ÆäÀÌÁö À̹ÌÁö
PDF
ePub

ture to reconsider amendments to the Fed-
eral Constitution proposed by Congress
and once rejected, § 581.

Brownson, Orestes A., Dr., opinion of, as
to the mode in which sovereignty inheres
in the people of the United States, § 61;
distinction drawn by, between Constitu-
tions as facts and Constitutions as instru-
ments of evidence, § 63, note 1.
Buchanan, James, President, opinion of, re-
specting the Topeka and Lecompton Con-
ventions, § 214.

Burke, Edmund, moral competence of gov
ernments defined by, § 305; sarcasm of,
respecting the French Bill of Rights of
1793, § 317.

Butler, Benj. F., quoted, as to conventional
sovereignty, §§ 311, 343; speech of, on the
right of Conventions to issue precepts to
the electors, § 343.

C.

Calhoun, John C., opinion of, respecting
the bearing of the mode of ratifying the
Federal Constitution, on the question of
American nationality, § 37; speech of, on
the Michigan Convention of December,
1836, § 204.

California, Convention of, of 1849, §§ 188,
189, 210; do. of 1878, § 218.

Censors, Council of, a device for effecting
the amendment of Constitutions more in-
genious than useful, § 544.

Citizens, can Conventions limit eligibility

to office to naturalized? §§ 355-361; clause
of the Federal Constitution as to rights of,
considered, §§ 358-361.

Citizenship, rights belonging to mere, in
the several States, §§ 359-361.

Colorado, Convention of, of 1864, §§ 187,
210; do. of 1865 and 1875, §§ 188, 210.
Commissions, Constitutional, a novel de-

vice for effecting the amendment of Con-
stitutions. §§ 546 a-546 d.

Committee of the whole, use of, in Con- |
ventions, $$ 290, 291: of revision, duty
and importance of, § 303; of the Illinois
Convention of 1862, on the powers of Con-
ventions, § 308.

Committees, use of, in Conventions, §§ 285-
294; members of, in various Conventions,
and reasons for and against employment
of, §§ 287-295; standing, of Conventions,
§ 295 number and duties of, how deter-
mined: precedents stated, § 296; reports
of, §§ 298-301; Conventions, but mere,
§§ 367, 453, 513.

Compact, are Constitutions, as facts, founded

on? §§ 65 67; are Constitutions, as instru-
ments of evidence, founded on? § 68.
Congress, the Continental, advice of, to
Massachusetts, New Hampshire, Virginia,
and South Carolina, in 1775, relative to
the establishment therein of governments!
independent of the crown, § 127; resolution
of, of May 10, 1776, respecting the forma-
tion of such governments in the colonies

generally, §§ 128, 129; as a Convention,
framing the Articles of Confederation, his-
tory and character of, §§ 159-161; a Pro-
vincial, the first independent government
of South Carolina, § 131; do. of New Jer-
sey, § 139; do. of Maryland, § 145; do. of
Georgia, § 147; do. of New York, § 150:
power of Conventions, as legislatures, to
district their States for members of, §§ 442
-446; when amendments to the Federal
Constitution have been proposed by, to
the States, and been passed upon by the
State legislatures, can they or their suc-
cessors reverse their action? §§ 576-584;
can such amendments be recalled by ? §§

585-586.

Congresses, Provincial, revolution of 1776
consummated by, § 10; history and pow-
ers of, 126.

Connecticut, Convention of, of 1818, § 219,
and note 1.

