United States 122 23,66 
 
 (See Qualifications, notes 19, 20, 46.) 
 
 UNITED STATKS. The Senate of the United States shall be com 
 posed of two senators from each State 131 24,74 
 
 (See Senators, n. 28.) 
 
 UNITED STATES. No person shall be a senator who shall not have 
 attained to the age of thirty years, and been nine years a 
 
 citizen of the United States.... 133 24,74 
 
 (See Qualifications, notes 35, 46.) 
 
 UNITED STATES. Judgment in cases of impeachment shall not ex 
 tend further than to removal from office, and disqualifica 
 tion to hold and enjoy any office of honor, trust, or profit, 
 
 under the United States 1 3 7 25,82 
 
 Doubtful if it can be less. (See Impeachment, n. 40.) 
 UNITED STATES. The senators and representatives shall receive a 
 compensation for their services, to be ascertained by law, 
 
 and i .aid out of the treasury of the United States 1 6 1 26, 83 
 
 (See Compensation.) 
 
 UNITED STATKS. No senator or representative shall, during the 
 time for which he was elected, be appointed to any civil 
 office under the authority of the United States, which shall 
 have been created, or the emoluments whereof shall have 
 been increased, during such time; and no person holding 
 any office under the United States shall be a member of 
 
 either house during his continuance in office 1 6 2 27,90 
 
 (See Office*, n. 63.) 
 UNITED STATKS. Congress shall have power to provide for the 
 
 common defense and general welfare of the United States. 181 28, 94 
 
 (See Common, Defence and General Welfare, notes 
 9, 79, 80.) 
 UNITED STATES. All duties, imposts, and excises shall be uniform 
 
 throughout the United States 1 S 1 28,94 
 
 (See Duties, notes 81, 144.) 
 
 UNITED STATES. Congress shall have power to establish an uniform 
 rule of naturalization, and uniform laws on the subject of 
 
 bankruptcies throughout the United States 1 8 4 29, 112 
 
 (See Naturalization Bankruptcies, notes 93-96.) As 
 to the effect of naturalization, see n. 274. 
 
 UNITED STATKS. Congress shall have power to provide for the 
 punishment of counterfeiting the securities and current 
 
 coin of the United Suites.... 1 S 6 29,118 
 
 (See Counterfeiting, n. 103.) 
 UNITED STATKS. Establishment of tlu. seat of government of the 
 
 United States 1 8 17 30,136 
 
 (See District of Columbia Forts Arsenals, notes 136, 
 137.) 
 UNITED STATES. Congress shall have power to make all laws which 
 
ItfDEX. 
 
 Art. sec. cl. pp. 
 
 shall be necessary atfft proper for carrying into execution 
 the foresoing powers, and all other powers vested by this 
 Constitution in the government of the United States, or 
 
 in any detriment < r^office thereof 1 8 IS 80, 133 
 
 (See Laws Powers, notes 138, 268, 269, 274. 
 UNITED STATES. No title of nobility shall be grunted by the United 
 
 States 1 9 8 31,152 
 
 (Sec Nobility, notes 150, 151.) 
 UMTKP STATES Treasury. (See Treasury.) 
 
 UNITED STATES. No State shall, without the consent of Congress, 
 lay any imposts or duties on imports or exports, except 
 what may be absolutely necessary for executing its inspec 
 tion laws, and the net produce of all duties and imposts 
 laid by any State on imports or exports shall be for the 
 use of the Treasury of the United States, and all such laws 
 shall be subject to the revision and control of the Con 
 gress 1 10 2 32,161 
 
 (See States Duties Imposts, notes 162-165.) 
 For these inhibitions see the Articles of Confederation, 
 Art. VI. pp. 11-13. 
 
 UNITED STATES. The executive power shall be vested in a Presi 
 dent of the United States of America. 211 82,162 
 
 (See Executive Power, n. 165.) List of Presidents, n.166. 
 
 UNITED STATES. No senator or representative, or person holding 
 
 an office of trust or profit under the United States, shall be 
 
 r>ppoi n ted an elector of President and Vice-President 212 82,16-4 
 
 UNITED STATES. The time of choosing electors shall be the same 
 
 throughout the United States 213 84,167 
 
 Time fixed, n. 16Sc. 
 
 UNITED States. No person except a natural born citizen, or citizen 
 of theUnited States at the time of the adoption of tha 
 Constituton, nor unless he shall have attained the age of 
 thirty-five vears, and been fourteen years a resident of the 
 
 United States, shall be President of the, United Statvs 214 34,169 
 
 (See Qualification, n. 170.) 
 
