Chapter XLI: Appendix: Note (2)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any 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 favour, 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 re-examined 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.

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

FOOTNOTE:

[465] Although this work does not embrace the history of the Amendments, they are printed here in connection with the Constitution, for the convenience of the reader.

INDEX.

A.

_Acquisition_, national spirit of, reflections on, II. 312.

ADAMS, JOHN, delegate to first Continental Congress, I. 13.
On Washington's appointment as commander-in-chief, 42.
One of the committee to prepare Declaration of Independence, 50.
His account of the Declaration, 82.
First minister to Great Britain, 257.
Answer to his complaints about the treaty, 257.
Instructed to negotiate treaty with the Netherlands, 280.
One of the commissioners to procure commercial treaties, 287.
Views of, respecting taxation of slaves, II. 159.
Practice of, respecting cabinet, 409.

ADAMS, SAMUEL, delegate to first Continental Congress, I. 13.
Reserve of, respecting Constitution, II. 533.
Disapproves of Constitution, 533.
Character of, 534.
Position of, in convention of Massachusetts, 534.
In favor of Hancock's amendments to Constitution, 538.

ADAMS, captain in the Revolutionary naval force, I. 74.

_Address_ of the Colonies to the people of Great Britain, I. 23.

_Admiralty Jurisdiction_, criminal, II. 330.
Of courts of United States, 445.
Under Confederation, 445.

_Adoption_ of Constitution, mode of, recommended, II. 372.

_Albany_, convention of Colonies at, in 1753-54, I. 8.

_Alexandria_, meeting of commissioners at, from Virginia and Maryland,
I. 341.

_Alexandria Commissioners_, visit General Washington, I. 425.
Report of, received in Virginia legislature, 426.

_Aliens_, rights to be conceded to, in certain treaties, I. 280.
See _Foreigners_.

_Allegiance_ of people of the Colonies, transferred, I. 52.

_Alliance._ See _Treaty of Alliance_.

_Ambassadors_, proposed appointment of, by Senate, II. 223, 410;
by President, 234.
Received by President, 415.
To be nominated by President, 418.
Jurisdiction of cases affecting, 444.

_Amendment_ of Constitution, II. 84.
Provision for, adopted without debate, 177.
And revolution, distinction between, 473.

_Amendments_ of Constitution, when to be proposed by Congress, II.
268.
How to be proposed and adopted, 473.
How ratified, 477.
Power to make, limited, 477.
States at liberty to propose, 486.
Proposed by Hancock, 537;
by Massachusetts, classified, 539;
by South Carolina, 548;
by Patrick Henry, 580;
by Virginia, 581;
by New York, 587, 588;
by North Carolina, 597.
Refused in Maryland convention, 543.
Proposed, not made conditions of adoption, 551.

_Amendments_ of Articles of Confederation, how made, II. 84, 473, 481.

_America_, natural advantages of, for commercial pursuits, II. 309.
Variety of climate and products of, 309.

_American Constitutions_, character of, I. 261.

_American Feeling_, Washington's efforts to create, I. 110.

_American People_ perceive the insufficiency of State governments, I.
114.
Early familiarity of, with the principles of government, 117.
Perceive the necessity of a union, 121.
See _People of America_.

_American Revolution_, commencement
of, I. 3.
Attempt to alter charter governments, a principal cause of, 6.
Found local legislatures in all the Colonies, 7.
Fundamental principle established by, 379.
Object and effects of, II. 196.
Policy which led to, real cause of, 238.
Effect of, on views of people of United States, relating to
government, 238.

_Annapolis_, general commercial convention at, I. 326, 340, 350.
Recommends general convention to revise the federal system, 349.
Recommendation, how received, 351.
See HAMILTON and MADISON.

_Annapolis Commissioners_, report of, acted upon in Congress, I. 355.

_Anti-Federalists_, plan of, to postpone action of Virginia on
Constitution, II. 568.
See _Federalists_.

_Appropriation Bills_, provision concerning, objected to, II. 147.
See _Money Bills_ and _Revenue Bills_.

_Arms of the United States_, when adopted, I. 151.

ARMSTRONG, JOHN, wrote the Newburgh Addresses, I. 168.

_Army_, power of Congress to raise and support, II. 333.
Appropriation of money for support of, 333.
Power of Congress to make rules for, 334.
Standing, repugnant to American feelings, 336.
Not to be kept by States in time of peace, 371.
President commander-in-chief of, 413.
Power of President to employ, 413.

_Army of the Revolution_, first suggested, I. 31.
How first raised, 32.
State of, when Washington arrived at Cambridge, 55.
How constituted, 58.
Short enlistments in, how accounted for, 60.
Committee of Congress sent to examine, 60.
Discontents in, 79, 158, 186.
History of, after the evacuation of Boston, 91.
Reorganized, 91, 92.
Defects in organization of, 93.
Officers of, how appointed, 93;
how treated in 1776, 94.
Bad construction of, 94, 96.
Third effort of Washington to reorganize, 109.
Embarrassments and difficulties attending, 110.
State of, in April, 1777, 111;
in May, 1782, 158.

_Arrest_, privilege from, II. 263.

_Arsenals_, authority of Congress over, II. 340.