Constitution, theory of the, fundamental
to this inquiry, § 17: the term defined,
§ 63; of the United States, bearing of the
mode of ratification of, on the question of
American nationality, §§ 37, 38; character
of, as regarded by the Conventions called
to ratify it, § 42; opinion of Patrick Henry
as to its character, § 42; opinion of Mr.
Taylor of North Carolina, § 42; forms part
of the Constitutions of the several States,
$92; is supreme, §§ 93, 94; should be kept
independent of those of the States, § 95:
opinion of Mr. Webster on the point, § 95;
distinction between a, and an ordinary
municipal law, §§ 85-87; the term, how
used in this treatise. § 103; may become
valid, though the Convention which framed
it is illegitimate, § 124; the first New Hamp-
shire, formation of, § 131; the New Hamp
shire, of 1783, formation of, § 132; the first
South Carolina, § 133; the South Carolina,
of 1778, formation and character of, § 136;
the first American, by whom framed, § 138,
note 1: the Virginia, of 1776, validity of,
considered, § 138, note 2; the New York,
of 1777, character of, § 152; the Vermont,
of 1777, character of, § 154; attempts of
the General Assembly to give validity to,
§ 154; the, framed by the Federal Conven-
tion of 1787, character of, § 166; the Ken-
tucky, of 1792, formation of, §§ 173, 174;
the Maine, of 1819, formation of, §§ 175-
177; the West Virginia, of 1863, formation
of, §§ 181, 182; the Tennessee, of 1796, for-
mation of, §§ 190-197; signing of a, by
members of a Convention, § 304: Federal,
power of Conventions, as legislatures, to
ratify proposed amendments to, § 447;
Trial of the, by Fisher, quoted as to the
inadequacy of the provision of the Federal
Constitution for its own amendment, § 543,
note; extent to which a new repeals an
old, in the absence of repealing clauses,
$574; question whether principles as to
amending a State apply also to the Fed-
eral, 575; when an amendment to the
Federal, proposed by Congress, has been
passed upon by a State, can its action be

reconsidered by it and reversed? §§ 576-
584; when Congress has submitted amend-
ments to, to the States, can it recall them?
§ 585; how long are amendments to, sub-
mitted to the States, open to adoption or
rejection? §§ 585, 586; Federal, can a
Convention prescribe what legislature shall
act upon an amendment to, proposed by
Congress? § 449 a; when a State legisla-
ture has passed upon an amendment pro-
posed to, by Congress, can it or its succes-
sor reverse its vote? §§ 576-584; can Con-
gress recall such a proposed amendment?
$$ 585-586.

-

Constitutions, enactment of in England
and France, § 1; as organic growths, dis-
tinguished from Constitutions as instru-
ments of evidence, § 63; "as they ought
to be," defined and contrasted with Con-
stitutions as organic growths, § 64; nature
and varieties of as organic growths, $$ 65-
67; are they founded on compact? §§ 65-
67; are, as instruments of evidence, founded
on compact? § 68; where discrepancies ex-
ist between, as organic growths, and as in-
struments of evidence, which have the
superior validity? § 69; varieties of, as in-
struments of evidence, § 71; cumulative,
defined, § 72; enacted, defined, § 73; writ-
ten and unwritten, defined and contrasted,
§§ 74-76; advantages of written, § 77; dis-
advantages of, § 78; opinion of De Mais-
tre, § 78, note 1; advantages of unwritten,
§ 79; disadvantages of, § 80; balance of
excellences and defects between the two,
§ 81; requisites for safe operation of writ-
ten, §§ 82, 83; all, save two, in the United
States, have been written, § 84; varieties,
mutual relations, and internal structure of
the American, §§ 84, 88-103; two varieties
of those framed for the United States
and those framed for the States, § 88; dis-
tinctions between the two, §§ 88-95; rules
of construction applicable to them respec-
tively, § 91; the Federal Constitution a
part of the several State, § 92; of the sev-
eral States, part of the Federal Constitu-
tion, § 92; of the States and of the Union
should be kept independent; opinion of
Mr. Webster, § 95; internal structure of
American, §§ 96-103; generally contain, 1.
Bill of Rights, §§ 96-99; 2, Frame of Gov-
ernment, §§ 100, 101; 3, Schedule, §§ 102,
103; resolution of the Continental Con-
gress respecting the formation of the earli-
est, in the colonies, §§ 128, 129; first two
of South Carolina, judicial decision as to
validity of, § 136, note 2; can Conventions
be bound by the Acts calling them to make
submission of, to the people? §§ 410-414;
submission of, to the people, duty of Con-
ventions in general to make, § 479; duty, │
where neither the Convention Act nor the
Constitution requires it, § 481; duty, where
submission is expressly required by law,
§§ 482, 483; duty, where submission is ex-
pressly dispensed with. §§ 484-486; prece-
dents relating to the submission of, §§ 487-
495; by whom submission of, should be