 UNITED STATES. The President shall be commander-in-chief of the 
 army and navy of the United States, and of the militia of 
 the several States, when called into actual service of the 
 
 United States 221 35,171 
 
 (See Commander -in- Chief, n. 175.) 
 
 UNITED STATES. The President shall have power to grant reprieves 
 and pardons for offenses against the United States, except 
 
 in cases of impeachment 221 35,171 
 
 (See Reprieves Pardons, n. 177.) 
 
 UNITED STATES. The President shall nominate, and, by and with 
 the advice and consent of the Senate, appoint officers of 
 the United States, whose appointments are not herein 
 otherwise provided for, and which shall be established by 
 
 law . 2 2 2 85,174 
 
 (See Appointments, notes 179-184 : Tenure of Office, 
 n. 184.) 
 UNITED STATES. The President shall commission all officers of the 
 
 UnitedStates 2 3 86,183 
 
 (See Commission, n. 190.) 
 
 UNITED STATES. The President, Vice-President, and all civil 
 officers of the United States, shall be removed from office 
 on impeachment for, and conviction of, treason, bribery, or 
 
 other high crimes and misdemeanors 2 4 86,185 
 
 (See Iinpeachment, notes 192-194.) 
 
 UNITED STATES. The judical power of the United States, shall be 
 vested in one Supreme Court, and in such inferior courts 
 as the Congress may from time to time ordain and estab 
 lish : 3 1 86,189 
 
 (See Judicial Power, notes 19.5-198.) 
 
 UNITEDSTATES. The judicial power shall extend to all contro 
 versies to which the United States shall be a party 8 2 1 87, 194 
 
 UNITED STATES. The judicial power shall extend to all cases in 
 law and equity, arising under this Constitution, the laws 
 
400 
 
 INDEX. 
 
 Art. aec. cl. pp. 
 
 of the United States, and treaties made, or which shall be 
 
 made, under their authority 3 2 1 87,194 
 
 See (Judicial Power, notes 199-209.) 
 UNITED STATES. Treason against the United States shall consist 
 
 onl} r in levying war against them, or in adhering to their 
 
 enemies, giving them aid and comfort 3 3 1 33,211 
 
 (See Treason, notes 2 11-2 14.) 
 UNITED STATES. The Congress shall have power to dispose of and 
 
 make all needful rules and regulations respecting the ter 
 ritory or other property belonging to the United States; 
 
 and nothing in this Constitution shall be so construed as 
 
 to prejudice any claims of the United States, or of any 
 
 particular State 482 39,238 
 
 (See Territories, notes 231, 232.) 
 UNITED STATES. The United States shall guarantee to every State 
 
 in this Union a republican form of government, and shall 
 
 protect each of them against invasion; and on application 
 
 of the legislature, or of the executive (when the legisla 
 ture cannot be convened), against domestic violence 4 4 89,242 
 
 (See Guaranty " Republican form of Government" 
 
 n. 233. Invasion, n. 234. Domestic. Violence, n. 235.) 
 UNITED STATES. All debts contracted, and engagements entered 
 
 into, before the adoption of this Constitution, shall be as 
 
 valid against the United States under this Constitution as 
 
 under the Confederation 6 1 40, 24T 
 
 (See Debts, n. 237.) 
 UNITKD STATES. This Constitution, and the laws of the United 
 
 States which shall be made in pursuance thereof, and all 
 
 treaties made, or which shall be made, under the authority 
 
 of the United States, shall be the supreme law of the land. C 2 40,247 
 
 See the article defined and discussed, notes 28S. 241. 
 UNITED STATES. The senators and representatives before men 
 tioned, and the members of the several State legislatures, 
 
 and all executive and judicial officers, both of the United 
 
 States and of the several States, shall be bound by oath or 
 
 affirmation, to support this Constitution ; but no religious 
 
 test shall ever be required as a qualification to any office 
 
 or public trust under the United States 6 8 41,250 
 
 (See Oath, n. 242.) 
 UNITED STATUS Court. In suits at common law, where the value in 
 
 controversy shall exceed twenty dollars, the right of trial 
 
 by jury shall be preserved; and no fact tried by a jury 
 
 shall be otherwise re-examined in any court of the United 
 
 States than according to the rules of the common law. 
 
