ing, 41, 42; prostration under, 51, 52, 206; commerce under, 209, 210;
territories under, 306, 307. (See ARTICLES OF CONFEDERATION.)
CONFISCATION, as a war measure, 290, 291.

CONGRESS, tendency of to enlarge its powers, 118, 119; division of
into two houses, 120; President really a third branch, 120; benefits of
this form, 121; ideas underlying the organization, 121; ideas borrowed
from England, 121; power over election of members, 131; - over
qualification of electors, 131: time of meeting of, 137, 138; sessions of,
138; quorum of, 138; qualifications of members of each house, 138,
139; power of each house of, over its own members, 139; journal of
each house of, 139; yeas and nays in, 139: members of exempt from
arrest, 140; — compensation of, 140; - members disqualified from
holding certain offices, 140, 141. President independent of, 417. (See
DEPARTMENTS, Legislative Powers, War POWERS.)
CONGRESS, CONTINENTAL, first, 35; second, 35, 36;— resolution
of recommending states to adopt constitutions, 37; resolution of
recommending a general convention, 54.

-

---

CONSCRIPTION, 300–304. (See WAR POWERS.)

CONSTITUTION, of a nation, possibility of, 6: possible only in limited
monarchies, aristocracies, and representative republics, 7.

CONSTITUTION of Great Britain, contrasted with American, 109;
danger of arguing from, to American, 109; division of functions by,
167-173; how far the U. S. Executive copied after the British, 176;
rules as to revenue bills, 140.

CONSTITUTION OF THE U. S., peculiarities of, 11, 12; method of study
of, 10, 13-16: study of, importance to the lawyer, 17; - to the citizen,
17, 18: construction of, the lawyer-like method, 13-15;— the states-
man-like method, 15, 16: importance of true theory of, 20, 21: theories
variously advocated, 21-26: complete national theory of, 21-23; com-
plete state sovereignty theory of, 24, 25; partial national theory of, 25,
26 is the organic law of a nation, 30, 32: history of adoption of, 33–58;
submission of for adoption, 55-57; ratification of, 58: effect of tenth
amendment to, 67, 68: is a law, 80; requires a sanction, 80-82; cases
arising under, 507–510. (See AMENDMENT, CONSTRUCTION, Sov-
EREIGNTY.)

CONSTRUCTION of the Constitution, the lawyer-like method, 13–15;
the statesman-like method, 15, 16; by whom to be authoritatively made,

--

-

80-98; where power of resides, 82;- resides in the general govern-
ment, 82-87; resides finally in the people, 83;- proximately in the
general government, 83, 84; general acquiescence in this doctrine,
84; - exceptions to this general acquiescence, 84-86; resides in the
Supreme Court, 87-98: two schools of, 166; liberal school of, followed,
166; illustrations, 166–168: when words are to receive a technical
meaning, 256, 257, 489.

CONTRACTS, what are, 350-382: executory, 350, 351: executed, 351-
354 grants made by states are, 352, 354: appointments to office are
not, 354-357: licenses are not, 357-362: how far charters of private
corporations are, 363–381 ;- the grants of franchises are, 364, 365; –

cases illustrating, 365-369;-the collateral stipulations in charters
are, 369, 370; cases illustrating, 369-380: not implied in charters,
380, 381 charters of municipal corporations are not, 381, 382. (See

OBLIGATION.)

CONTROVERSIES, meaning of, 97: where the U. S. is a party, 514:
between states, 514.

CONVENTION at Annapolis of 1786, 54; its resolution calling a gen-
eral convention, 54.

CONVENTION, the Constitutional of 1787, 54-57; were volunteers,
55;-
nature of their acts, 56, 57.
CORPORATIONS, power of Congress to create, 167; delegation of
right of eminent domain to, 161: power of states to tax those cre-
ated by Congress, 189-191, 192; to tax stockholders, 193, 194:
charters of private, how far contracts (See CONTRACTS): charters of
municipal, (See CONTRACTS.)

-

COUNTERFEITING, power over, 268-271;

the states, 270, 271: what is, 269.

- how far concurrent in

COURTS of the U. S., (See JUDICIAL POWERS, JUDICIARY, JURIS-
DICTION.)

CREDITOR, how affected by insolvent discharge in another state, 393-
395.

CRIMES, power of Congress over, 267-281; provisions in respect
to, 267, 268; express, 268-279; implied, 279-281; necessary
- not left to the states, 280;

to the general government, 279;

-

-

cise of illustrated, 280, 281; · extent of as to place, 275.

-

exer-

CRIMINAL PROSECUTION, a constitutional sanction, 81.
CRIMINAL TRIAL, how to be conducted, 144, 154; what accused
may enjoy, 144, 154: whether these rules are expedient, 154, 155.

DEBT, (See IMPRISONMENT FOr Debt.)

