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 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 have the assistance of counsel for his defence.

ARTICLE VII.

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 reëxamined in any court of the United States, than according to the rules of the common law.

ARTICLE VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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 constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

ARTICLE XI.

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 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 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 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.

2. 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.

3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States.

ARTICLE XIII.

1. Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or in any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

INDEX.

ABSOLUTE GOVERNMENT, what, 6.

ADMIRALTY, extent of as to place, 275, 276: nature and extent of,
513 is exclusive in U. S. courts, 513.

ADOPTION OF CONSTITUTION, history of, 33–58.

AGE, qualifications of, 137.

AGENTS, GOVERNMENTAL, have no powers but those held by
their principals, 65.

AMBASSADORS, cases affecting, 512, 513.

-

AMENDMENT, power of, 72–76;· -no limit upon, 72, 73; - mode
of exercising, 74-76: proposed fourteenth, 151: tenth, 67, 68: thir-
teenth, abolishing slavery, 76-79; effect of on representation, 124,

-

125, 134-136; proposed remedies, 134–136.
AMENDMENTS TO CONSTITUTION, cannot be vetoed by Pres-
ident, 114 limiting the general government, 144: the first eight do
not apply to the states, 147–149; apply to the three departments
alike, 151, 152;— require no legislation to make them binding, 152;
their meaning and object, 152–164. (See BILL OF RIGHTS, LIMIT-
ATIONS ON U. S. GOVERNMENT.)

-

--

AMNESTIES, general, (See PARDONS.)
ANGLO-SAXON, (See SAXONS.)

APPOINTMENT to office, power of, 425-440 ; · in whom vested, 425,
426; - exercise of depends upon prior legislation, 426; — objections
to, 428; objections answered, 428; nature and extent of, 429,
430; functions of Senate in, 429, 430;- force of the word "advise,"
429, 430; whether includes power to remove, 430-435; to fill va-
cancies, 435-437;- abuse of, 437-440. (See REMOVALS, TENURE
OF OFFICE.)

-

APPRAISEMENT LAWS, nature of, 405. (See OBLIGATION, STAY
LAWS.)

APPROPRIATION, money to be drawn upon, 348.

ARISTOCRACIES, what included in, 6.

-

ARMS, right to bear, 144; - reasons for protecting, 152;- abuse of
prohibited, 152, 153.

--

ARREST, members of Congress exempt from, 140. (See MILITARY
ARRESTS, MARTIAL LAW.)
ARTICLES OF CONFEDERATION, 42-52; when adopted, 42;
general character of, 43, 44; - abstract of, 45-47;
not a law
but a league, 47; — leading ideas of, 47-51; - no idea of a nation
or of citizenship, 47, 48; formative elements of were states, 48; -

-

-

-

powers of were directed against states, 49; conferred no coercive
power, 49, 50; - Congress the sole organ of, 50; -
limited powers
conferred by, 50, 51; steps to change, 53, 54.
ATTAINDER, (See BILLS OF ATTAINDER.)
AUSTIN, his division of Law, 1;

definition of Public Law, 2; de-

-

scription of sovereignty, 6, 8; classification of governments, 7;
error in defining nation and sovereignty, 28.

BAIL, not to be excessive, 145.

-cases

BANKRUPT LAWS, power to enact, 252-262 ; ·
in Congress or
states, 252, 253;- when power of states is suspended, 253: extent
of, 254-262; meaning of, 255-257; in England, 255, 256; what laws
Congress may enact, 256, 257: statute of 1841, 257, 258; -
under, 258, 259 general policy of, 260-262: advantages of, 260–262.
BANKS, National, established under power to borrow money, 167;
power to establish, 169, 200.

-

- not

BILL OF RIGHTS, none at first contained in the Constitution, 143:
supplied by amendments, 143: contained in state constitutions, 145:
in the first eight amendments, upon whom restrictive, 145–152; -
upon the states, 146; - only upon the general government, 147, 148 ;
unfortunate effects of this rule, 149; illustrations thereof, 150;
-proposed remedy, 151: need the aid of no legislation, 155: pro-
visions, meaning, nature and object of, 152-164: intent and force of,
164; how far affected by military necessity, 164: applies to the govern-
ment of territories, 311, 312.
BILLS OF ATTAINDER, prohibited, 319-329; both to Congress
and the states, 319 definition of, 319, 320 reasons for prohibiting,
321 cases involving, 321-328; whether statutes requiring test oaths
are bills of attainder, 328, 329: provisions of Missouri constitution of
1865, 328, 329. (See TEST OAths.)