made, §§ 497-499; to whom submission of,
should be made, §§ 500-509 b; nature of
the act performed by the people, where
submission of, is made, §§ 510-513; man-
ner in which submission of, should be
made, §§ 514-520; promulgation of, §§
521-524; amendments to, general doc-
trine as to stated, §§ 525–529.
Convention, THE CONSTITUTIONAL, em-
ployed in America to frame the funda-
mental law, § 1; importance of, in gen-
eral, 2; relation of, to secession, § 3;
THE SPONTANEOUS, or PUBLIC MEETING,
$5; THE LEGISLATIVE or GENERAL AS-
SEMBLY, 6; THE REVOLUTIONARY, § 7;
examples of the Revolutionary, in Eng-
land, § 8; do. in America, § 9; Revolu-
tionary, of Massachusetts, of 1869, § 9:
French National, § 10; THE CONSTITU-
TIONAL, defined and contrasted with the
foregoing, § 11; exercising usurped pow-
ers, how to be classed, § 12; the Revolu-
tionary, exercising the powers of a Con-
stitutional, how to be classed, § 12; the
Constitutional, summary of history of,
§§ 13, 14; an adaptation to constitutional
uses, of the Revolutionary, § 15; miscon-
ceptions prevalent respecting the nature
of, § 15; constitutes one of the five agen-
cies through which sovereignty indirectly
manifests itself, § 24; relative rank of,
$ 24; Federal, of 1787, action of, respect-
ing the ratification of the Federal Consti-
tution, $$ 36, 37, 166; proper modes of
initiating or calling a, §§ 104, 114-116;
by whom should a, be called? §§ 118-121;
in what manner should a, be called? §§ 122,
123; opinion of the New York Council of
Revision on the proper mode of calling a,
§ 122; although a, be illegitimate, the Con-
stitution framed by, may become valid,
§ 124; the first independent government
of Virginia, a Provincial, 138; do. of
Pennsylvania, § 143; do. of North Carolina,
§ 145; do. of Massachusetts, § 156: history
and character of the New Hampshire, of
1775, § 131; do. of 1778, § 132; do. of 1781,
§ 132; the South Carolina, of 1776, §§ 133,
134; do. of 1778, §§ 135-137; the Virginia,
of 1776, § 138; the New Jersey, of 1776,
$$ 139, 140; the Delaware, of 1776. §§ 141,
142; the Pennsylvania, of 1776, §§ 143,
144; the Maryland, of 1776, § 145; the
North Carolina, of 1776, § 146; the Geor-
gia, of 1776, § 147; do. of 1788, §§ 148,
149, 167; do. of January, 1789, §§ 147, 167,
217, 219; do. of May, 1789, §§ 148, 149, 167,
217, 219: the New York, of 1776, §§ 150-
152; the Vermont, of 1777, §§ 153, 154; do.
of 1785 and of 1786, § 155; the Massachu-
setts, of 1778, § 156; do. of 1779, §§ 157,
158; the Continental Congress acting as a,
§§ 160, 161; the Annapolis, § 163; the
Federal, of 1787, §§ 163, 166; the Ken-
tucky, of 1792. §§ 173, 174; the Maine, of
1819, §§ 175-177; the Virginia (Recon-
struction). of 1861, § 178; the Ohio, of
1802, § 187; the Louisiana, of 1811, § 187:
the Indiana, of 1816, § 187; the Missis-

