and federal system, 102. Based on
compromises, 129. Possibility of fail-
ure to create, reflections on, 142. Fra-
mers of, problem before, 155; posi-
tion and purposes of, 178; had been
observers of Parliamentary corrup-
tion, 242. State and national officers
sworn to support, 177, 372. Ratifica-
tion of, 177. Dissatisfaction with, in
different States, 182. How differs
from league, 184. Proposal to submit,
to Congress of Confederation, 185.
Growth of, important to be pursued
through entire proceedings, 193. Di-
vided into twenty-three articles by
committee's report, 194. Interest in
Europe respecting, 196. Should de-
fine eligibility to national offices, 199.
Purposes of, respecting immigrants,
209. Analogy of, to British Consti-
tution, 214. Provisions of, as origi-
nally proposed, 230. Benefits of, to
North and South, 303. Conception
of, gradually attained, 311. Hopes
of framers of, exceeded, 311. Sprung
from necessities of commerce, 312.
Objections to, of favoring slavery, su-
perficial, 313. Proper mode of judg
ing, 313. Rights guaranteed to
States by, 314. Beneficent opera-
tion of, on condition of slaves, 315.
Provision of, respecting power of Con-
gress over Territories, 355; purpose
of, 355; explanation of, 357. Adop-
tion of, 372. Preamble to, 372. Su-
preme law, 374. Binding on all ju-
dicial officers, 374. Complex char-
acter of, 379. Workings of, not
impaired by territorial growth, 381.
Success of, when other systems had
failed, cause of, 384. Proposed by
Governor Randolph, 410. Cases
arising under, meaning of, 430.
Confers few special powers on gen-
eral government, 432. Restrictions
laid on States by, 432. Powers of
national and State governments de-
termined by, 436. Designed to form a
more perfect union, 448.

Inter-state

privileges under, 448. Amendments
of, how proposed and adopted, 473.
Oath to support, by whom to be taken,
478. Religious test never to be re-
quired under, 478. Serious questions
respecting mode of establishing, 479.
Effect of ratification of, by only part
of States, 484. Formal assent of
States to, in Convention, 485. Form
of attestation to, 485. Refusal of

three delegates to sign, 485. Presen-
tation of, to Congress, 486. Proba-
ble consequences of rejection of, 487.
Issue presented by, to people of Unit-
ed States, 487. Attempt to intro-
duce monarchy averted by, 494. Pub-
lished September 19th, 1787, 495.
Reception of, among the people, 495.
Friends and opponents of, classified,
495. Advocates of, why styled Fed-
eralists, 496. Adopted by intelligent
majority in each State, 499. Recep-
tion of, by Congress, 499. Attempt
in Congress to arrest or alter, 499.
Real crisis of, 515. General and spe-
cial opposition to, 515. People pre-
disposed to adopt, 516. First rati-
fied by Delaware, 518. Right of
people to change at pleasure, 522.
Bestows only a part of power of peo-
ple, 522. Ratification of, rejoicings
in honor of, 540. Anxiety respecting
State action on, 544. Amendments
of, proposed by South Carolina, 548.
Opposition to, in New York, 572.
Adoption of, an event unparalleled
in history, 584. Opponents of, con-
cessions to, justified, 590.

Constitutions, written, how far exist-
ed before the Revolution, I. 4. Of
the States, origin and character of,

261.