_Articles of Confederation_, I. 509.
Reported in Congress, and recommended to the States, 53, 104, 113.
Adoption of, by the States, 124.
Amendments to, proposed by the States, 128;
by New Jersey, for regulation of commerce, 129.
Chief obstacle to the completion of, 131.
States urged to accede to, 134.
Ratified by New Jersey, 135;
by Delaware, 135;
by Maryland, 136.
Completion of, announced, 137.
Established by patriotic sacrifices, 139.
Outline of, 142.
Construction of third article of, 265.
Circular letter of Congress, recommending adoption of, 491.
Representation of New Jersey respecting, 493.
Act of New Jersey accepting, 497.
Resolves of Delaware respecting, 498.
Action of Maryland on, 501;
of New York on, 505.
Amendment of, at first contemplated, II. 16.
How altered, 84, 180, 481.
Citizenship under, 206.
Effort to include in, power over Western Territory, 341.
Admission of new States under, 345.
On what terms ratified by smaller States, 346.
Restraints imposed on States by, 363.
Inter-state privileges under, 447.

_Assemblies_ in Provincial governments, how constituted, I. 4.

_Assembling_, one of the common law rights, I. 23.

_Association_, drawn up by House of Burgesses in Virginia, I. 12.
For non-importation, &c., how carried out by colonists, 24.

_Attainder, Bills of_, defined, II. 360.
Congress prohibited to pass, 360.
States prohibited to pass, 368.

_Attestation_ to Constitution, form of, II. 485.

B.

BALDWIN, ABRAHAM, model of Senate suggested by, II. 139.
Vote and views of, respecting representation in Senate, 142.

_Baltimore_, public rejoicings in, in honor of Constitution, II. 543.

BARNWELL, ROBERT, in favor of Constitution, II. 510.
Arguments of, in convention of South Carolina, 548.

BELKNAP, Dr., on slavery in Massachusetts, II. 454.

_Bill of Rights_, want of, a strong argument with some against
Constitution, II. 498.
James Wilson's views respecting, 522.
States equally divided on question of, in Convention, 523.
Considered essential by Patrick Henry, 554.
Proposed by Virginia, 581.

_Bills of Credit_, power to emit, prohibited to States, II. 328, 364.
Meaning of, 329.

_Boston_, occupied by royal troops in 1774-75, I. 27.
Invested by army under General Ward, in 1775, 32.
Reception of Constitution by people of, II. 501.
Rejoicings in, in honor of Constitution, 540.

_Boundary_, Southern, fixed by the Treaty of Peace, I. 312.
Questions of, proposed to be determined by Senate, II. 223, 231;
plan respecting, 235.
Determination of, a judicial question, 232.
See _Western Territory_, _Lands_, and _Northwestern Territory_.

_Bounties_ offered for enlistment in 1776, I. 93.
Additional, offered by States, 95;
effect of, 110.

BOWDOIN, JAMES, delegate to first Continental Congress, I. 13.
Governor of Massachusetts, 270.
Suppresses Shays's rebellion, 270.
Message of, suggesting a general convention, 336.

_Brandywine_, battle of the, force engaged in, I. 113.

_Bribery_, by executive, dangers of, II. 242.

_British Colonies_, legislatures of, divided into two branches, II.
132.

BROUGHTON, NICHOLAS, commander of the Hannah, I. 74.

BUTLER, PIERCE, in favor of the Constitution, II. 510.

C.

_Cabinet_, functions of, II. 407.
Views respecting, in Convention, 408.
President may require opinions of, 408.
Constitutional character of, 409.
Practice of first three Presidents respecting, 409.

_Captures_, power of Congress to regulate, II. 330.

_Capitation Tax_, report of committee of detail respecting, II. 290.
Provision respecting, adopted, 304.

CARROLL, CHARLES, proposition of, for asserting right of United States
to vacant lands, II. 353, 355.

_Cases_ arising under Constitution, &c., meaning of, II. 430.

_Census_, periodical, proposed by Williamson of North Carolina, II.
153.
Vote respecting, 153.
See _Federal Census_.

_Cessions_ of Northwestern Territory, II. 342.
Of land by States to United States, 356.
See _Western_ and _Northwestern Territory_.

_Charleston_, rejoicings in, on adoption of Constitution, II. 548.

_Charter_, of William and Mary to Massachusetts, I. 5;
attempt to alter, 6.
Inviolability of, 23.
How distinguished from constitution, II. 7.

_Charter Governments_, form and character of, I. 5.

CHASE, SAMUEL, views of, respecting taxation of slaves, II. 159.

_Checks_ of one department on another, II. 301.

_Citizenship_, as qualification of national officers, II. 186, 188,
204;
of senators, 223.
State rules respecting, unlike, 199.
General privileges of, under Confederation, 206, 448;
under Constitution, 448.
See _Naturalization_.

CLARKE, GEORGE ROGERS, General, proceedings of, in Kentucky, I. 322.

CLINTON, GEORGE, message of, as Governor of New York, on revenue
system of 1783, I. 359.
Head of party in New York opposed to Constitution, II. 502.

_Coinage_ of the United States, origin of, I. 443.

COIT, captain in the Revolutionary naval force, I. 74.

_Colonies_, thirteen English, I. 3.
Ante-Revolutionary governments of, 3.
Form a union, 3.
No union of, before the Revolution, 7.
Common grievances of, 9.
People of, how descended, 9.
Rights of, how to be determined, 16;
when and how stated, 20;
declaration of, 22;
what included in, 22;
how to be enforced, 23.
Trade of, how far right to regulate in Parliament, 20.
Reduction of, to submission, great preparations for, 38.
Trade with, prohibited by Parliament, December, 1775, 38.
Change of, into States, 116.
Constitutional power of, II. 179.

_Commerce_, of the United States, I. 276;
capacity of, at the close of the war, 284.
Regulation of, a leading object of Constitutional Convention, II. 12;
became an exigency of the Union, 13;
how provided for, by Virginia plan, 90;
if universal, must include slave-trade, 285;
report of committee of detail respecting, 289;
generally conceded to general government as necessary, 290;
views of Southern statesmen respecting, 290;
by Congress, beneficial to North and South, 291;
a power conceded by South to North, 291;
indivisible, 370;
reluctance of South Carolina to concede, 546.
Want of power over, in Confederation, 279.
Interest of, in different States, not identical, 291, 299.
Powers of government over, influence of, 311.
Necessities of, basis of Constitution, 312.
See _Regulation of Commerce_.

