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;

exer-

provisions in respect
to, 267, 268; — express, 268–279; — implied, 279–281; — necessary
to the general government, 279; - not left to the states, 280;
cise of illustrated, 280, 281; extent of as to place, 275.
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.

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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

(See

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

FOREIGN RELATIONS, the power to regulate, 445–455;

---

by nego-
tiation, 445-448; - importance of this function, 446, 447;· belongs
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.)

HABEAS CORPUS, suspension of writ of, 473-475;- Congress may
authorize, 473, 474 ;- effects of suspension, 474, 475; - gives no
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.

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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.