 Amendments 7 45,266 
 
 See this article discussed, notes 263-265, and n. 205. 
 UNITED STATES. The powers not delegated to the United States 
 
 by the Constitution, nor prohibited by it to the States, are 
 
 reserved to the States, respectively, or to the people. 
 
 Amendments 10 45,269 
 
 (See Powers, notes 138, 209, 274.) 
 UNITED STATES. The judicial power of the United States shall not 
 
 be construed to extend to any suit in law or equity com 
 menced or prosecuted against one of the United States by 
 
 citizens of another State, or by citizens or subjects of any 
 
 foreign State. Amendments 11 46,269 
 
 (See Law and Equity, notes 270. 2T2, and n. 205a.) 
 UNITED STATES. The list of votes for President and Vice Presi 
 dent shall be transmitted to the seat of the government 
 
 of the United States. Amendments 12 46.164 
 
 UNITKD STATKS. Neither slavery nor involuntary servitude, except 
 
 as a punishment for crime, whereof the party shall have 
 
 Wen duly convicted. shall exist within the United States 
 
 or any pfaje subject to llu-ir juri.-diotion. Amendments.. 13 1 48,271 
 
 (See Citizen* Slavery, n. 174.) 
 UITEL STATES. AH persons born or naturalized in the United 
 
 States, and subject to the jurisdiction thereof, are citizens 
 
 of the United States and of the State wherein they reside. 
 
INDEX. 401 
 
 Art. sec. cl. pp. 
 
 No State shall make or enforce any lavr which shall 
 abridge the privileges or immunities of citizens of the 
 United States; nor shall any State deprive any person of 
 life, liberty, or property without due process of law, nor 
 deny to any person within its jurisdiction the equal pro 
 tection of the laws. Amendments 14 1 48,279 
 
 (See Citisens Naturalization Slavery, n. 274.) 
 UNITED STATES. Representatives shall be apportioned among the 
 several States according to their respective numbers, 
 count ng the whole number of persons in each State, 
 excluding Indians not taxed. But when the right to 
 vote at any election for the choice of electors for Presi 
 dent and Vice- President of the United States, representa 
 tives in Congress, the executive and judicial officers of 
 a State, or the members of the legislature thereof, is 
 denied to any of the male inhabitants of such State, 
 being twenty one years of age, and citizens of the United 
 States, or in any way abridged, except for participation in 
 rebellion or other crime, the basis of representation 
 therein shall be reduced in the proportion which the 
 number of such male citizens shall bear to the whole 
 number of male citizens twenty -one years of age in such 
 State. Amendments 14 2 48,279 
 
 See notes 276-277. 
 
 UNITED STATES. No person shall be a senator or representative 
 in Congress, or elector of Presi-ient and Vice-President, 
 or hold any office, civil or military, under the United 
 States, or under any State, who, having previously taken 
 an oath, as a member of Congress, or as any officer of the 
 United States, or as a member of any State legislature, or 
 as an executive or judicial officer of any State, to support 
 the Constitution of the United States, bhall have engaged 
 in insurrection or rebellion against the same, or given aid 
 or comfort to the enemies thereof. But Congress may. by 
 vote of two-thirds of each house, remove such disability. 
 Amendments 14 3 49,279 
 
 Sec this section discussed, n. 281. 
 
 UNITED STATES. The validity of public debt of the United States, 
 authorized by law, including debts incurred for payment 
 of pensions and bounties for services in suppressing insur 
 rection or rebellion shall not be questioned. But neither the 
 United States nor any State shall assume or pay any debt 
 or obligation incurred in aid of insurrection or rebellion 
 against the United States, or any claim for the loss or 
 emancipation of any slave ; but all such debts, obligations, 
 and claims shall be held illegal and void. Amendments.. 14 4 49,280 
 
 See this discussed, n. 282. 
 
 UNUSUAL punishments. Excessive bail shall nor, be required nor 
 excessive fines imposed, nor cruel and unusual punish 
 ments inflicted. Amendments 8 45, 26 
 
 (See Sail Fines, notes 266, 267.) 
 
 VACANCIES. When vacancies happen in the representation from 
 any State, the executive thereof shall issue writs of elec 
 tion to fill them 1 2 4 23, 72 
 
 Action of the executive; how vacancies are created; 
 acceptance of an incompatible office on absolute determi 
 nation of the first, n. 25. 
 