_Commercial Convention._
See _Annapolis_ and _Virginia_.

_Commercial Power_ asked for by Congress, I. 285.
Action of the States respecting, 286.

_Commercial Treaties_, want of, displayed, I. 277.
Existing at the peace, 279.
How far the Confederation competent to make, 279.
Why not made with England, 282.
Congress endeavors to get power to make, 285.
Attempt to negotiate without power, 286.
States refuse the power to make, 287.
Fruitless efforts of the commissioners to negotiate, 289.

_Commission._
See _Commercial Treaties_ and JOHN ADAMS.

_Committee of Congress_ sent to confer with Washington, I. 60, 93.

_Committee of the States_ under the Confederation, I. 146.

_Committees of Correspondence_ recommended by Virginia, I. 11.
Agency of, 12.

_Common Law_, one of the rights of the Colonies, I. 23.
And equity, distinction between, preserved by Constitution, II. 425.
Basis of State jurisprudence, 425.

_Commutation._
See _Half-Pay_.

_Compromises_ between national and federal systems, II. 102, 104.
Lie at the basis of the Constitution, 129.
Respecting formation of Congress, 141, 167, 195;
representation in Congress, 146.
Respecting slavery, 161;
how to be effected, 163;
reflections on, 309.
Committee of, proposed by Gouverneur Morris, 201.
Respecting Senate, as affected by money bills, 217;
choice of executive, 220.
How to be studied, 220.
Respecting slave-trade and navigation act, 302.
If not made, necessary consequences, 315.

_Confederation_, office of, in American history, I. 140, 149.
Revenues of, 147.
Defects of, 148, 155; II. 11, 14, 15, 35, 60, 79, 376.
Restraints imposed by, upon the States, I. 149.
Legal commencement of, 149.
Operation of, to the close of the war, 181.
Power of, to maintain an army and navy in peace, 215.
Analyzed by Hamilton, 221.
Principle of, adhered to, 225.
Summary of its operations, 228.
Incapacity of, to protect the State governments, 260.
Had no strict power to hold or manage public lands, 291.
Decay and failure of, 328; II. 13.
Fatal defect in the principle of the, I. 371.
Nature of, II. 16.
Had no power of compulsion, 16, 376.
Powers of, 27.
Principle of, 33.
Rule of suffrage under, 42.
Had no executive or judiciary, 60.
Laws of, to be executed by State tribunals, 61.
Compared with Constitution, 90.
Articles of, framed in 1776, 158.
Assessments on States under, 160.
Still in force while Convention in session, 178.
Relation of, to States, 179.
States opposed to entering, except on full federal equality, 227.
Had no seat of government, 268.
Want of power in, over commerce, 279;
over revenues, 279.
Engagements of, proposal to assume, 321.
Want of power in, to admit new States, 349.
Rule of, respecting making of treaties, 376, 416, 441.
Nature and objects of, 448.
How amended, 473.
Chief cause of failure of, 573.
See _Articles of Confederation_ and _Congress_.

_Confiscations_, provided against, by the Treaty of Peace, I. 250.
Strict right of, belonged to the Union, 251.

_Congress_ of the Revolution, leaves Philadelphia after the battle of
the Brandywine, I. 113;
assembles at Lancaster and Yorktown, 113.
Of the Confederation, first meeting of, 125;
structure and form of, 143; II. 133, 226;
powers of, I. 144;
restrictions on powers of, 146;
attendance diminished after the peace, 189;
driven from Philadelphia by a mutiny, 220;
decline of, 226;
meeting of, in 1783, 235;
thinly attended, 235;
appointment and attendance of delegates, 237, 239;
perpetually in session, 238;
public objects to be accomplished by, 239;
condition of, in 1785, 339;
unfitted to revise the federal system, 364;
had but one chamber, II. 132;
resolution for continuance of, 176;
method of voting in, 226;
members of, chosen annually, and liable to recall, 241;
appointment of officers by, complaints respecting, 248;
met where, 268;
presence of, in New York, benefits resulting from, 273;
attempts of, to procure cessions from States, 342;
resolve of, for regulation of Northwest Territory, 342;
power of, to admit new States, 344;
transmission of Constitution to, 486;
action of, on Constitution, 499.
Old, authority of, continued till new adopted, 86.
Under Virginia plan, to have two houses, 101.
Under New Jersey plan, to be one body, 101.
Present constitution of, by whom first suggested, 138;
compromise respecting, 141, 167.
Power of, to legislate for general interests of Union, 170;
to negative State laws, 170;
respecting elections to, 257;
in general, 279;
over taxes, duties, &c., 322;
to pay debts of United States, 322;
to provide for common defence, &c., 322;
over places purchased for forts, &c., 340;
over Territories, different views concerning, 340, 358;
limited, 340;
over soil of national domain, 351;
proposed, over property of United States, 355;
restraints on, 359;
to establish inferior tribunals, 423, 427.
Acts of, supreme law, 170;
how passed, 264.
Proposal that executive be chosen by, 171.
Members of, qualifications of, 194;
ineligibility of, to office, 250;
time, &c. of electing, left to States, 258;
pay of, proceedings in Convention respecting, 258;
objections to States paying, 259;
privileged from arrest, 263;
punishment and expulsion of, 263;
not to be questioned elsewhere for speech or debate, 263.
Importance of early legislation of, 208.
Proposed to be modelled after Congress of Confederation, 226.
Admission of members of Cabinet, &c. to, question respecting, 253.
Each house of, to be judge of elections, &c. of its own members, 262;
to determine its own rules of proceeding, 263;
to keep journal, 263.
Adjournment of, 275, 419.
Exclusive sovereign of District of Columbia, 277.
Time of meeting of, 277.
To make all necessary and proper laws for execution of powers, 338.
To declare war, 413.
To authorize calling out of militia, 413.
Special relations of President to, 419.
To prescribe mode of proof and effect of State records, &c., 449.
To propose amendments to Constitution, 477.
To call Convention to amend Constitution, when, 477.