sippi, of 1817, § 187; the Illinois, of 1818,
§ 187; the Alabama, of, 1819, § 187; the
the Missouri, of 1820, § 187; the Texas,
of 1845, § 187; the Wisconsin, of 1846,
$187; the Minnesota, of 1857, § 187; the
Kansas, of 1859, § 187; the Nevada, of
1864, § 187; the Nebraska, of 1864, § 187;
the Colorado, of 1864, § 187; the Iowa, of
1844, §§ 188, 197, 210; do. of 1846, §§ 188,
197, 210; the Wisconsin, of 1847, §§ 188,
197, 210; the California, of 1849, §§ 188,
197, 210; the Kansas, of 1855, §§ 188, 189,
211, 212; do. of 1857, §§ 188, 197, 213-216;
do. of 1858, §§ 188, 211-216; do. of, 1859,
§§ 211-216; the Oregon, of 1857, §§ 188,
189, 210; the Nevada, of 1863, §§ 188,
189, 210; the Tennessee, of 1796, §§ 190-
197; the Michigan, of 1835, §§ 188-198,
201, 208; do. of September, 1836, §§ 188-
199, 202; do. of December, 1836, §§ 188,
189, 199-201, 203-209; the Arkansas, of
1836, §§ 188, 189, 210; the Florida, of 1838,
$S 188, 189, 210; the Alabama, of 1875,
S$ 217, 218; the California, of 1878, §§ 217
-218; the Delaware, of 1831 and 1852, §§
217, 218; the Florida, of 1885, §§ 217, 218;
the Georgia, of January, 1789, May, 1789,
1795, 1798, and 1877, §§ 217, 218: the
Illinois, of 1848, 1862, and 1869, §§ 217,
218; the Iowa, of 1857, §§ 217, 218; the
Kentucky, of 1799 and 1849, §§ 217-218;
the Louisiana, of 1844, §§ 217, 218; the
Maryland, of 1864 and 1867, §§ 217, 218;
the Massachusetts, of 1821, §§ 217, 218;
the Michigan, of 1850 and 1867, §§ 217,
218; the Mississippi, of 1832, §§ 217, 218;
the Missouri, of 1875, §§ 217, 218; the Ne-
braska, of 1875, §§ 217, 218; the New
Hampshire, of 1791, 1850, and 1876, §§ 217,
218; the New York, of 1867, §§ 217, 218;
the North Carolina, of 1875, §§ 217, 218;
the Ohio, of 1850 and 1873, §§ 217. 218;
the Tennessee, of 1834, §§ 217, 218; the
Arkansas, of 1874, §§ 217, 219; the Con-
necticut, of 1818, §§ 217, 219; the Georgia,
of 1833 and 1839, §§ 217, 219; the Indi-
ana, of 1850, §§ 217, 219; the Louisiana,
of 1852 and 1879, §§ 217, 219; the Massa-
chusetts, of 1853, §§ 217, 219; the Mis-
souri, of 1845, 1861, and 1865, §§ 217, 219;
the New Hampshire, of 1876, §§ 217, 219:
the New Jersey, of 1844, §§ 217, 219; the
York of 1801, 1821, and 1846, §§ 217, 219;
the North Carolina, of 1835, §§ 217, 219;
the Pennsylvania, of 1837 and 1872, §§ 217,
219; the Rhode Island, of 1824, 1834, 1841,
and 1842, §§ 217, 219; the South Carolina,
of 1790, §§ 217, 219; the Tennessee, of
1870, §§ 217, 219: the Texas, of 1876,
SS 217, 219; the Virginia, of 1829 and
1850, §§ 217, 219; the Vermont, of 1785,
&c., § 220; the Pennsylvania, of 1789,
§§ 221-225; the Delaware, of 1792, §§ 221-
225; the Maryland, of 1850, §§ 221-225;
the Rhode Island, of 1841 ("People's
Convention"), §§ 226-246; the Montgom-
ery, to frame a Constitution for the South-
ern Confederacy, § 259: by whom a,
should be elected, §§ 260, 261; prece- |