 VACANCIES. If vacancies happen, by resignation or otherwise, in 
 the seats of senators, during the recess of the legislature of 
 any State, the executive thereof may make temporary ap 
 pointments, until the next meeting of the legislatures, 
 
 which shall then fill such vacancies 1 3 2 24, 76 
 
 In what manner vacated, 11. 32. The executive cannot 
 fill a prospective vacancy, n. 83. 
 
 VACANCIES. The President shall have power to fill up all vacan 
 cies that may happen during the rucc&s of the Senate, by 
 
402 
 
 INDEX. 
 
 Art. sec. cl. pp. 
 granting commissions which shall expire at the end of 
 
 their next session 223 30,182 
 
 This clause discussed; various opinions; how the 
 vacancy may occur ; that may happen " defined; limi 
 tation of the power ; may act on the neglect of the 
 Senate, n. 185. Length of the commission ; the concur 
 rence of the Senate at the expiration of former commis 
 sion makes a uew appointment, n. 186. 
 
 VALIDITY of contracts or engagements. All debts contracted, and 
 engagements entered "into, before the adoption of this 
 Constitution, shall be as valid against the United States 
 
 under this Constitution, as under the Confederation 6 1 40, 247 
 
 A principle of moral obligation, n. 237. 
 VALUE. Congress shall have power to coin money, regulate the 
 
 value thereof, and of foreign coin 185 29,114 
 
 " To coin " denned ; a treasury note only a promise to 
 pay money; "currency" is not "money;" a contract 
 satisfied by payment o f legal tender, n. 97. "Money" 
 defined ; coin has no pledge of redemption, n. 98. Regu- 
 late the value defined; vested exclusively in Congress, 
 n. 99. Restrictions as to legal tender ; intrinsic valuo of no 
 consequence, n. 100. 
 
 VALUE in controversy. In suits at common law, when the valuo 
 in controversy shall exceed twenty dollars, the right of 
 
 trial by jury shall be preserved, &c. Amendments 7 45, 266 
 
 " Suits at common law " defined ; limitation of the 
 phrase; "common law" defined; trial by jury, for 
 whose benefit, n. 263. 
 
 VAN BTTREN, MARTIN. President of the United States, n. 166. 
 VAN DVKK, NICHOLAS, of Delaware. Signed Articles of Confed 
 eration, p. 21. 
 
 VARNUM, JOSEPH B. Speaker of the House of Representatives, 
 n. 26. And President of the Senate, pro tentpore, n. 38, 
 p. 79. 
 
 VERMONT. Qualifications for suffrage in, n. 17. Number of repre 
 sentatives, n. 24. Population in each decade, n. 24, pp. 
 69. 70. Assigned to second judicial circuit, n. 197. Ad 
 mitted into the Union, n. 250. Ratified the thirteenth 
 amendment, n. 274; the fourteenth, n. 275. 
 
 VESSSLS. No preference shall be given by any regulation of 
 commerce or revenue to the ports of one State over those 
 of another; nor shall vessels bound to or from one State 
 
 be obliged to enter, clear, or pay duties in another 1 9 6 81, 151 
 
 "Preference" defined, n. 147. The coasting trade, 
 n. 148. 
 
 VEST. Congress may by law vest the appointment of such 
 inferior offices as they think proper in the President 
 alone, in the courts of law, or in the heads of depart 
 ments 2 2 85,174 
 
 Clerks of court and commissioners of bail are such offi 
 cers, n. 183. 
 
 VESTED in the government. Congress shall have power to make all 
 laws which shall be necessary and proper for carrying into 
 execution the foregoing powers, and all other powers 
 vested by this Constitution in the government of the 
 
 United States, or in any department or office thereof 1 8 18 80, 138 
 
 " Necessary 1 defined ; not synonymous with " absolutely 
 
 necessary;" Congress must judge of the means to effect 
 
 the end; "power" defined, full import of the clause; 
 
 "proper" defined ; incidental powers, n. 138, p. 139. 
 
 VESTED in a President. The executive power shall be vested In a 
 
 President of the United States of America 211 82,162 
 
 Object of an executive department ; definition and 
 limitation of executive power, n. 165. List of Presidents, 
 
 (See President.) 
 
 VESTED in one Supreme Court The judicial power of the United 
 States shall be Tested in one Supreme Court, and in such 
 
INDEX. 
 
 403 
 
 Art. sec. cl. 
 