_Connecticut_, a charter government, I. 5.
Governor, council, and representatives always chosen by the people,
6.
Had five representatives in first House, 149.
Cedes claims to Western territory, 300, 344.
Appoints and instructs delegates to the Convention, 369.
Opposed to Convention, II. 23;
to executive holding office during "good behavior," 173;
to property qualification for office, 189;
to nine years' citizenship as qualification of Senator, 224;
to taxing exports, 296;
to restricting President to stated salary, 407.
In favor of equality of suffrage in both branches of Congress, 122,
138;
of equal representation of States in Senate, 141, 148, 165;
of census of free inhabitants, 153;
of referring Constitution to State legislatures, 184;
of each State having one vote in Senate, 227.
Vote of, respecting citizenship as qualification for office, 209;
respecting money bills, 216, 218;
respecting eligibility of members of Congress to office, 251;
respecting slave-trade, 305.
Ratification of Constitution by, 515.
Convention of, 527;
debates in, mostly lost, 529.

_Connecticut Reservation_, note on, I. 300.

_Constitution_, how framed, II. 3.
Means of peaceful coercion a leading object of, 62.
An abridgment of State powers in some respects, 73.
Republican government guaranteed to States by, 80, 458, 468.
Capacity of, of amendment, 84.
Why submitted to people for ratification, 84.
As reported to Convention, 86.
Different plans of, proposed in Convention, 89.
Compared with Confederation, 90.
Compromise of, between national and federal system, 102.
Based on compromises, 129.
Possibility of failure to create, reflections on, 142.
Framers of, problem before, 155;
position and purposes of, 178;
had been observers of Parliamentary corruption, 242.
State and national officers sworn to support, 177, 372.
Ratification 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.
Divided into twenty-three articles by committee's report, 194.
Interest in Europe respecting, 196.
Should define eligibility to national offices, 199.
Purposes of, respecting immigrants, 209.
Analogy of, to British Constitution, 214.
Provisions of, as originally 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, superficial, 313.
Proper mode of judging, 313.
Rights guaranteed to States by, 314.
Beneficent operation of, on condition of slaves, 315.
Provision of, respecting power of Congress over Territories, 355;
purpose of, 355;
explanation of, 357.
Adoption of, 372.
Preamble to, 372.
Supreme law, 374.
Binding on all judicial officers, 374.
Complex character 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 general government, 432.
Restrictions laid on States by, 432.
Powers of national and State governments determined 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 required 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.
Presentation of, to Congress, 486.
Probable consequences of rejection of, 487.
Issue presented by, to people of United States, 487.
Attempt to introduce monarchy averted by, 494.
Published September 19th, 1787, 495.
Reception of, among the people, 495.
Friends and opponents of, classified, 495.
Advocates of, why styled Federalists, 496.
Adopted by intelligent majority in each State, 499.
Reception of, by Congress, 499.
Attempt in Congress to arrest or alter, 499.
Real crisis of, 515.
General and special opposition to, 515.
People predisposed to adopt, 516.
First ratified by Delaware, 518.
Right of people to change at pleasure, 522.
Bestows only a part of power of people, 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, concessions to, justified, 590.

_Constitutions_, written, how far existed before the Revolution, I. 4.
Of the States, origin and character of, 261.

_Constitutional Convention_, first suggestion of, I. 206.
First suggested by Massachusetts, 336.
Suggestion of Massachusetts respecting, not adopted, 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 respecting, 373.
Assembles at Philadelphia, 374.
Novelty and peculiarity of its task, 374.
List of members of, 516.
Great object of, II. 5.
Members of, character of, 17;
different views of, 17;
greatness of, 144.
Authority and powers of, uncertain, 18.
All States but Rhode Island represented 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;
singular rumors respecting, 492.
Supposed want of authority in, to propose fundamental changes, 91.
Report of committee of the whole made to, June 19th, 129.
Struggle in, respecting form of Constitution, 129.
Disruption 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_, originates 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 considered, 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.
Recommended 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 redress, 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;
recommends another Congress, 25;
where held from 1774 to 1783, 226;
each Colony had one vote in, II. 227.
Second, election of delegates to, by Massachusetts Provincial
Congress, I. 27;
assembles at Philadelphia, 28;
delegates to, how appointed, 29;
instructions to delegates to, 29;
rule of voting in, 29;
powers assumed by, 31.
Becomes a permanent body, 30.
Petition of, to the King, 38.
Dissolves the allegiance of the Colonies to the King, 38.
Becomes a revolutionary government, 39.
Nature of the government by, 54.
Situation of, at the end of 1776, 100.
Change in the members of, in 1777, 104.
Credentials of members of, in 1776, 105.
Constitution of, II. 42.

_Continental Currency_ first issued, I. 34.

_Contracts_, restraint on legislative violation of, origin of, II.
361, 365;
obligation of, impaired by State law, redress 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 _Constitutional Convention_.

_Copyrights_, State legislation concerning, II. 339.
Power over, surrendered to Congress, 339.