Constitutional Convention, first sugges
tion of, I. 206. First suggested by
Massachusetts, 336. Suggestion of
Massachusetts respecting, not adopt-
ed, 337; withdrawn, 338; objections
of her delegates in Congress to, 339.
Urged by various public bodies, 349.
Considered and adopted by Congress,
350. Early recommendations of, 350.
Recommended by the Annapolis
Commissioners, 350; by Congress,
361. Difficulties of its position, 367.
Powers of, not strictly defined, 367.
Opinions of leading statesmen re-
specting, 373. Assembles at Phila-
delphia, 374. Novelty and peculiari-
ty of its task, 374. List of members
of, 516. Great object of, II. 5. Mem-
bers of, character of, 17; different
views of, 17; greatness of, 144. Au-
thority and powers of, uncertain, 18.
All States but Rhode Island repre-
sented in, 23. Presence of all States
in, not required, 26. Had no power
to enact or establish, 29. Character
of, 29. Proceedings of, how to be
studied, 29; secrecy of, 491; singu-

lar rumors respecting, 492. Supposed
want of authority in, to propose fun-
damental changes, 91. Report of
committee of the whole made to, June
19th, 129. Struggle in, respecting
form of Constitution, 129. Disrup-
tion of, imminent at one time, 142.
Possible consequences of failure of,
143. Resolution recommending, 185.
Instructions to delegates to, 185.
Causes of success of, 475. A second,
inexpedient, 475, 589. Dissolved
September 14th, 1787, 491.
Constitutional Law, American, origi-
nates in The Federalist, I. 417.
Questions of, how determined, II.

375.

Constitutionality of laws, questions of,
how settled, II. 433.
Construction, questions of, how far con-
sidered, II. 4.

Consuls, to be nominated by President,
I. 418. Cases affecting, jurisdiction
of, 444.

Continental Congress, formation of first,
I. 3. Advised by Franklin in 1773,
10. First suggestion of, 11. Recom-
mended by Virginia, 11. Appointed
for September, 1774, 12. Declared
expedient by Massachusetts, 12.
First, assembled and organized, 13;
delegates to, how appointed, 13; how
composed, 14; method of voting in,
15; relation of, to the people of the
several Colonies, 15; purpose of, not
revolutionary, 16; instructions to
delegates in, 18; how it sought re-
dress, 18, 19; revolutionary tendency
of, 19; assumed guardianship of
rights and liberties, 19; proceedings
of, in stating rights, 20; duration of,
24; adjournment of, 25; recom-
mends another Congress, 25; where
held from 1774 to 1783, 226; each
Colony had one vote in, II. 227. Sec-
ond, election of delegates to, by Mas-
sachusetts Provincial Congress, I. 27;
assembles at Philadelphia, 28; dele-
gates to, how appointed, 29; instruc-
tions to delegates to, 29; rule of vot-
ing in, 29; powers assumed by, 31.
Becomes a permanent body, 30. Pe-
tition of, to the King, 38. Dissolves
the allegiance of the Colonies to the
King, 38. Becomes a revolutionary
government, 39. Nature of the gov-
ernment by, 54. Situation of, at the
end of 1776, 100. Change in the
members of, in 1777, 104. Creden-

tials of members of, in 1776, 105.
Constitution of, II. 42.

Continental Currency first issued, I.

34.

Contracts, restraint on legislative vio-
lation of, origin of, II. 361, 365; ob-
ligation of, impaired by State law, re-
dress in case of, 433. See Obligation
of Contracts.
Contribution, rule of, attempted to be
changed, I. 210.

Convention, at Williamsburg, I. 12.
At Hartford, in 1779, 205.
Convention of all the States. See Con-
stitutional Convention.

Copyrights, State legislation concern-
ing, II. 339. Power over, surren-
dered to Congress, 339.
CORNWALLIS, enters Newark, I. 98.
Effect of capture of, 157.
Council, vacancies in, how filled in
provincial governments, I. 4. Sus-
pension of, from office in provincial
governments, 4. Part of the provin-
cial governments, 4; charter govern-
ments, 5. How chosen, 5.
Council of Revision, proposed, dangers
of, II. 435; much favored in Con-
vention, 438; purpose of, 438.
Counterfeiting, power of Congress to
define and punish, II. 332.
Courts, inferior, Congress may estab-
lish, II. 330, 423.

Courts of United States, jurisdiction of,
over persons of certain character, II.
441. Admiralty and maritime juris-
diction of, 445.