 Inferior courts as the Congress may from time to time 
 
 ordain and establish ....... . , ............................ 31 
 
 "Judicial power" defined and discussed; "shall be 
 vested" defined; divisions of power; Supreme Court 
 defined, n. 195. Inferior courts, n. 196. List of Justices 
 of the Supreme Court, n. 197, pp. 191-194. 
 
 (See Supreme Court.) 
 
 VESTED in a Congress. All legislative powers herein granted shall 
 be vested in a Congres s of the United States, which shall 
 consist of a Senate and a House of Representatives ....... Il 
 
 Legislative power" defined, n. 14. Congress defined ; 
 the division of Congress discussed, n. 15. 
 
 VESTED rights. (See Contract, notes 152-160. See Senate, and 
 House of Representatives.) 
 
 VETO power of the President. (Ace President.) .................. 17 
 
 "Veto power" defined; objects of; infrequency of use 
 in former times; President Jackson s vetoes ; President 
 Folk s vetoes; President Johnson s vetoes; u Freedman 1 3 
 Bureau Bill " successfully vetoed.; "Civil Eights Bill" and 
 Reconstruction acts vetoed, n. 67, p. 92. President John 
 son s opinion as to unconstitutionulity of the various 
 vetoed acts ; " two-thirds defined ; decision of the Senate 
 on a " quorum," n. 68. The President must receive the 
 bill ten entire days before adjournment, or else it does not 
 become law, n. 69. 
 
 VICE-PRESIDENT shall have no vote in the Senate unless they be 
 equally divided, or when he shall exercise the office of 
 President of the United States .......................... 13 
 
 List of Vice-Presidents, n. 37. 
 
 VICE-PRESIDENT. The Senate shall choose a President pro tempore 
 
 in the absence of the ................................... 13 
 
 List of presiding officers, n. 38 
 
 VICE-PRESIDENT. The President shall hold his office during the 
 term of four years, and, together with the Vice-Presi 
 dent, chosen for the same term, be elected as follows. 
 Amendments ........................................... 12 
 
 VICE-PRESIDENT of the United States. Qualification required as 
 
 Vice-President same as for President of the United States. 12 
 
 VICE-PRESIDENT. In case of the removal of the President from 
 office, or of his death, resignation, or inability to discharge 
 the powers and duties of the said office, the same shall 
 devolve on the Vice-President; and the Congress may by 
 law provide for the case of removal, death, resignation, 
 or inability, both of the President and Vice-President, de 
 claring what officer shall then act as President, and such 
 officer shall act accordingly, until the disability be re 
 moved, or a President shall be elected .................. 2 
 
 List of Vice-Presidents, who have become Presidents, 
 n. 172. 
 
 VICE-PRESIDENT shall be removed from office on impeachment for, 
 and conviction of, treason, bribery, or other high crimes 
 and misdemeanors ..................................... 2 
 
 (See Impeachment, notes 39, 40, 191-194.) 
 
 VICE-PRESIDENT of the United States. Election of Vice-President 
 
 of the United States. Amendments .................. ... 12 
 
 (See Election.) 
 
 VICE-PRKSIDENT. The lists of votes of electors of President and 
 Vice-President shall be directed to the president of the 
 Senate. Amendments ................... .............. 12 
 
 VICE-PRESIDENT. The president of the Senate shall, in presence of 
 the Senate and House of Representatives, open all the 
 certificates of the electors of President and Vice-President 
 of the United States. Amendments ..................... 12 
 
 VICE-PEESIDENT. If the House of Representatives shall not choose 
 a President whenever the risht of choice shall devolve 
 upon them, before the 4th day of March next following, 
 then tho Vice-President shall act as President, as in the 
 
 pp. 
 
 86,189 
 
 22,58 
 
 2 27,91 
 
 24,77 
 24,78 
 
 46,164 
 47, 166 
 
 84,169 
 
 36,185 
 4(i,164 
 
 46,164 
 46,164 
 
404 INDEX. 
 
 Art. sec. cl. pi. 
 
 case of the death or other constitutional disability of the 
 
 President. Amendments 12 I 40, 1G4 
 
 ViCE-PKEsiuE\<r. The person having the greatest number of votes 
 
 as Vice-President shall be the Vice- Presi< lent. if such 
 
 number bo a majority of the whole number of electors 
 
 appointed; and if no person have a majority, then, fioin 
 
 tlie t\\o hisrhest numbers on the list, the "Seriate shall 
 
 choose the Vice-President: a quorum for the purpose shall 
 
 consist of two-thirds of the whole number of senators, and 
 
 a majority of the whole number shall be necessary to a 
 
 choice. Amendments 12 2 47, 166 
 
 VICE-PRESIDENT. But no person, constitutionally ineligible to the 
 
 office of President, shall be eligible to that of Vice-Presi 
 dent of the United States. Amendments 12 3 47, 166 
 
