disfranchised in certain elections, n. 276, p. 234, § 1. The
act explained, Id. § 6. This disqualification discussed,
n. 281. To the conventions to frame reconstructed consti-
tutions, qualifications of, n. 276, p. 283, § 5. How to be
elected and to frame a State Constitution, Id.

DELIVERED up.

Fugitives from justice to be delivered up to
be removed to the State having jurisdiction of the crime.
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..

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.
DEMAND. 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.

Person is taken in its largest sense, and means non-resi-
dents as well as residents, n. 223. The fugitive may be
arrested and detained until demand, Id. The executive
upon whom the demand is made cannot go behind it, Id.
This duty is ministerial, Id. The governor's 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...

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...

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..
(See note 183.)

DEPRIVED. No State without its consent shall be deprived of its

equal suffrage in the Senate..

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..

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
among the States according to their respective numbers,
&c. (See Representatives.

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..

"Capitation" defined, n. 144. Principles on which the

:

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.
DISCIPLINING 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.

The full meaning of "organizing, arming," &c., n. 134.
Decisions on the constitutionality of conscription, Id.
n. 118, p. 129.
DISCOVERIES. Exclusive right to discoveries may be secured by
inventors for a limited time...

Copyrights and patents discussed, n. 107, pp. 122, 123.
DISFRANCHISEMENT 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

Power of Congress as to contempts, n. 48. Sam Hous-
ton's case, Id. Legitimate grounds of expulsion, Id. p. 87.
Rebel 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..
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. Report of
Committee on Impeachment of President. Johnson, with
precedents cited, n. 194, p. 188. (See 14 cl. am'dt, 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...

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...

DIVIDED. The Vice-President shall have no vote unless the Senate
be equally divided..

"Vice-President" and his powers discussed, n. 36.
DIVINE Providence. Firm reliance on, by signers of the Dec. of
Ind. p. 7.

DOCK-YARDS, &c. Congress shall have power to exercise exclusive
legislation over dock-yards...

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..

This subject discussed and explained by history, notes
234, 235.

DRAYTON, WILLIAM HENRY, of South Carolina. Signed Articles of Confederation, p. 21.

DUANE, JAMES, of New York.

p. 21.

Signed Articles of Confederation,

DUER, 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 behavior.

Good behavior defined, n. 197. Judges impeachable for
want of, n. 194.

DUTIES. Congress shall have power to lay duties..
DUTIES. All duties, imposts, and excises shall be uniform through-
out the United States.

Must be laid by rule of uniformity, n. 22. Defined,
n. 75. Extent of the power, n. 73.

DUTIES. 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

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. 148.

DUTIES on imports. 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: 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..

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 Vacancies.)

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..

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 1808.

"Persons" defined and discussed, n. 139.

DUTY. No tax or duty shall be laid on articles exported from any
State

No duty on exports, n. 146. (See Duties.) DUTY of tonnage.. No State shall, without the consent of Congress, lay any duty of tonnage

A duty on imports and tonnage defined, notes 162, 163. "Tonnage" 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

EFFECTS. The right of the people to be secure in their effects against unreasonable searches and seizures shall not be violated. Amendments

ELECTED. Representatives in Congress shall be chosen or elected every second year by the people of the several States ... People of the several States" defined, n. 16. Negroes not of "the people," Id. Qualifications of representatives, Id. Qualifications in the several States, n. 17, pp. 60–65.

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..

Why two from each State, n. 28. Why elected by the legislature, Id. Mode of election, Id. Hamilton's opinion, Id. General usage, n. 29. Cameron's, Harlan's, and Stockton's cases, Id. Act of Congress with regard to elections, n. 30. 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.

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-President 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: ..

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 office of trust or
profit under the United States, shall be appointed an
elector.

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 saine 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 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 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 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: á 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, 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 ..

The person having the greatest number of votes as Vice-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. Amendments ..

But no person constitutionally ineligible to the office of
President, shall be eligible to that of Vice-President of
the United States. Amendments ...

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.

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 accordingly, until the disability be removed, or a President shall be elected..

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.

The power of the governor of the State over, 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, returns, and qualifications of its own members....

"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 participants in the rebellion, n. 46.

differs in all the States,
a right, n. 18. "Under
Doubts thrown upon
When the constitu-

ELECTIVE franchise. How it is given and
notes 16, 17, 18. It is a power, not
the control of the States," n. 41.
this, n. 17, "NEBRASKA," n. 274.
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 be
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
United States....

ELECTORS. The qualifications of electors of representatives in Congress to be the same as for electors of the most numerous branch of the State legislature.

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, 274, p. 283. Qualification of, in rebel States on the reconstruction measures, without distinction of color, excluding those rebels who had held certain offices, n. 276, pp. 283, 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 (supplementary act), p. 284, § 1. Approval of the qualified, Id. § 6. Boards 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 electors. Amendments....

Electors defined and discussed, n. 167. Choice of the electors

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