dents and exceptional cases considered,
§§ 262-266; delegates elected to the first
series of Reconstruction Conventions, §
263; to the New York Convention of 1821,
$264; to the Rhode Island Conventions
of 1841 and 1842, §§ 265, 266; to the
New Jersey Convention of 1844, §§ 265 a,
266; to the Tennessee Convention of 1870,
§ 265 a; to the second series of Reconstruc-
tion Conventions of 1867 and 1868, § 266;
to the Georgia Convention of 1788, §§ 264,
266: to the Maryland Convention of 1867,
§§ 265 a, 266; the Minnesota, of 1857, di-
vided into two Conventions, § 270; the
New Jersey, of 1844. delegates elected to,
from all parties, § 271; questions as to the
powers of a, in relation to the sovereign,
or to sovereign rights, §§ 315-318; in re-
lation to the State as a whole, §§ 320-330;
in relation to the electors, §§ 331-361; in
relation to the several departments of the
government of the State, §§ 366-449; can
a, appoint officers to fill vacancies in the
government? § 325; can a, eject from office
persons appointed thereto by the govern-
ment, §§ 326-330; can a, direct govern-
ment officers in the discharge of their
duties? §§ 325, 326; Missouri, of 1865, or-
dinance of, to vacate offices under the
State government, §§ 327-330; is the Act
calling a, a government measure? § 398;
opinion of the Supreme Court of New
York as to the power of a legislature to
modify the Act calling a, Appendix D,
p. 663.
Conventions, Varieties of, in the United
States, §§ 4-16; Spontaneous, described,
$84, 5; Legislative, or General Assemblies,
$6; Revolutionary, §§ 7-10; Constitu-
tional, §§ 11-16; Provincial or Congresses,
§§ 10, 126; to ratify the Federal Constitu-
tion, opinions expressed in, as to its char-
acter, § 42; of the Revolutionary period,
from 1776 to 1789, §§ 126-169; called to
ratify Federal or State Constitutions, § 167;
of the post-revolutionary period, from 1789
to the present, §§ 170-259; called to frame
Constitutions for States to be formed within
the jurisdiction of States members of the
Union, §§ 171-185; called to frame Con-
stitutions for States to be formed out of
Federal Territory, under enabling Acts of
Congress, $186, 187: without enabling
Acts, §§ 188-216; called to revise the Con-
stitutions of States members of the Union,
§§ 217-258 d; called by legislative author-
ity in pursuance of constitutional provi-
sions, $218; called by legislative authority
without constitutional provisions, § 219:
called by Councils of Censors, § 220; called
by legislative authority, in disregard of
constitutional provisions, §§ 221-225; called
in defiance of the existing government,
§§ 226-246; Secession, §§ 247-250; Recon-
struction, first series of, §§ 250, 258; do.,
second series of, §§ 258 a-258 d; by whom,
should be and have been elected, §§ 260-
266; who may be members of, §§ 267-269;
constitution of, in one chamber or in two,