CORNWALLIS, enters Newark, I. 98.
Effect of capture of, 157.

_Council_, vacancies in, how filled in provincial governments, I. 4.
Suspension of, from office in provincial governments, 4.
Part of the provincial governments, 4;
charter governments, 5.
How chosen, 5.

_Council of Revision_, proposed, dangers of, II. 435;
much favored in Convention, 438;
purpose of, 438.

_Counterfeiting_, power of Congress to define and punish, II. 332.

_Courts_, inferior, Congress may establish, II. 330, 423.

_Courts of United States_, jurisdiction of, over persons of certain
character, II. 441.
Admiralty and maritime jurisdiction 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 government, I. 78.

CUSHING, THOMAS, suggests Continental 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 Congress 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 discharge, 183.
Amount of, at the close of the war, 184.

_Declaration of Independence_, authorship of, I. 81.
Effect of, upon the country, 89;
upon Congress, 90.
See _Independence_.

_Declaration of Rights_, by first Continental Congress, I. 22.

_Delaware_, a proprietary government, I. 5.
Constitution of, formed, 122.
Resists the claim of great States to Western lands, 131.
Ratifies the Confederation, 135.
Action of, commended, 138.
Resolves of, respecting the Articles of Confederation, 498.
Opposed to change in rule of suffrage, II. 35;
to division of legislature, 133;
to census of free inhabitants, 153;
to striking out wealth from rule of representation, 164;
to referring Constitution to people, 185;
to property qualification for office, 189;
to restricting President to stated salary, 407.
Vote of, respecting citizenship as qualification for office, 209;
respecting money bills, 216, 218;
respecting 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 behavior," 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 America, 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, I. 315.

_Elections_, frequency of, favored, II. 241.

_Elective Franchise_, could not be confined 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 appointment of, when, 403.
Property as a qualification of, 187.
Of representatives 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 colonists, I. 3, 9.

_English Laws_ inherited by the colonists, I. 9.

_Enlistments._ See _Army_ and _Bounties_.

_Equity_ and common law, distinction between, preserved by
Constitution, II. 425.
Jurisdiction under Constitution important, 425.

_Europe_, politics of, as affecting America, 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 respecting, 172, 175.
Choice of, directly by people, difficulties attending, 174.
Whether should be subject to impeachment, 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 Representatives, 222;
by concurrent vote of Senate and House of Representatives, 223,
230;
proposed negative of Senate in, 232.
Jealousy of, 232.
See _President_ and _Vice-President_.

_Executive Department_, proposed constitution and powers of, II. 56,
170.
Relation of, to legislature, 57, 247.
Unknown to Confederation, 60.
Powers of, defined by constitutions in America, 72.
Influence to be allowed to, over legislative, 244.
Action of, requires discretion, 246.

"_Executive Power_" vested in President, meaning of, 412.

_Exports_, taxation of, Pinckney's proposition concerning, II. 189;
refusal of South Carolina to submit to, 281, 285;
an undoubted function of government, 282;
consequences of denial of, 282;
when only beneficial, 282;
question of, as affected by variety, 283;
members of Convention in favor of, 284;
report of committee of detail respecting, 290;
great embarrassments 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 reasons 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.

F.

_Faith and Credit_, to be given to certain acts, &c., I. 143.

_Falmouth_ (now Portland), burnt, I. 38, 74.

_Faneuil Hall_, meeting at, respecting a national regulation of
commerce, I. 336.

_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, enthusiasm 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.
History 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 punish, 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 sanctuary as matter of right, 457.

_Foreign Influence_, jealousy of, II. 196, 204, 223.
Necessity of counteracting, 211.

_Forts_, authority of Congress over, II. 340.

_Framers of the Constitution_, difficulties and perplexities of their
task, I. 380.
Their qualifications, &c., 386.
Their success, 393.

_France_, debts of the United States to, I. 172.
Contracts with the king of, 177.
Relations of the United States to, 178.

FRANKLIN, BENJAMIN, his plan of union in 1754, I. 8.
Advises a Congress in 1773, 10.
Appointed Postmaster-General by Continental Congress, 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 Convention, 437.
Witnesses the success of Washington's administration, 439.
Proposition of, respecting representation in Congress, II. 146.
Views of, respecting money bills, 218.
Opposed to paying President, 405.
In favor of plural executive, 405.
Views of, respecting executive, quite unlike Hamilton's, 405;
respecting consequences of rejection of Constitution, 487.
Unbounded confidence of people 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
Confederation, 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.
Appoints and instructs delegates to the Convention, 369.
Had but one chamber 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 representatives in first House, 149.
Opposed to census of free inhabitants, 153;
to equality of States in Senate, 165;
to executive holding office during "good behavior," 173.
In favor of property qualification for national officers, 204.
Vote of, respecting citizenship as qualification for office, 209;
respecting money bills, 216, 218.
Divided on question of each State having one vote in Senate, 227.
Opposed to taxing exports, 296.
Position of, in Convention, respecting slave-trade, 297, 301.
Vote of, respecting slave-trade, 305.
Cession by, in 1802, 357.
Vote of, on suspension of habeas corpus, 360;
respecting citizenship clause in Constitution, 453.
Ratification of Constitution by, 515, 526.
Remoteness of, 526.
Situation of, at close of Revolution, 526.
Motives of, to embrace Constitution, 526.
Address by legislature of, to President Washington, 527.
Exposure of, to ravages of Indians, 527.
Escape of slaves from, to Florida, 527.

GERRY, ELBRIDGE, opposed to numerical representation in Congress, II.
49;
to tax on exports, 294.
Refused to sign Constitution, why, 485.
Censured for refusing to sign Constitution, 501.