 VIOLATED. The right of the people to be secure in their persons, 
 
 houses, papers, and effects, against unreasonable searches 
 
 and seizures, shall not be violated. Amendments 4 44, 267 
 
 (See HousesSearches, n. 251, 252.) 
 VIRGINIA. Signed the Declaration of Independence, p. 7. One of 
 
 the Confederation, p. 9. Signed Articles of Confederation, 
 
 p. 21. Signed Constitution of the United States, pp, 41, 42, 
 
 252. Qualifications for suffrage, n. 17. 
 VIRGINIA. Entitled to ten representatives in the first Congress 1 2 3 23, G7 
 
 Eleven representatives by the census of 1860 (now 
 ight), n. 24. Population of, "in several decades, n. 24, pp. 
 ), 70. Assigned to fourth .indicia! circuit, n. 197, p. 193. 
 
 History of, during the rebellion, n. 235. West Virginia 
 carved out of Virginia, notes 24. 230, 235, 276. Ratified 
 the thirteenth amendment, n. 274 Rejected the four 
 teenth, n. 275. One of the rebel States, n. 277. 1. Its 
 government declared provisional, n. 276, p. 286, 1. Num 
 ber of the registered voters in, n. 278. 
 
 VIVA voce vote. The senators shall be elected by, n. 80. 
 
 VOTE. The senators shall be elected by a viva voce vote, n. 30. 
 
 VOTE. Each senator shall have one 1 3 1 24, 74 
 
 VOTE. The Vice-President shall have no vote unless the Senate 
 
 be equally divided 1 3 4 24,77 
 
 VOTE. Every vote to which the concurrence of the Senate and 
 House of Representatives may be necessary (except on a 
 question of adjournment), shall be presented to the Presi 
 dent. (See Resolution.} 173 28,93 
 
 VOTE. But when the right to vote at any election for the choice 
 of electors for President and Vice-President of the United 
 States, representatives in Consress, the executive and 
 judicial officers of a State, or the members of the legis 
 lature thereof, is denied to any of the male inhabitants of 
 such State, being twenty one years of age, and citizens of 
 the United States, or in any way abridged, except for par 
 ticipation in rebellion or other crime, the basis of repre 
 sentation therein shall be reduced in the proportion in 
 which the number of such male citizens shall bear the 
 whole number of male citizens twenty-one years of age in 
 such State. Amendments 14 2 48,279 
 
 VOTES in the two houses of Congress, on passage of any bill, 
 order, resolution, or vote, returned with objections by the 
 
 President, shall be taken by yeas and nays 1 7 2A.3 27,91 
 
 The bill must be returned in ten days; "veto" de 
 fined, n. 67. Various vetoes cited, n. 67. 
 
 VOTES of electors of President and Vice-President. Place and 
 manner of giving the votes. Lists of votes to be made, 
 signed, certified, transmitted sealed to the seat of govern 
 ment, directed to the president of the Senate, to be opened 
 and counted by that officer in the presence of the Senate 
 and House of Representatives. The number necessary to 
 a choice. The day on which electoral votes shall be 
 given throughout the United States. Amendments 12 1 46, 1G4 
 
 VOTES taken by States. In choosing the President by the House 
 of Representatives, the votes shall be taken by States, the 
 
INDEX. 
 
 405 
 
 representation from each State having one vote. Amend 
 ments .......................... ....................... 
 
 VOTES in the rebel States upon their new constitutions, n. 276, 
 p. 283, 5. How to be expressed, Id. p. 2S4, 3. List of, to 
 be kept, n. 276, p. 2S5, 4. 
 
 Art. sec. cl. 
 12 1 
 
 pp. 
 46,164 
 
 President of the Senate, pro temper t, n. 38, 
 Signed Declaration of Independ 
 
 WADE, BENJAMIN. 
 
 p. 81. 
 WALTON, GEORGE, of Georgia. 
 
 ence, p. 7. 
 WALTON, JOHN, of Georgia. Signed Articles of Confederation, 
 
 &21. 
 ngress shall have power to declare war, grant letters of 
 marque and reprisal, and make rules concerning captures 
 on land and water ...................................... 
 