Creditors, rights of, secured by the
Treaty of Peace, I. 250.
Crimes, trial for, to be in State where
committed, II. 424; to be by jury,

424.

Crown, the source of political power
in the Colonies, I. 3. Powers of, in
provincial governments, 4.
Currency under Revolutionary govern-
ment, I. 78.

CUSHING, THOMAS, suggests Conti-
nental Congress, I. 11. Delegate to
first Continental Congress, 13.

D.

DANE, NATHAN, author of Ordinance
of 1787, II. 344, 365.
Debts due to English merchants at
the peace, I. 250. Action of Con-

gress respecting, 258. Of States,
proposition to assume, II. 319. Of
United States, provision for payment
of, 320; power of Congress to pay,

322.

Debt of the United States, in 1783, I.
172. Foreign and domestic, where
held, 178. National character of, 182.
Necessity of revenue power to dis-
charge, 183. Amount of, at the close
of the war, 184.

Declaration of Independence, authorship
of, I. 81. Effect of, upon the coun-
try, 89; upon Congress, 90. See In-
dependence.

Declaration of Rights, by first Conti-
nental Congress, I. 22.
Delaware, a proprietary government, I.

5. Constitution of, formed, 122. Re-
sists the claim of great States to
Western lands, 131. Ratifies the
Confederation, 135. Action of, com-
mended, 138. Resolves of, respect-
ing the Articles of Confederation,
498. Opposed to change in rule of
suffrage, II. 36; to division of legis-
lature, 133; to census of free inhabit-
ants, 153; to striking out wealth from
rule of representation, 164; to refer-
ring Constitution to people, 185; to
property qualification for office, 189;
to restricting President to stated sal-
ary, 407. Vote of, respecting citi-
zenship as qualification for office, 209;
respecting money bills, 216, 218; re-
specting slave-trade, 305; respecting
admission of States, 354. In favor
of equality of suffrage in House of
Representatives, 138; of equality of
States in Senate, 165; of executive
holding office during "good behav-
ior," 173; of referring Constitution
to State legislatures, 184; of each
State having one vote in Senate, 227;
of taxing exports, 296. Had one
representative in first House, 149.
Ratification of Constitution by, 515,
518. Patriotism of, 518. Enlightened
by discussions on Constitution in
Pennsylvania convention, 518.
Delaware River, Washington crosses
the, I. 99.

Delegate, Territorial, position of, in
Congress, II. 256.

Democracy, did not originate in Ameri-
ca, II. 7. Principle of, how modified
in America, 7.
Departments of Government, division of,

I. 118.

DICKINSON, JOHN, in favor of tax on
exports, II. 284.
Dictatorship. See Washington.
District of Columbia, under exclusive
government of Congress, II. 277.
Dock-Yards, authority of Congress
over, II. 340.

DORSET, Duke of, reply of, to the
American Commissioners, I. 289.
DUANE, JAMES, efforts of, to procure
adoption of Constitution by New
York, II. 585.

Duties, power to levy, asked for by
Congress in 1781, I. 173; not given,
174. Power of Congress to impose,
II. 322. To be uniform throughout
United States, 325. What may be
laid by States, 368. Laid by States,
net produce of, how applied, 368;
subject to revision of Congress, 368.
Payment of, how compelled, 433.

E.

Eastern States, course of, respecting
the navigation of the Mississippi, Ï.

315.

Elections, frequency of, favored, II. 241.
Elective Franchise, could not be con-
fined to native citizens, II. 198.
Electors, of President, advantages of,
II. 175; proposed in committee, 220;
number of, 235, 389; embarrassments
respecting choice of, 388; mode of
election by, 390; case of no choice
by, 390; required to return votes for
two persons, 393; how chosen, 398;
method of proceeding, 399; new ap-
pointment of, when, 403. Property
as a qualification of, 187. Of repre-
sentatives in Congress, qualification
of, 194, 200.
ELLSWORTH, OLIVER, Compromise
respecting Congress proposed by, II.
141. Opposed to tax on exports,
294. Influence and arguments of,
in Connecticut convention, 528.
Emigration, from Europe, a subject of
solicitude, II. 195.