GILLON, Commodore, arguments of, in convention of South Carolina, II.
548.

GORHAM, NATHANIEL, views of, respecting rule of suffrage for House of
Representatives, II. 135.
A member of committee to apportion representatives, 148.

_Government_, disobedience to, how punished, II. 61.
Essentials to supremacy 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 governments, I. 4.

GRAYSON, WILLIAM, opposed to Constitution, II. 506.

_Great Britain_, re-union with, desired by some, II. 493;
letter of Colonel Humphreys respecting, 493;
Hamilton's views respecting, 494.

_Green Dragon Tavern_, meeting at, respecting a national regulation of
commerce, I. 336.

_Grievances._ See _Colonies_ and _Revolution_.

_Guardoqui_, Spanish minister, arrival of, I. 313.
Negotiations with, respecting the Mississippi, 313.

H.

_Habeas Corpus_, privilege of, when suspended, II. 359;
under common law of England, 359.

_Half-pay_, resisted by Connecticut and Massachusetts, I. 190.
History of, 194.
Commutation of, 194.
See _Officers of the Revolution_.

HALLAM, HENRY, Constitutional History of England by, great value of,
II. 244.

HAMILTON, ALEXANDER, laments the changes in Congress in 1778, I. 127.
Exertions of, respecting revenue system, 176.
Reasons of, for voting against revenue system, 177.
Answers the objections of Rhode Island, 177, 206, 207.
On the commercial advantages of a revenue power, 184.
On the discontents of the army, and the public credit, 197.
Opinions of, concerning the reorganization, &c., in 1780, 202.
Maintains that Congress should have greatly enlarged powers, 204.
Suggests a convention of all the States in 1780, 205.
Enters Congress, 206.
On a revenue, and the mode of collecting it, 207.
On the compatibility of federal and State powers, 207.
On the appointment of revenue officers, 208.
Extent of views of, 209.
On the rule of contribution, 210.
On the necessity for power of taxation, 211.
Seeks to introduce new principles, 211.
On a peace establishment, 214.
Opinions on the powers that should be given to Congress, 219.
Exertions of, to suppress the mutiny at Philadelphia, 220.
Views of, respecting defects of the Confederation, 221.
Opinions of, too far in advance of the time, 224.
Answers New York objections to revenue system, 247.
Opinions of, concerning the Confederation, 263.
Views of, respecting the regulation of commerce, 277;
the statesmanship of America, 278.
Induces New York to send delegates to Annapolis, 345.
Reports at Annapolis in favor of a general Convention to revise the
federal system, 347.
Relation of, to the plan of a general Convention, and a national
Constitution, 350.
Contemplates a new government, 350.
Induces the legislature of New York to urge a general Convention,
359.
Views of, on the mode of proceeding, 364.
Confidence of, in the experiment of a Convention, 373.
History and character of, 406.
Birth of, 408.
Various public services of, 409, II. 593.
Talleyrand's opinion of, I. 410.
Death of, 410.
Views of, respecting the English Constitution, 411.
Relation of, to the Constitution, 412.
Compared with the younger Pitt, 413, 416.
Eminent fitness of, for the times, 414.
Advocates the Constitution in the Federalist, 417.
Compared with Webster, 418.
Anxiety of, about the Constitution, 419.
Unjustly charged with monarchical tendencies, II. 11, 94, 110.
Views of, respecting Constitution, 94.
Principles of civil obedience, as propounded by, 96.
Views of, respecting rule of suffrage for House of Representatives,
135;
dissolution of Union, 136;
choice of President, 174, 240, 392;
naturalization, 205;
larger House of Representatives, 213.
Measures of, respecting summoning of Constitutional Convention, 273.
Views of, respecting executive, quite unlike Franklin's, 405;
President's power to adjourn Congress, 420.
Explanation of, respecting appellate power of Supreme Court, 428.
Views of, respecting amendment of Constitution, 477.
Objections of, to Constitution, 487.
Views of, respecting consequences of rejection of Constitution, 487,
570;
possible reunion with Great Britain, 494.
Essays of, in Federalist, 503.
Believed people predisposed in favor of Constitution, 516.
Arrangements of, for transmission of news of action of States on
Constitution, 551.
Leading spirit in convention of New York, 568.
Anxiety of, respecting action of States on Constitution, 569.
Had great cause for solicitude, 569.
Prospects of usefulness of, 569.
Foresight of, respecting operation of Constitution, 570.
Had profound understanding of Constitution, 570.
Ambition of, 570.
Importance of public character and conduct of, 570.
Contest of, with opponents of Constitution in New York, 571.
Critical position of, as citizen of New York, 571.
Reply of, to opponents of Constitution in New York, 572.
News received by, of ratification of Constitution by New Hampshire,
573.
Letter of, to Madison, respecting chances of ratification by New
York, 575.
Would have been led by personal ambition to remove from New York,
575.
Policy of, national, 577.
Reason of, for embracing Constitution, 577.
Efforts of, to procure adoption of Constitution by New York, 577,
584.
Sends news of ratification by New Hampshire to Madison, 578.
Great speech of, in New York convention, in favor of Constitution,
586.
Writes to Madison, asking advice respecting New York, 587.
Honors paid to, by city of New York, 592.

HANCOCK, JOHN, retires from Congress, I. 125.
Returns to Congress, 126.
President of Massachusetts convention, II. 537.
Proposes amendments to Constitution, 537.
Great influence of, 537.

HARRISON, BENJAMIN, opposed to Constitution, II. 506.

_Hartford Convention_, met in 1779, I. 205.

_Heights of Haerlem_, occupied by Washington, I. 92.

