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 respecting, 286. 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 of, 12.
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- dence, 425. 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, 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. 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,
60.
321.
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. How 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, when, 477.
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,
66
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
628
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- 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.
375.
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 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-
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,
630
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 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.
E.
Eastern States, course of, respecting the navigation of the Mississippi, I.
315.
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,
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