DECLARATION OF INDEPENDENCE, nature of, by whom made,
etc., 36-38

DECLARATION OF SUPREMACY, in the Constitution, 66, 67.
DEPARTMENTS, division of government into three, 107–119; division
historical and theoretical, 108; extent of in Great Britain, 108;
in other countries, 108, 109; — advantage of, 109, 110; extent of
division in U. S. 111-116; dependence and intermingling of, 111–
115; - President's legislative power, 111 - 115; tendency of one to
encroach upon another, 116-119; - this tendency strongest in legisla-
ture, 116-119.

DIGEST, the, division of law in, 1.

DIRECT TAXES, how apportioned, 177; what are, 178, 179.
DISLOYALTY, members of Senate and House expelled for, 138, 139.
DISTRICT OF COLUMBIA, power of Congress over, 310; legisla-
tion for restrained by the Bill of Rights, 311-313.

DOMICIL, effect of upon insolvent discharges, 393–395.

DUE PROCESS OF LAW, when required, 144: what is, 156-160;
— a regular statute not necessarily, 156; equivalent to law of the land,

156;

-

when consists of regular judicial proceedings, 157; — when
of summary measures, 157;— cases illustrating, 158, 159: difficulty of
applying the provision, 160; how affected by military necessity, 161–

164.
DUTIES. power of Congress to lay, 173, 176, 178, 167, 187. (See TAXES.)

ELECTION, of President, 126-129; of senators, 130; of representatives,
131;
- power of Congress over, 131.

ELECTORS OF PRESIDENT, how appointed, 126, 127; theoreti-
cally are free to make a choice, 127, 128; - practically have no free
choice, 128, 129: reasons for this change, 129, 130.
ELECTORS OF REPRESENTATIVES, qualifications of, 131;-
not controlled by Congress, 131–133; controlled by the states, 132;

-

single case in which Congress may interfere, 133;- should be
under control of Congress, 134-136.

EMINENT DOMAIN, what is, and reasons for, 160, 161; exercise of
delegated to corporations, 161; whether exercise of affected by mili-
tary necessity, 161-163: exercise of does not impair obligation of
contracts, 392.

ENGLISH BANKRUPT LAWS, 255, 256.

EXCISES, meaning of, 176. (See TAXES.)

-

EXECUTION, laws exempting from, how affect obligation of contracts,
409-413; when they impair the obligation, 409, 410, 412;— judi-
cial discussion concerning, 410, 411; held valid by state courts, 411;
doctrine of U. S. Supreme Court, 411, 412. (See OBLIGATION.)
EXECUTIVE POWERS, 71; in whom vested, 110 of the Senate,
115 how far copied from British constitution, 112: constitutional
provisions, 414, 415: division of, 416: vested in President, 416: and
in subordinates who represent the President, 416, 417: power of Con-
gress over, 417, 418: how far courts may interfere with, 418, 419;
basis upon which their exercise is rested, 419, 420: three classes of,
420-422; those exclusively under control of President, 420, 421;
those requiring a prior statute as the occasion, 421, 422; those entirely
depending upon prior statutes, 422; method of exercising these classes,
422, 423 power of appointment, 425-440: power to execute the
laws, 445-455; — executing laws, degrees of discretion in, 440,
441;
- may President judge as to validity of a law, 441–445;
effect of his oath of office, 443 ; · when he may disregard a law, 444,
445: power over foreign relations, 445-455: power to grant pardons,
455-466 power to recommend measures, 466-469: powers of com-
mander-in-chief, 470-480: impeachment, 480-494. (See PRESIDENT,
DEPARTMENTS, HABEAS CORPUS, MARTIAL LAW, WAR POWERS,
and other heads.)

-

-

-

EXEMPTION, from execution, (See EXECUTION.)

EXPORTS, not to be taxed, 180; not by the states, 196.

EX POST FACTO LAWS, 329-349; what are, 329-330; are crim-
inal laws, 330; and retroactive, 330; cases involving, 331-347; de-
fined by Judge Chase, 331, 332; three classes of, 332; distinguished

from retrospective laws, 332; when laws changing the punishment
are, 338-340: how far laws imposing a test oath are, 340-348. (See
TEST OATHS.)

FALCK, description of public law, 2: on the judiciary, 107.
FELONIES, on the high seas, power of Congress over, 274.

FINES, excessive, forbidden, 145.

FLORIDA, acquisition of, 307; government of while a territory, 314.
FORCES, land and naval, Bill of Rights does not apply to, 145. (See
MILITARY LAW.)

-

- by nego-

-

- belongs

-

FOREIGN RELATIONS, the power to regulate, 445-455;
tiation, 445-448; importance of this function, 446, 447;
to President, 446; Congress has no direct control over, 447 ; — leg-
islative powers indirectly derived from, 453, 454 ;
the states, 453, 454: — – by treaties, (See TREATIES.)