 "War" defined, and how declared with Great Britain, 
 France, Mexico, Ac., n. 117. "Civil war" defined ; effect 
 of war upon citizens; President s powers during war, 
 n. 118. "Marque" defined, n. 120. "Reprisal" defined, 
 n. 121. Effects of war upon the qualifications of members 
 of Congress, n. 46. 
 
 WAR. Congress shall have power to make rules ("rules and 
 articles of war") for the government of the land and 
 naval forces ............................ ............... 
 
 "To make rules" defined; whereto be found, n. 129. 
 
 WAR. No State shall, without the consent of Congress, engage in 
 war unless actually invaded, or in such imminent dancer 
 as will not admit of delay ............................... 
 
 WAR. Treason against the United States shall consist only in 
 levying war against them, or in adhering to their enemies, 
 giving them aid and comfort ........ ...... .............. 
 
 " Treason " defined, n. 215. An actual levying of war 
 necessary; no conviction unless presence at; levying 
 proved; "levying war" defined, n. 215. 
 
 WAK. No soldier shall be quartered in any house in time of war, 
 but in a manner to be prescribed bylaw. Amendments.. 
 "Soldier" defined ; "quartered" defined, n. 250. Object 
 of the provision. "Owner 11 defined, n. 250. 
 
 WAK. No person shall be held to answer for a capital or other 
 wise infamous crime, unless on a presentment or indict 
 ment of a grand jury, except in cases arising in the land 
 or naval forces, or in the militia when in actual service, in 
 time of war or public danger. Amendments ............ 
 
 " Capital or infamous crime " defined ; " presentment, 1 
 "indictment, 1 "grand jury," defined; military juris 
 diction, notes 253, 254. 
 
 WARRANTS. No warrants shall issue but upon probable cause, 
 supported by oath or affirmation, and particularly describ 
 ing the. place to be searched, and the persons or things to 
 be seized. Amendments ................................ 
 
 "Warrant" defined; limitation of, n. 252. 
 
 WASHINGTON, BUSUROD. Associate Justice of the Supreme Court, 
 n. 197, p 193. 
 
 WASHINGTON, GEORGK, of Virginia. President of the Convention ; 
 signed the Constitution, pp. 41, 252. President of the 
 United States, n. 166. Delivered his first message to 
 Congress orally, n. 187. 
 
 WAYNE, JAMES M. Associate Justice of the Supreme Court, n. 
 197, p. m 
 
 WE the people establish this Constitution. Preamble ............ 
 
 " We the people" defined ; synonymous with - citizens; 1 
 not a majority ; negroes not included, but made citizens 
 by Civil Rights Bill, n. 6. 
 
 WEIGHTS and measures. Congress shall have power to fix the 
 standard of weights and measures ...................... 
 
 "Fix" defined; "standard" defined, n. 101. Standard 
 pound of United States, how, and how often, regulated ; 
 standard of spirit weight ; act to authorize metric system; 
 
 8 11 29,127 
 
 1 8 14 29,133 
 
 10 
 
 38 
 
 32, 161 
 38, 211 
 
 44,256 
 44, 25S 
 44,257 
 
 9,114 
 
406 INDEX. 
 
 Art, sec. el. pp. 
 
 metric measures of length, surface capacity, -weight, 
 n. 103, pp. 116-1 IS. 
 
 WELFARE. Constitution established to promote the general welfare. 
 
 Preamble 22, 53 
 
 This phrase defined ; date of insertion, n. 11. One of 
 the enumerated powers of Congress ; Story s definition of 
 the phrase, n. 80. 
 
 WELFARE. Congress shall have power to promote the general 
 
 welfare 181 28,94 
 
 Defined; Judge Story s explanation ; the poicer and the 
 purpose discriminated; limitation of the power, n. 80. 
 
 WENTWOKTH, Jr., JOHN, of New Hampshire. Signed the Articles 
 of Cenfederation, p. 21. 
 
 WEST Viur.iNi A. Qualifications for suffrage in, n. 17. Three repre 
 sentatives, n. 24. Assigned to fourth judicial circuit, 
 n. 197. Carved out of Virginia, n. 235. Its conduct during 
 the war, Id. Ratified the thirteenth amendment, n. 274 ; 
 the fourteenth, n. 275. 
 
 WHIPPLE, WILLIAM, of New Hampshire. Signed Declaration of 
 Independence, p. 7. 
 
 WILLIAMS. JOHN, of North Carolina. Signed the Articles of Con 
 federation, p. 21. 
 