England, government of, not a model
for the Constitution, I. 391.
English Language spoken by the colo-
nists, I. 3, 9.

English Laws inherited by the colo-
nists, I. 9.

Enlistments. See Army and Bounties.
Equity and common law, distinction
between, preserved by Constitution,

II. 425. Jurisdiction under Consti-

tion important, 425.
Europe, politics of, as affecting Amer-
ica, II. 80.

Excises, power of Congress to collect,
II. 322. To be uniform throughout
United States, 325.
Executive, methods proposed for
choice of, II. 59, 171. Duration of
office of, under Hamilton's plan, 100.
Duration of office of, 171; proposed
to be during "good behavior," 173.
Re-eligibility of, different views re-
specting, 172, 175. Choice of, directly
by people, difficulties attending, 174.
Whether should be subject to im-
peachment, 175. Choice of, conflict
of opinions respecting, 220; proposed
to be by Congress for seven years,
220; by electors, 220; by Senate, in
certain events, 221; by House of Rep-
resentatives, 222; by concurrent vote
of Senate and House of Representa-
tives, 223, 230; proposed negative
of Senate in, 232. Jealousy of,
232. See President and Vice-Presi-
dent.

Executive Department, proposed consti-
tution and powers of, II. 56, 170.
Relation of, to legislature, 57, 247.
Unknown to Confederation, 60. Pow-
ers of, defined by constitutions in
America, 72. Influence to be al-
lowed to, over legislative, 244. Ac-
tion of, requires discretion, 246.
"Executive Power" vested in Presi-
dent, meaning of, 412.
Exports, taxation of, Pinckney's prop-
osition concerning, II. 189; refusal
of South Carolina to submit to, 281,
285; an undoubted function of gov-
ernment, 282; consequences of denial
of, 282; when only beneficial, 282;
question of, as affected by variety,
283; members of Convention in fa-
vor of, 284; report of committee of
detail respecting, 290; great embar-
rassments respecting, 294; arguments
for and against, 294, 297; opposition
to, not confined to South, 294; by
States, an oppressive power, 295;
finally prohibited, 295; for what rea-
sons opposed in Convention, 297;
by States, arguments for and against,
368.

Ex Post Facto Laws, definition of, II.
360, 367. Passage of, prohibited to
Congress, 360; to States, 368.

Federal Census, origin of its rule of
three fifths, I. 213.
Federal Government, how distinguished
from "national," II. 33. By what
States preferred, 117. Arguments in
favor of, 124; theoretically sound,
126. Had proved a failure, 127.
Federal Town. See Congress and Seat
of Government.

Federalist, original meaning of, II. 496.
Changes in meaning of term, 497.
Miniature ship so called, 543.
Federalists of Massachusetts, enthusi-
asm kindled by, II. 541. Of New
Hampshire, action of, 541. Of New
York, justified by Washington, 590;
complaints against, 591.

Federalist, The, published, I. 409.
Character and influence of, 417. His-
tory of the editions of, 418. Remark
of, respecting Confederation, II. 61.
Purpose of publication of, 503.
When first issued, 503. Authors
of, 503.

Felony, various meanings of, II. 331.
Power of Congress to define and pun-
ish, 331.

Finances, must rest on some source of
compulsory revenue, I. 183. See
Debts, Revenue, and Duties.
Fisheries, great value of, II. 310.
Foreigners, cases affecting, jurisdiction
in, II. 443. Cannot demand sanc-
tuary as matter of right, 457.
Foreign Influence, jealousy of, II. 196,
204, 223. Necessity of counteract-
ing, 211.