BILLS OF CREDIT, states forbidden to issue, 203, 204: definition,
204.

BLACKSTONE, his division of Law, 1: illogical division of rights, by,

384.

BLOUNT, William, impeachment, 481.

--

-

BORROWING MONEY, power of Congress over, 198-202; - unlim-
ited, 199; methods of exercise, 167-169, 199; - by indirect means,
167-169, 200, 201;- through national banks, 200; — legal tender
notes, validity of, 201, 202: power of states over, 202–205; — limited
in means, but not in extent, 202; reasons for this limitation, 203,

204.

-

-

BRITISH CONSTITUTION, (See CONSTITUTION OF GREAT BRIT-
AIN.)

BROWNSON, O. A., theory of the Constitution, 23.

BURGH, the Saxon, 167.

CALHOUN, theory of the Constitution, 25.

CAPACITIES, distinguished from rights, 345, 346.

CAPITATION TAXES, 177.

-

CAPTURES, meaning of, 288, 289; power of Congress over, 288-291.
CASES, meaning of, 97: arising under the Constitution, 507-510; — un-
der laws of U. S., 510, 511;- under treaties, 511, 512;- affecting
ambassadors, 512, 513;- of Admiralty, 513.
CENTRALIZATION, idea of, involved in the U. S. government, 100;
contrasted with local government, 100; history and source of, 101,102;
advocates of, 101; proper relation to local government, 101, 102;
effect of abandoning, 102; idea of in formation of House of Represen-
tatives, 121, 122.

CHARTERS of corporations, (See CONTRACTS, CORPORATIONS.)
CHASE, Judge, impeachment of, 486. 487.

CITIZENS of U. S. entitled to protection at home, 149; difficulty of
affording complete protection against state acts, 150; proposed 14th
amendment to remedy this difficulty, 151.

CITIZENSHIP of U. S., no idea of in Articles of Confederation, 48;
status of, 68, 69; does not include the right of suffrage, 132, 133; a
qualification for office, 137.

CIVIL OFFICERS, what, 481.

CIVIL POLITY of U. S. government, fundamental ideas of, 101–105.
COASTING VESSELS, regulations concerning, 237.
COINING MONEY, power of Congress over, 262–264 ; ·

263.

-

necessity of,

COLONIES, the American, political condition of, 34.
COMMANDER-IN-CHIEF, powers of, 470-480; Congress has no such,
470, 471; nature and extent of powers of Congress over the military,
470, 471; nature of powers of commander in peace, 471;—in war,
472, 473; distinction between power to execute laws and powers of
commander, 471, 472: what additional powers in war, 473-480. (See
HABEAS CORPUS, MILITARY LAW, MARTIAL LAW, MILITARY GOV-
·ERNMENT, WAR POWERS.)

COMMERCE, what is, 208; during the confederation, 209, 210; foreign,
what, 220; among the states, what, 243.

COMMERCE, power over, 205-248; provisions concerning, 205, 206;
- these liberally construed, 166; - judicial construction of, 170,
171 why intrusted to U. S. government, 206: nature of, 206–242 :
whether exclusive or concurrent, 206–208 : limited, 209: why vested in
Congress, 209-211: what possessed by the states, 211–219, 231, 234 :
extent of possessed by Congress, 215-220, 242-248; extends to means
and instruments, 245;- to subject-matter, 247;-to places where
carried on, 244; to liabilities of parties engaged in, 247.
COMMON DEFENCE, meaning of, 174-176.

COMPENSATION, of members of Congress, 140; private property not
to be taken without, 144, 160; for private property taken for public
use, 161; whether U. S. may ever take private property without, 161,

162.

CONFEDERATION, history of period prior to, 33-40: political condi-
tion of period prior to, 34; period of, 40; sentiment of nationality dur-