 WILLIAMS, WILLIAM, of Connecticut. Signed Declaration of Inde 
 pendence, p. 7. 
 
 WILLIAMSON, Hu., of North Carolina. Signed the Constitution, 
 pp. 42, 252. 
 
 WILSON, JAMES, of Pennsylvania. Signed the Constitution, pp. 
 42, 252. 
 
 WINTHROP. ROBERT C. Was Speaker of the House of Represen 
 tatives, n. 26. 
 
 WISCONSIN. Qualifications for suffrage, n. 17. Six representatives 
 n. 24. Population in each decade, n. 24, pp. 69, 70. As 
 signed to seventh judicial circuit, n. 197, p. 192. Ad 
 mitted into the Union, n. 230. Ratified the thirteenth 
 amendment, n. 274; the fourteenth, n. 275. 
 
 WITHEKSPOON, JOHN, of New Jersey. Signed Declaration of 
 Independence, p. 7. And the Articles of Confederation, 
 p. 21. 
 
 WITNESS against himself. Nor shall any person be compelled, in 
 any criminal case, to be a witness against himself. Amend 
 ments 5 41,258 
 
 This would be contrary to republican principles ; con 
 fined to criminal cases, n. 256. 
 
 WITNESSES against him. In all criminal prosecutions, the accused 
 to be confronted with the witnesses against him. Amend 
 ments 6 45, 2(53 
 
 "Accused" defined, n. 260. 
 
 WITNESSES in his favor. In all criminal prosecutions, the accused 
 to have compulsory process for obtaining witnesses in his 
 
 favor. Amendments 6 45,263 
 
 "Compulsory process" defined, n. 261. 
 
 WITNESSES. No person shall be convicted of treason, unless on 
 the testimony of two witnesses to the same overt act, or 
 
 on confession in open court 881 38,211 
 
 Refers to proofs on trial, and not to preliminary hearing ; 
 "overt act treason " defined, n. 216. 
 
 WOI.COTT. OLIVEK, of Connecticut. Signed Articles of Confedera 
 tion, p. 21. 
 
 WUIT of habeas corpus. The privilege of the writ of habeas 
 corpus shall not be suspended unless, when in cases of 
 
 rebellion or invasion, the public safety may require it 1 9 2 80, 140 
 
 "Privilege" defined; Bates s opinions on President s 
 suspension of the writ, n. 140. Habeas corpus ; defined ; 
 the. President not amenable to the writ; a writ of uni 
 versal risiht ex merito jimtitice, ; when first suspended; 
 W lien the lederal courts may issue the writ; the power 
 ol the State, courts to issue, n. 141, pp. 141, 142. Can only 
 bo fcusptsuded by act of Congress. The power of tho Stato 
 
INDEX. 407 
 
 Art. BOG. cl. pp. 
 
 courts over persons held in military service discussed ; 
 ruling in Vallandisrhain s case; act of 3d March, sus 
 pending the writ; President s proclamation, n. 141, p. 143. 
 Invalidity of the writ in Mrs. Surratt s case; suspension 
 of the writ does not authorize arrest, but denies the writ 
 to the prisoner; this denied in contempt cases, n. 141, 
 p. 144. Minors above eighteen may enlist in the navy with 
 out consent of parents or guardians; Stanbery s opinion 
 in G-ormley s case ; demarcation between the powers of 
 the United States and the State courts; the whole sub 
 ject discussed, n. 141, pp. 141-146. 
 (See Habeas Corpus.) 
 
 "WRIT of right. The habeas corpus is a, n. 141. 
 
 WRITINGS. Exclusive right to writings may be secured by authors 
 
 for a limited time 188 29,121 
 
 Object of this power of Congress; "author" defined; 
 copyrights, how secured ; limitation of the power, 10T. 
 
 WYTDB, GEORGK, of Virginia. Signed the Declaration of Inde 
 pendence, p. a 
 
 YEAS and nays of the members of either house of Congress, on 
 any question, shall, at the desire of one-fifth of those 
 
 present, be entered on the journal 1 5 8 26,87 
 
 " Yeas and nays 11 defined, n. 51, p. 83. 
 
 YEAS and nays. Votes in the two houses of Congress, on passage 
 of any bill, order, resolution, or vote, returned with ob 
 jections by the President, shall be taken by yeas and 
 
 nays /. 1 T 248 27,91 
 
 (See Veto Votes.) 
 
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