Abolitionists, responsibility of, for the
civil war, 247. Would not recognize
the limits of human responsibility,
247. Announced themselves enemies
of the Union, 248. Should have fore-
seen civil war, 248.
Abolitionist View of Constitution as "a
pro-slavery instrument," 36, 285, 286.
ADAMS, JOHN, elected vice-president,
125. Committee appointed to meet,
126. Makes address to Senate, 127.
"Address of the Quaker Meeting" on the
slave-trade introduced into Congress,
233. Motives of, 234. Quotation from,
234. Debate on, 237. Sent to special
committee, 238. Report of committee
on, 238.
Address to the King by the Continental
Congress, 448.
Admission of States, Articles of Confed-
eration did not provide for, 192, 193.
Interpretation of clause in Constitu-
tion concerning, 195 et seq. Equality
an incident of, 226.
Alabama, adopts ordinance of secession,
325. Takes part in formation of Con-
federacy, 325. Vagrant law of, 362,
363. Apprentice law of, 363. Registra-
tion in, under reconstruction acts, 391.
Constitutional convention in, meets,
392. Action of, as to mixed schools and
intermarriage of the races, 393. Pro-
posed constitution of, vote on, 395;
fails of ratification, 396.
Alien and Sedition Acts, passed, 2. Nature
of, 2. Denounced in the Virginia Res-
olutions of '98, 4.
Aliunde, the doctrine of, 429.
Amendments of Constitution, process of
making, irreconcilable with secession
idea, 19; prescribed in Constitution
itself, 152. To be proposed by Con-
gress or a convention of the states,
152. To be ratified by state legisla-
tures or state conventions, 152.
cess of making, preserves state sover-
eiguties, 153. First ten, necessary to
supplement Constitution, 153. Incor-
porate a Bill of Rights, 154 et seq. Sub-
ject of, introduced in First Congress,
157. Submitted to states, 157. Text of,
158, 159. First ten, designed as re-
straints on Federal government, 159.
Power to make, limited, 161. Later,
are properly part of Constitution, 161.
The Ninth and Tenth considered, 161
et seq. Power to make, not unlimited,
162. Limited in Article V., 166. Pow-
ers of Congress concerning, 379–381.
Annotated text of, 490. Ratifications
of, 497. Proclamations announcing
the adoption of, 653, 654, 658, 662.
Amendment, The Fourteenth, proposed,
375. Provisions of, 375, 376. Method
of adoption of, 378-381. Proclamation
of adoption of, 378, 379. Anomalous
relation of negro suffrage to, 389.
See also Amendments.
Amendment to Constitution, proposed by
the "Peace Convention," 334. Recep-
tion of, in Congress, 334.
ANDERSON, Major, occupies Fort Moul-
trie, 311. Abandons Fort Moultrie and
occupies Fort Sumter, 312. Reinforce-
ments sent to, 323. Message of, to
Governor Pickens, concerning Star of
the West incident, 323. Demand upon,
for evacuation of Fort Sumter, 324.
Annexations to the territory of the
United States, tabular list of, 692.
Anti-slavery Societies, legitimate sphere
of, 243. Early, 244, 250. Intelligence
CALHOUN, JOHN C., resolutions present-
ing his view of the Constitution, 17.
Influence of, in the South, 22; L. Q. C.
Lamar on, 49 et seq. Resolutions of,
on slavery, in 1838, 253. Vote on reso-
lutions of, on slavery, 255. Views of,
as to territorial possessions, 256.
Carpet-bag Government" in the South,
432.
CHANDLER, WILLIAM E., despatches of,
407, 412, 413, 418. Plan of, 407, 412, 413.
Attack of, on President Hayes, 440.
CHANNING, WILLIAM E., letter of, to
Daniel Webster on the abolition of
slavery, 246.
Charleston, forts at, seized by South
Carolina, 321. Customs officers at, re-
sign, 321.
CHASE, SALMON P., character of, 79.
Pronounces Legal Tender Act uncon-
stitutional, 79. On the relations of se-
ceded states, 80.
Citations to decisions on Constitutional
questions, 474 et seq.,
664 et seq.
Citizenship. See Scott, Dred.
Bibliography of the Constitution, 705, Civil War, The, apparent suspension of
Bill of Rights, not necessary in the Con-
stitution, 33. In the highest degree
expedient, 154. Included in the first
ten amendments, 154.
BLACK, Attorney-General, opinion of, as
to president's powers in event of se-
cession, 304, 305.
Books consulted in preparing this vol-
ume, list of, 705.
BRADLEY, Judge, selected as the fifth
judge on the Electoral Commission,
428.
BRECKINRIDGE, JOHN C., nominated for
presidency, 288. Vote of, 288.