HENRY, PATRICK, Governor of Virginia, I. 126.
Declined to attend Convention, II. 173.
Opposed to Constitution, 505.
Characteristics of, 505, 561.
In favor of submitting Constitution to people of Virginia, 510.
Leader of opponents of Constitution in Virginia, 552.
Jefferson's estimate of, 552.
Great popularity of, 552.
Wisdom of, lacked comprehensiveness, 553.
Great powers of, employed against Constitution, 553.
Views of, respecting American spirit of liberty, 553.
Considered Bill of Rights essential, 554.
Arguments of, against Constitution, 555, 557.
Modern scepticism concerning abilities of, 561.
Quotes Jefferson's views of Constitution, 561.
Opposed to Constitution to the last, in Virginia Convention, 579.
Project of, for amending Constitution, 580.
Patriotic conduct of, on adoption of Constitution by Virginia, 581.
Became earnest defender of Constitution, 582.

_House of Burgesses_, of Virginia, dissolved, I. 11.

_House of Commons_, ministerial majority of, during Revolution, II.
237.

_House of Representatives_, Constitution of, discussion respecting,
II. 36.
Members of, chosen for two years, 134;
qualifications of, 134.
Rule of suffrage for, great debate on, 135.
Exclusive power of, over money bills, 146, 214.
Power of, to fix salaries of government officers, 146.
Ratio of representation in, 147, 212.
First, apportionment of members for, 148, 151.
Basis of, agreed to, 165.
Members of, must be twenty-five years old, 203;
have been citizens three years, 203;
be inhabitants of States from which chosen, 212.
Larger, favored by Wilson, Madison, and Hamilton, 213.
Ultimate choice of executive by, 222.
To present impeachments, 262.
Quorum of, 262.
To choose its own presiding officer, 263.
To vote for President by States, 394.
Choice of President by, quorum for, 394;
majority of States requisite to, 394.

HOWE, SIR WILLIAM, proclamation by, respecting oath of allegiance, I.
106.
Takes possession of Philadelphia, 113.
Estimate of, concerning the American force at the Brandywine, 113.

HUMPHREYS, Colonel, one of Washington's aids, II. 493.
Letter of, respecting hopes of loyalists, 493.

HUNTINGTON, Governor, influence of, in convention of Connecticut, II.
529.

I.

_Impeachment_, executive proposed to be removable on, II. 171.
Whether executive should be subject to, 176.
How to be decided, 232.
To be presented by House of Representatives, 262.
Of President, causes of, 397.
King's pardon cannot be pleaded in bar of, 414.
President cannot pardon, 414.
King may pardon, 414.

_Impeachments_, proposed plan respecting, II. 235.
Nature of, and constitutional provisions respecting, 260.
To be tried by Senate, 261.

_Imposts_, power of Congress to collect, 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 the revision of Congress, 368.
Revenue from, easiest mode of paying expenses of government, 528.

_Indian Affairs_, superintendence of, assumed by Continental Congress,
I. 35.

_Indians_, position of, II. 325.
Commerce with, 325;
regulated by federal authority, 326;
provision of Confederation respecting, 326.
Not regarded as foreign nations, 326.

_Independence_, resolution of, adopted in Congress, I. 49.
Declaration of, ordered to be prepared, 50;
brought in, 51;
adopted, 51;
effect of, 51.

_Inspection Laws_, subject to what abuse, II. 368.

_Insurrection._ See _Massachusetts_ and _Shays's Rebellion_.

J.

JAY, JOHN, report of, on the infractions of the Treaty of Peace, I.
254, 257.
Projected mission of, to Spain, 313.
Proceedings of, as Secretary for Foreign Affairs, respecting the
Mississippi, 313.
Essays of, in Federalist, II. 503.
Efforts of, to procure adoption of Constitution by New York, 585.

JEFFERSON, THOMAS, one of the committee to prepare Declaration of
Independence, I. 50.
Account by, concerning the Congress of 1776, 64.
Account by, of Declaration of Independence, 82.
In the legislature of Virginia, 126.
One of the commissioners to procure commercial treaties, 287.
On the surrender of the Mississippi, 321.
Suggests the decimal coinage, 443.
Views of, respecting admission of States, II. 76.
Resolve of, for organization of States from Northwestern Territory,
343.
Practice of, respecting cabinet, 409.
Views of, respecting government, 506;
modifications of Constitution, 506.
At Paris when Constitution was adopted, 506.
Did not counsel rejection of Constitution, 508.
Persevered in certain objections to Constitution, 509.
Letters of, respecting Constitution, 562, 564.

JOHNSON, Dr., of Connecticut, views of, respecting Constitution, II.
128.
First suggested present constitution of Congress, 138.

_Journal_, to be kept by each house of Congress, II. 263.

_Judges_, tenure of office of, II. 67;
in England, 67.
Removal of, 68.
Power of removal of, in England, 69;
in Massachusetts, 70.
"Good behavior" of, 70.

_Judicial Power of United States_, to settle disputes between State
and nation, II. 54.
Unknown to Confederation, 60.
Necessity and office of, 61.
Intent evinced by introduction of, 63.
Made supreme, 64.
Coextensive with legislative, 65.
Control of, over State legislation, 66.
Formation of, 421.
Great embarrassments respecting, 422.
Admirable structure of, 422.
Jurisdiction of, cases embraced by, 423.
Great importance of clearly defining, 425.
Embraces cases under Constitution, laws, and treaties, 429.
Changes and improvements in original plan of, 431.
Constitutional functions of, 431.
Leading purposes of, 431.
May declare laws unconstitutional, 434.
Simplicity, &c. given by, to operation of government, 437.