Forts, authority of Congress over, II.

gress in 1773, 10. Appointed Post-
master-General by Continental Con-
gress, 35. One of the committee to
prepare Declaration of Independence,
50. One of the commissioners to
procure commercial treaties, 287.
Returns from Europe, 433. Public
services of, 433. Character of, 435.
Influence in the Convention, 436.
Speech of, at the close of the Con-
vention, 437. Witnesses the success
of Washington's administration, 439.
Proposition of, respecting represen-
tation in Congress, II. 146. Views
of, respecting money bills, 218. Op-
posed to paying President, 405. În
favor of plural executive, 405. Views
of, respecting executive, quite unlike
Hamilton's, 405; respecting conse-
quences of rejection of Constitution,
487. Unbounded confidence of peo-
ple in, 498.

Free Inhabitants, privileges of, I. 143.
French Loans. See France.

French Revolution, early writers of the,
I. 378. Begun when Constitution
went into operation, II. 80. Interest
felt in, in America, 80.

French Troops, arrive at Newport, I.
156. Join the army at New York,

156.

Fugitives, from justice, provision for
surrender of, under the Confedera-
tion, I. 143, II. 449. From service,
clause in Constitution respecting,
history of, 450. See Slaves.

G.

General Convention. See Constitutional
Convention.

Georgia, a provincial government, I. 4.
Constitution of, formed, 122. Ap-
points and instructs delegates to the
Convention, 369. Had but one cham-
ber in legislature, II. 132. Opposed
to equality of suffrage in House of
Representatives, 138. Divided on
question of equal vote of States in
Senate, 141, 148. Had three repre-
sentatives in first House, 149. Op-
posed to census of free inhabitants,
153; to equality of States in Senate,
165; to executive holding office dur-
ing "good behavior," 173. In favor
of property qualification for national
officers, 204. Vote of, respecting citi-

zenship as qualification for office 209;
respecting money bills, 216, 218. Di-
vided on question of each State hav-
ing one vote in Senate, 227. Op-
posed to taxing exports, 296. Po-
sition of, in Convention, respecting
slave-trade, 297, 301. Vote of, re-
specting slave-trade, 305. Cession
by, in 1802, 357. Vote of, on sus-
pension of habeas corpus, 360; re-
specting citizenship clause in Consti-
tution, 453. Ratification of Consti-
tution by, 515, 526. Remoteness of,
526. Situation of, at close of Revo-
lution, 526. Motives of, to embrace
Constitution, 526. Address by legis
lature of, to President Washington,
527. Exposure of, to ravages of In-
dians, 527. Escape of slaves from,
to Florida, 527.

GERRY, ELBRIDGE, opposed to nu-
merical representation in Congress,
II. 49; to tax on exports, 294. Re-
fused to sign Constitution, why, 485.
Censured for refusing to sign Con-
stitution, 501.

GILLON, Commodore, arguments of,
in convention of South Carolina, II.

548.

GORHAM, NATHANIEL, views of, re-
specting rule of suffrage for House
of Representatives, II. 135. A mem-
ber of committee to apportion repre-
sentatives, 148.

Government, disobedience to, how pun-
ished, II. 61. Essentials to suprema-
cy of, 62. Different departments in,
advantages of, 245. Approximation
to perfect theory of, only attainable,
247. Distribution of powers of, when
easy, 421; when difficult, 421.
Governor, part of the provincial gov-
ernments, I. 4.

GRAYSON, WILLIAM, opposed to Con-
stitution, II. 506.

Great Britain, re-union with, desired
by some, II. 493; letter of Colonel
Humphreys respecting, 493; Hamil-
ton's views respecting, 494.
Green Dragon Tavern, meeting at, re-
specting a national regulation of
commerce, I. 336.

Grievances. See Colonies and Revolu-
tion.

Guardoqui, Spanish minister, arrival
of, I. 313. Negotiations with, re-
specting the Mississippi, 313.