BUCHANAN, President, duty of, to deny
alleged right of secession, 303. Prob-
lem confronting, 303, 304. Message of,
Dec. 3, 1860, 306–309; without effect
in Congress, 309; misconstrued by Re-
publicans, 310; correctly understood
in the South, 310. Course of, proper
standard for judging, 310. Interview
of, with South Carolina's commission-
ers, 312. Message of, Jan. 8, 1861, 313
et seq. Letter of, concerning seizure
of forts in Charleston Harbor, 321. Re-
ply of, to demauds of South Carolina,
324.
the Constitution during, 78, 79. Not
caused solely by slavery, 231. Respon-
sibility of abolitionists for, 247. The
only manner of deciding the right of
secession, 294. Not a necessity, 300,
301. Necessary to be prosecuted to the
end, 300. The result of complex causes,
300. The true basis of, 302, 303. Im-
pression in Europe concerning, 303.
Basis of President Buchanan's rela-
tions to, 310. The preservation of the
Union, 311. Reasons of the South for
bringing about, 337, 338. Double ca-
pacity of the United States during,
841. No new sovereignty acquired as
the result of, 341. Effect of, upon the
position of the Southern States, as
viewed by the Federal government,342.
Declaration of Congress as to purpose
of, 344. Duty of president to declare
end of, 344, 350. Not a war against
states, 350. Waged to preserve Union,
350. End of, announced by President
Johnson, 351. Text of President John-
son's proclamation declaring end of,605.
CLAY, HENRY, participation of, in debate
on admission of Missouri, 202–219.
Commerce, embargo involves power to
prohibit, 7.
Committee of Fifteen to investigate con-
dition of Southern States, 366.
"Compromise of 1850," principle of the,
264, 265. Position of Webster as to,
266. Affirmed by both Whig and Demo-
cratic conventions, 278.
Compromises on Slavery, the great, 523
et seq.
Confederate States, provisional Constitu-
tion of the, 562. Final Constitution of
the, 569.
"Confederate States of America" estab-
lished, 325.
Congress, powers of, over territorial pos-
sessions, 25, 256, 280; Hamilton on the
surrender of powers by, 29. To count
the vote for president, 99 et seq. Count
of vote by, not merely arithmetical,
100. Power of, to question authen-
ticity of electoral certificates, implied,
102. Implied powers of, 182. Leg-
islation of, concerning slavery in the
territories, prior to 1803, 196-198.
Power of, to legislate for territory
of the United States, 198, 199.
islation of, concerning slavery in ter-
ritory of Louisiana, 199, 200. Debate
in, resulting in the Missouri Com-
promise, 202-220. Possesses full power
to govern territories, 227. Powers of,
as to slavery in territories, 228, 256,
257. Claim of, to jurisdiction over re-
construction, 348; not admitted by
President Lincoln, 348. Opposition of,
to president's plan of reconstruction,
354. Powers of, concerning Constitu-
tional amendments, 379-381. Sole
function of, under amending power,
387. Created a new sovereign people
in the Southern States, 388. Function
of, in "counting" vote for president,
399; should have been exercised in
1876, 431.
Action of, concerning con-
flicting returns from Louisiana in
1872, 432.
Congress, The.Continental, some proceed-
ings in, 443-458.
Congress, The First, 84. Topics to be
acted upon by, 85. Meeting of, 124.
Counting of presidential vote by, 124
et seq. Legislation of, as to executive
departments, 142 et seq. Power of re-
inoval considered by, 143 et seq. Ac-
tions of, as to titles to be used in ad-
dressing president, 147, 148. Submits
to states first ten amendments, 157.
First revenue bill introduced in, 163.
Petition of Baltimore merchants to,
173. Debate on first revenue bill, 175;
Power of, to lay and collect taxes, 182;
implied powers of, 183 et seq.; power
of, to establish a bank, Chief-Justice
Marshall on, 183; continues in effect
ordinance of 1787, 194. "Address of
the Quaker Meeting," on the slave-
trade, presented to, 233; "Memorial
of the Pennsylvania Abolition Soci-
ety" to, 233. Action by, on the
"address" and "memorial," 237 et
seq. Speech of William Smith in, 239.
Connecticut, claims of, to western terri-
tory, ceded to the Confederation, 192.
Apprentice law of, 363.
Conscription Bill pending in Congress,
10.
Constitution, The,based on idea that polit-
ical sovereignty is capable of division
2. A compact to which the states are
parties," 4. According to the nullifica-
tion idea, 5. Scope and powers of, in
the prosecution of war, 8. Calhoun's
exposition of his view of, 17. Inter-
pretation of, largely a question of in-
tent, 18. Process of amendment an ar-
gument against hypothesis that Con-
stitution is a compact, 19. Influence
of slavery upon, 23. Modes of amend-
ment, 27; Bill of Rights not neces-
sary in, 33. Repudiated by early abo-
litionists as a "pro-slavery instru-
ment," 36, 285, 286; Northern ideas as
to suspension of, during civil war, 37.