-

-

even to control

GERMAN TRIBES, germs of local government among, 103.
GENERAL WELFARE, meaning of, 174-176.
GOVERNMENT, absolute, what, 6: limited, what, 6: classes of, 7:
distinguished from nation, 28, 59-63; illustrations from French his-
tory, 60; - from English do., 60, 61: gradations of powers of, 61, 62:
of Great Britain, powers of, 61, 62: powers of may be less than ab-
solute sovereignty of the people, 62: can exercise no powers beyond
those held by its authors, 65.
GOVERNMENT OF THE UNITED STATES, form of fixed, 9:
may authoritatively interpret the Constitution, 82-87: leading ideas of,
99-105 of limited powers, 165-172: express limitations on, 142-165:
implied do. 165–172: tripartite division of, (See DEPARTMENTS). (See
CONGRESS, PRESIDENT, LEGISLATIVE POWERS, EXECUTIVE POW-
ERS, JUDICIAL POWERS.)

GRAND JURY, when indictment by necessary, 144, 154.

GRANTS from states are contracts, 352.

GREAT BRITAIN, constitution of, (See CONSTITUTION OF GREAT
Britain, DepaRTMENTS.)

-

gives no

HABEAS CORPUS, suspension of writ of, 473-475;- Congress may
authorize, 473, 474; — effects of suspension, 474, 475;
greater power to arrest, 475; —gives only power to detain, 474, 475.
HAMILTON, ALEX., his theory of the Constitution, 23; -
of the power
to interpret the Constitution, 84; of the power of Congress over
Commerce, 248.

-

HAUTEFEUILLE, opinion as to surrender of sovereignty, 39.
HEFFTER, opinion as to surrender of sovereignty, 39.

HIGH SEAS, meaning of, 275, 276.

HISTORY, of adoption of the Constitution, 33-58; of period prior to
the Confederation, 33-40; of Confederation, 40-52; of proceedings
immediate upon adoption of the Constitution, 53–58.

HOUSE OF REPRESENTATIVES, based on idea of centralization,

122: how constituted, 131-136: power of, over its own members, and
government, 138, 139: quorum of, 138: general rules for government
of, 139 revenue bills to originate in, 139. (See CONGRESS, ELECT-
ORS OF REPRESENTATIVES, REPRESENTATION, REPRESENTATIVES.)
HUMPHRIES, Judge, impeachment of, 487.

HUNDREDS, the Saxon, what, 104.

HURD, John C., his theory of the Constitution, 23.

IMPAIR, meaning of, 349.

-

-

-

-

IMPEACHMENT, a sanction applied to official persons, 81, 96, 97;
trial by Senate, a judicial act, 115: general nature of, 480–494: pro-
visions of Constitution, 480: who may be impeached, 481, 482;
what are civil officers, 481; senators and representatives not, 481;
-case of Senator Blount, 481; this case questioned, 481, 482:
lawful grounds of an impeachment, 482-493: first theory, for indicta-
ble offences only, 482; reasons for this theory, 482, 483; the
English practice, 482, 483; - high crimes and misdemeanors technical
words, 483 second theory, for official misconduct, 483, 484; illus-
trations, 484: these theories examined, the second correct, 485-493; —
possible abuse no objection, 485; practical construction given by
the House and the Senate, 485-487; — impeachment of Judge Pick-
ering, 486; of Judge Chase, 486, 487; of Judge Peck, 487 ; — of
Judge Humphries, 487;- these cases examined, 487, 488: second
theory in harmony with the Constitution, 488-492: first theory is based
upon English law, 488, 489; fallacy of this method, 489; — when
words of the Constitution are to receive a technical meaning, 489:
impeachment a sanction to restrain violations of official duty, 489,
490: meaning of high crimes and misdemeanors, 490, 491;— crimes
not a technical word, 491: consequences of adopting the first theory,
491, 492 debates on impeachment in the Convention, 492, 493:
Luther Martin's opinion, 493: Madison's opinion, 493: punishments,
493 President and judges may not be suspended during pendency of,
494; other officers may, 494.

IMPLIED LIMITATIONS on U. S. government, 165–172.
IMPORTERS, states cannot forbid to sell, 221.

IMPORTS, and exports not to be taxed by states, 196: when goods
cease to be, 197; included in “foreign commerce,” 221.

IMPOSTS, what, 176.

IMPRISONMENT FOR DEBT, abolition of, does not impair obliga-
tion of contracts, 404.

INDEPENDENCE, declaration of, nature of, etc., 36-38.

INDIRECT TAXES, what are, 178, 179: to be uniform, 178; — uni-
formity in what, 183.

INHABITANCY, a qualification for office, 137.

INSOLVENT DISCHARGE, as affecting obligation of contracts, 392-

395; effect on creditor in another state, 393-395.
INSOLVENT LAWS, (See BANKRUPT LAWS.)
INSPECTION LAWS, what, 196, 197.