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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 gov-
ernment 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 Annapo-
lis and Virginia.
Commercial Power asked for by Con-
gress, I. 285. Aetion of the States
Commercial Treaties, want of, dis-
played, I. 277. Existing at the peace,
279. How far the Confederation com-
petent to make, 279. Why not made
with England, 282. Congress endeav-
ors to get power to make, 285. At-
tempt to negotiate without power,
286. States refuse the power to make,
287. Fruitless efforts of the commis-
sioners 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 Con-
federation, I. 146.
Committees of Correspondence recom-
mended by Virginia, I. 11. Agency
Common Law, one of the rights of the
Colonies, I. 23. And equity, distinc-
tion between, preserved by Constitu-
tion, II. 425. Basis of State jurispru-
Commutation. See Half-Pay.
Compromises between national and fed-
eral systems, II. 102, 104. Lie at
the basis of the Constitution, 129.
Respecting formation of Congress,
141, 167, 195; representation in Con-
gress, 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,
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. Op-
eration 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, ad-
hered to, 225. Summary of its oper-
ations, 228. Incapacity of, to protect
the State governments, 260. Had
no strict power to hold or manage
public lands, 291. Decay and fail-
ure of, 328; II. 13. Fatal defect in
the principle of the, I. 371. Nature
of, II. 16. Had no power of compul-
sion, 16, 376. Powers of, 27. Prin-
ciple of, 33. Rule of suffrage under,
42. Had no executive or judiciary,
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 Con-
vention in session, 178. Relation of,
to States, 179. States opposed to
entering, except on full federal equal-
ity, 227. Had no seat of govern-
ment, 268. Want of power in, over
commerce, 279; over revenues, 279.
Engagements of, proposal to assume,
Want of power in, to admit
new States, 349. Rule of, respecting
making of treaties, 376, 416, 441.
Nature and objects of, 448.
amended, 473. Chief cause of fail-
ure of, 573. See Articles of Confeder-
ation 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, IL
133, 226; powers of, I. 144; restric-
tions on powers of, 146; attendance
diminished after the peace, 189; driv-
en from Philadelphia by a mutiny,
&c. of its own members, 262; to de-
termine its own rules of proceeding,
263; to keep journal, 263. Adjourn-
ment of, 275, 419. Exclusive sover-
eign of District of Columbia, 277.
Time of meeting of, 277. To make
all necessary and proper laws for ex-
ecution 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 rec-
ords, &c., 449. To propose amend-
ments to Constitution, 477. To call
Convention to amend Constitution,
220; decline of, 226; meeting of, in
1783, 235; thinly attended, 235;
appointment and attendance of dele-
gates, 237, 239; perpetually in ses-
sion, 238; public objects to be ac-
complished by, 239; condition of, in
1785, 339; unfitted to revise the fed-
eral system, 364; had but one cham-
ber, II. 132; resolution for continu-
ance of, 176; method of voting in,
226; members of, chosen annual-
ly, and liable to recall, 241; ap-
pointment 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 North-
west 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 sug-
gested, 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 con-
cerning, 340, 358; limited, 340; over
soil of national domain, 351; pro-
posed, 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 Conven-
tion respecting, 258; objections to
States paying, 259; privileged from
arrest, 263; punishment and expul-
sion 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. Ad-
mission of members of Cabinet, &c.
to, question respecting, 253. Each
house of, to be judge of elections,
Connecticut, a charter government, I. 5.
Governor, council, and representa-
tives always chosen by the people,
6. Had five representatives in first
House, 149. Cedes claims to West-
ern territory, 300, 344. Appoints
and instructs delegates to the Con-
vention, 369. Opposed to Conven-
tion, II. 23; to executive holding of-
fice during good behavior," 173;
to property qualification for office,
189; to nine years' citizenship as
qualification of Senator, 224; to tax-
ing exports, 296; to restricting Pres-
ident to stated salary, 407. In favor
of equality of suffrage in both branch-
es of Congress, 122, 138; of equal
representation of States in Senate,
141, 148, 165; of census of free in-
habitants, 153; of referring Consti-
tution to State legislatures, 184; of
each State having one vote in Sen-
ate, 227. Vote of, respecting citizen-
ship as qualification for office, 209;
respecting money bills, 216, 218; re-
specting eligibility of members of
Congress to office, 251; respecting
slave-trade, 305. Ratification of Con-
stitution 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 pow-
ers in some respects, 73. Republican
government guaranteed to States by,
80, 458, 468. Capacity of, of amend-
ment, 84. Why submitted to peo-
ple 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 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,
Constitutional Convention, first sugges-
tion of, I. 206. First suggested by
Massachusetts, 336. Suggestion of
Massachusetts respecting, not adopt-
cd, 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.
tials of members of, in 1776, 105.
Constitution of, II. 42.
Continental Currency first issued, I.
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
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-
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
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-
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,
gress respecting, 258. Of States,
proposition to assume, II. 319. Of
United States, provision for payment
of, 320; power of Congress to pay,
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-
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,
DICKINSON, JOHN, in favor of tax on
Dictatorship. See Washington.
exports, II. 284.
District of Columbia, under exclusive
Dock-Yards, authority of Congress
government of Congress, II. 277.
over, II. 340.
DORSET, Duke of, reply of, to the
DUANE, JAMES, efforts of, to procure
American Commissioners, I. 289.
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.
Eastern States, course of, respecting
the navigation of the Mississippi, I.
Elections, frequency of, favored, II. 241.
Elective Franchise, could not be con-
Electors, of President, advantages of,
fined to native citizens, II. 198.
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
ELLSWORTH, OLIVER, compromise
of, 194, 200.
respecting Congress proposed by, II.
141. Opposed to tax on exports,
294. Influence and arguments of,
Emigration, from Europe, a subject of
in Connecticut convention, 528.
England, government of, not a model
solicitude, II. 195.
English Language spoken by the colo-
for the Constitution, I. 391.
nists, I. 3, 9.
English Laws inherited by the colo-
nists, I. 9.
Equity and common law, distinction
Enlistments. See Army and Bounties.
between, preserved by Constitution,