Nature of, fully appreciated at time
of its adoption, 38. "The Federalist"
a comprehensive and accurate com-
mentary on, 33. Supremacy of, exem-
plified in administration of govern-
ment, 38. Ratification of, an absolute
grant of certain powers to a central
government, 41; Tenth Amendment
militates against fundamental idea of
secession, 42. Legislative, executive,
and judicial interpretation of, always
opposed to nullification and secession
doctrine, 56; Hamilton on the Fed-
eral judiciary under, 62 et seq. Laws
enacted in pursuance of, demand obe-
dience from individuals, 68. Every
official bound to interpret it as he
understands it, 69. Views of the nat-
ure of, held by the Supreme Court,
71, 79. Established by the people of
the several states, 71 et seq. The Su-
preme Court upon the nature of the
ence to, in Twelfth Amendment, 402.
Process of, in 1809, 403, 404. Function
of, cannot be vested in any other
body, 405. Action of Congress con-
cerning, Dec., 1876, 420.
CRITTENDEN, Senator, character of, 327,
328.
328. Regarded as the last chance of
reconciliation, 330. Final fate of, 330-
332. Text of, 525.
CROMWELL, OLIVER, and Congress con-
trasted, 375.
CURTIS, Judge, opinion of, in the Dred
Scott case, 276 277
CURTIS, BENJAMIN R., text of pamphlet
on "Executive Power" by, 668.
CUSHING, CALEB, opinion of, in the Dred
Scott case, 279.
government established by the, 72 et
seq. Powers of, not derived from a
consolidated nation, 76. Apparent sus-
pension of the, during the civil war,
78, 79. Interpretations of, in the First
Congress, 84 et seq. Inauguration of
the, 107 et seq. Slavery compromises
of the, 109 et seq. Mutual concessions | “ Crittenden Compromise," The, proposed,
necessary to form, 114. Framework of,
familiar to makers of, 114. Differs
from English system in being a writ-
ten instrument, 115. Government to
be established by, to be in three de-
partments, 115. To be a National, 115;
to be a Federal, 117. Committee ap-
pointed to put into operation, 136.
Power of amending, 152 et seq.
In-
volves division of sovereignty, 162.
Idea of compact between states em-
bodied in, 164, 165. Did not adopt
equality of men as the basis of its
political arrangement, 237. Bearing
of the, on the territory of the United
States, 256, 280. Right of secession
claimed under, 291. A series of com-
promises, 335. Alleged suspension of
the, in the Southern States, 343. Fram-
ing a, an important act of sovereignty,
386. Annotated text of, giving cita-
tions to explanatory judicial decisions,
474 et seq., 664 et seq. Ratifications of
the, 497. As a compromise on slavery,
523. Implied powers of the, 589. An-
alytical index to, 609. Bibliography
of the, 705-708. See also Amendments. |
Constitution of the Confederate States,
provisional, 562; final, 569.
Constitutional Convention, in devising a
new system, combined the National
and Federal ideas, 117. Action of, as
to navigation laws, 232; as to slave-
trade, 232, 233.
Convention of States not the paramount
power, 28.
"Convention, The Peace," 332 et seq.
Conventions, nominating, frustrate orig-
inal design of the electoral system,
106. Note of the Editor upon, 687.
Cotton, not an article of production in
1789, 176. Duty laid on, by first rev-
enne bill, 177.
"Counting" the Vote for President, a quasi-
judicial function, 399. To be performed |
by Senate and House of Representa-
tives, 399. First precedent for, 400.
Process of, in 1793, 400, 401. Law of
March 1, 1792, touching, 401. Refer-
Dartmouth College vs. Woodward, 533.
DAVIS, DAVID, prospective selection of,
for the Electoral Commission, 428.
DAVIS, JEFFERSON, course of, in the Sen-
ate, 320. Views of, 320. Elected Pres-
ident of the Confederacy, 325.
Debt of the United States, The, first reve-
nue law intended to provide for, 167.
Decisions on Constitutional Questions, ci-
tations to, 474 et seq., 664 et seq.
Declaration of the Continental Congress
"setting forth the causes and neces-
sity of their taking up arms,” 453.
Declaration of Independence, The, asserts
the natural equality of all men, 237.
Text of, 458.
"Delegated," meaning of, in Tenth
Amendment, 42-46.
Democratic Party, constitutionality of
"protection" denied by, 189. Division
in, caused by Donglas, 279, 287. Nom-
inating convention of, in 1860, 287.