_Judiciary_, functions of, II. 63, 432.
Question concerning number of tribunals in, 65.
Proposed powers of, 66.
Restriction respecting salary of, 176.
Jurisdiction of, respecting impeachment of national officers, 176;
over cases arising under national laws, 176;
over questions involving national peace, 176.
Action of, not to be influenced by other departments, 246.

_Judiciary of Massachusetts_, attempt to alter the charter in respect
to, I. 6.

K.

_Kentucky_, inhabitants of, resist the surrender of the Mississippi,
I. 322.

KING, RUFUS, birth and education of, I. 448.
Public services of, 448.
Proposes the clause respecting the obligation of contracts, 452; II.
365.
Senator in Congress, I. 453.
Minister to England, 453.
A member of committee to apportion representatives, II. 148.
Views of, respecting Senate, 225;
seat of government, 275.
Remarks of, respecting slave-trade, 281.
Views of, respecting representation of slaves, 292.
Effort of, to exclude slavery from Northwestern Territory, 343.

L.

_Land_ as the basis of a rule for contribution, I. 210.
Adopted as measure of wealth by Congress of 1776, II. 160.
Of United States unappropriated, Madison's motion respecting, 351.

_Lands_, right of aliens to hold, proposed in certain treaties, I.
280.
See _Western Lands_ and _Territory_.

_Law of Nations_, offences against, II. 330;
power of Congress to define and punish, 331.
Respecting extradition of fugitives, 456.

_Laws_ of United States, how enacted, II. 264;
supreme, 372, 374;
to be in pursuance of Constitution, 374;
cases arising under, jurisdiction over, 430.
Of States, constitutionality of, 374.
Constitutionality of, how determined, 434.

LAW, RICHARD, influence of, in convention of Connecticut, II. 529.

LEE, CHARLES, General, expedition of, against the Tories of New York,
I. 66.

LEE, RICHARD HENRY, moves the resolution of independency, I. 49.
Account of, 49.
On the navigation of the Mississippi, 315.
Proposition of, in Congress, to amend Constitution, II. 500.
Opposed to Constitution, 506.

_Legislative Department_, division of, into two chambers, I. 119.
Omnipotent in England, 72.
Powers of, limited in America by constitutions, 72.
Hamilton's views respecting, II. 100, 103, 105.
Great struggle respecting, in Constitutional Convention, 130.
Objections to one chamber in, 130.
How far may safely be influenced by executive, 244.
Action of, requires discretion, 246.
Close relation of, to executive, 247.

_Letters of Marque and Reprisal_ issued by Massachusetts in 1775, I.
75.
Power of Congress to grant, II. 332.

_Lexington_, battle of, I. 27.

LIVINGSTON, ROBERT R., one of the committee to prepare Declaration of
Independence, I. 50.
Remarks of, in convention of New York, II. 574.
Efforts of, to procure adoption of Constitution by New York, 585.

_Long Island_, battle of, I. 91.

LOWNDES, RAWLINS, opposed to Constitution, II. 510.
Arguments of, against Constitution, 511.

_Loyalists_, scheme of, respecting Bishop of Osnaburg, II. 492.
Numbers of, small, 493.
Alarm occasioned by supposed scheme of, 493.
See _Tories_.

M.

MADISON, JAMES, enters the Revolutionary Congress, I. 126.
Exertions of, respecting revenue system, 176.
Writes the address in favor of revenue system, 177.
Answers Massachusetts on the half-pay, 193.
Birth of, 420.
Public services of, to the close of the war, 420.
Initiates the Virginia measures leading to a general Convention,
423.
Attends the convention at Annapolis, 427.
Attends the general Convention, 427.
Labors of, in the Convention, 427.
Opinions and character of, 428.
Described by Jefferson, 430.
Letter of, to Philip Mazzei, 431.
Action of, respecting change in rule of suffrage, II. 36.
Views of, respecting national government, 40;
Senate, 41;
revision by Congress of State legislation, 54;
revisionary check on legislation by executive, 58;
use of force against States, 62;
Constitution, 106;
rule of suffrage for House of Representatives, 135;
dissolution of Union, 136;
Western States, 152.
How far in favor of executive during "good behavior," 173.
Views of, respecting difference between Constitution and league,
184;
naturalization, 205.
In favor of larger House of Representatives, 213.
Views of, respecting eligibility of members of Congress to office,
250;
seat of government, 275.
In favor of tax on exports, 284.
Views of, respecting slave-trade, 304.
Proposition of, respecting Indian affairs, 327.
Views of, respecting legislation of Congress of Confederation over
Northwestern Territory, 345, 348, 351.
Views and votes of, concerning Northwestern Territory, 348.
Holds regulation of commerce to be indivisible, 371.
Views of, respecting treason, 386.
Motion of, respecting election of President, 403.
Views of, respecting amendment of Constitution, 477;
consequences of rejection of Constitution, 487.
Proposed amendment of Constitution by Congress, defeated by, 500.
Essays of, in Federalist, 503.
A leading advocate of Constitution in Virginia, 506.
Reply of, to opponents of Constitution in Virginia convention, 558.
Description of new government by, 559.
Efforts of, in Virginia convention, 564.
Opinion of, respecting conditional ratification of Constitution,
588.

_Magazines_, authority of Congress over, II. 340.

_Majority_, principle of, seldom to be departed from, II. 299.

_Mandamus Councillors_, appointment of, in Massachusetts, I. 25.
Treatment of, by the people, 25.

MANLY, JOHN, commander of the Lee, I. 74.
Captures a prize, 75.

_Maritime Jurisdiction_, of courts of United States, II. 445.
Under Confederation, 445.

MARSHALL, JOHN, a leading advocate of Constitution in Virginia, II.
506.