Secessions from, 287, 288; Northern
convention of, nominates Douglas,
288; Southern convention of, nomi-
nates Breckinridge, 288.
DOUGLAS, STEPHEN A., author of doc-
trine of "Popular Sovereignty," 259.
Promotes amendment confirming Mis-
souri Compromise, 259. Carries “Kan-
sas-Nebraska Act," 260. Explanation
by, of his course, 262-264. Influence
of, upon the Democratic party, 279,
287. Article of, in Harper's Magazine,
on "Popular Sovereignty," 280. Nomi-
nated for presidency, 288. Vote of, 288.
Duties. See Free Trade, Protection, Executive Departments, legislation in first
Revenue.
Electoral Commission, The, reason for con-
Congress as to, 142 et seq.
Executive Interpretation of Constitution al-
ways opposed to nullification and se-
cession doctrine, 56.
stituting the, 405. Act creating, 421-"Executive Power," Judge Benjamin R.
424; every decision of, final, 424. Estab-
lishment of, unconstitutional, 425, 431.
Motives of Democratic party for con-
senting to, 425. Not necessary, 425,
426. Personal composition of, unfort-
unate, 426, 427. Organization of, 427,
428. Case of Florida before, 428, 429.
Case of Louisiana before, 429, 430.
Electoral Count of 1877, 419 et seq.
Electoral System for the appointment of
the president, 83 et seq. Did not in-
volve question of "Federal" or "Na-
tional" principle, 86. Diversities of
opinion concerning, 86. Different prop-
ositions for, 87; Hamilton on the, 90.
Seuse of the people operates by means
of, 93. Adopted to prevent disorder,
94. Did the election of Washington
militate against design of? 94. States
noticed in only two particulars in con-
nection with, 98. Mode of ascertain-
ing the vote under, 98. Two extreme
opinions as to, 99. Nominating conven-
tions frustrate original design of, 105.
Electors for President, manner of se-
lecting left to legislatures, 88. Only
two modes of selection contemplated,
89. Not intended to be merely regis-
trars of popular will, 95. Claim that
the state certificate of choice of, is
final, 100, 101, 103, 104. Cast and cer-
tify votes, 399. Eligibility of, 430.
State officers, 437.
Emancipation, Proclamation of, 347.
Text of the, 652. Text of Judge Ben-
jamin R. Curtis's pamphlet inspired
by the, 668.
Emancipation Bill, in Virginia legisla-
ture, 250, 251. Views of public men of
Virginia as to, 252.
Embargo Act, 7.
Emigrant Aid Society, 297.
England, legislative authority in, su-
preme, 107. Constitution of, not a
written instrument, 115.
Equality of Men asserted in the Declara-
tion of Independence, 237. Not adopt-
ed as basis of political arrangements
of the Constitution, 237.
Equality, Political, principle of, limited,
Curtis's pamphlet on, text of, 668.
Federal Judiciary, Hamilton on the prop-
er jurisdiction of the, 62 et seq.
Federal and National Government, dis-
tinction between, 116, 117.
"Federalist, The," quoted, 29 et seq., 34,
90 et seq. Character of, 32. A compre-
hensive and accurate commentary on
the Constitution, 38. See also HAM-
ILTON, ALEXANDER, and MADISON,
JAMES.
Federalists of New England, attitude of,
towards the war of 1812, 6.
Florida, adopts ordinance of secession,
325. Takes part in formation of Con-
federacy, 325. Vote of, necessary to
election of Hayes, 406, 407; Chandler's
despatches to, 407. Situation in, 407,
418, 419. Troops ordered into, 409. Re-
quest of governor of, for troops, 410,
417. Case of, before the Electoral Com-
mission, 428, 429, 433, 434.
FORD, PAUL LEICESTER, bibliography of
the Constitution compiled by, 708.
Foreign Affairs, Department of, establish-
ment of, by First Congress, 142 et seq.
Organized, 145.
Fort Moultrie abandoned by Major An-
derson, 312.
Fort Sumter occupied by Major Ander-
son, 312.
France, the South compared with, 369,388.
FRANKLIN, BENJAMIN, a signer of the
"Memorial of the Pennsylvania Aboli-
tion Society," 235.
Free Trade, Madison on exceptions to
the general principle of, 170; Adam
Smith on, 170. Inexpedient for a
country of diversified pursuits, 179.
Freedmen's Bureau, design and operation
of, 360. Character of officers of, 360.
Control of agents of, over negroes, 361;
General Grant on, 362.
French Republic, transformation of, to a
monarchy, 106.
GARRISON, WILLIAM LLOYD, acquaint-
ance of, with Benjamin Lundy, 246.
|