$$ 270, 271; internal organization of,
272-284; officers of, § 274; should mem-
bers of be sworn? form of oath, §§ 277-
283; rules for the government of, § 284:
mode of proceeding of, $$ 285-304: em-
ployment of committees in, §§ 285-294;
standing committees of, § 295; powers of,
$$ 305-478; two theories as to powers of,
$$ 307-310; theory of the sovereignty of,
a novelty, §§ 311, 312; question of the
sovereignty of, considered, §§ 315-319;
powers of, with reference to the govern-
ment of the state, as a whole, §§ 320-330;
can they fill vacancies in the various gov-
ernmental departments? §§ 325, 327-330;
can they eject from office appointees of the
government? §§ 325-330; can they direct
governmental officers in the discharge of
their duties? §§ 325, 326; powers of, with
reference to the electors, §§ 331-364; can
they disfranchise electors? §§ 335-337;
can they fill their own vacancies? § 338;
can they authorize the colleagues of de-
ceased or resigning members to name their
successors?$339; can they issue precepts
to the electors directing them to fill vacan-
cies? §§ 340-347; can the electors hold
elections to fill vacancies in, at such time
or manner as they may think fit? §§ 348,
349; can they receive as delegates, per-
sons elected at a time or in a manner not
provided by law? $ 350; can they limit
the discretion of the electors, or of the
sovereign, in the discharge of their duties?
§§ 351-362; can the electors instruct their
delegates to? §§ 362-364; relations of, to
the executive and judiciary, § 366; rela-
tions of, to the legislature, and powers
therefrom resulting, §§ 366-449; are but
mere committees, § 367; structure and
functions of, contrasted with those of
legislatures, §§ 367-375; power of, to an-
nul perfect rights, § 370, note 1; can legis-
latures bind? §§ 376-418; conceding the
power to bind, in what particulars may
they do so? $$379, 380; precedents stated
and considered, § 381; can they impose
limitations as to the recommendations
conventions shall or shall not make? pre-
cedents stated, §§ 381 a, 382, 382 c; cases
in which legislatures have given positive
directions to frame certain specific amend-
ments, §§ 382 a, 382 c; cases stated in
which legislatures have prohibited, from
recommending certain amendments, or to
do certain acts, §§ 382 b, 382 c; cases in
which power to bind, has been discussed
in legislatures or conventions, §§ 383-387;
question of power of legislatures to bind,
passed upon by Supreme Court of Penn-
sylvania, §§ 409 a-409 e; can legislatures
bind, to submit the fruit of their labors to
the people? $$ 410-418; do Conventions
possess legislative powers? §§ 419-441;
power of, to repeal ordinary laws, §§ 430-
434; power of, to appropriate money,
§§ 435-441 b; power of, to act as a legis
lature in matters required by the Federal
Constitution to be transacted by the legis-

latures of the States, §§ 442-447; as, to
prescribe the times, places, and manner of
electing senators and representatives in
Congress, §§ 442-446; or to ratify pro-
posed amendments to the Federal Consti-
tution, § 447; power of, to fetter a discre-
tion confided by the Federal Constitution
to a State legislature, §§ 448, 449; power
of, to prescribe what legislature shall pass
upon an amendment to the Federal Con-
stitution, proposed by Congress, § 449 a;
or require state officers to take an oath to
support the Federal Constitution? § 449,
note; powers of, with reference to their
internal relations, express and implied,
§§ 450-470 a; powers of, with reference to
their organization, to the maintenance of
order, and to the conduct of their business,
§§ 454-458; power of, to arrest or punish
their own members or strangers, §§ 459-
470 a; privileges of members of, §§ 471,
472 a; power of, to prolong or perpetuate
their existence, §§ 473-478; duty of, to
submit their work to the people, in gen-
eral, § 479; duty of, where neither the
Convention Act nor the Constitution re-
quires submission, §§ 480, 481; duty of,
where submission is expressly required by
law, §§ 482, 483; duty of, where submis-
sion is by law expressly dispensed with,
§§ 484-486; cases in which submission
has been made by, stated, and observa-
tions upon them, §§ 487-495, and notes;
list of all that have been held in the United
States, Appendix B, p. 643.

Corollaries, practical, relating to the exer-
cise of sovereignty, § 25.

Council of Censors, a device for effecting
the amendment of Constitutions more in-
genious than useful, § 544.

description of,

Council of Revision, New York, opinion
of, relating to the proper manner of calling
a Convention, §§ 122, 484, 534, and Appen-
dix F, p. 669.
Counter- Revolutions,
§ 111.
Court, Supreme, of the United States, opin-
ion of, bearing on the question of Ameri-
can nationality, § 46; opinion of, bearing
on the question whether the States were
sovereign under the confederation, § 50;
of South Carolina, as to the validity of the
first two South Carolina Constitutions,
§ 136, note 2; of Michigan, and of Ohio,
on the validity of the first Convention of
Michigan, and of the government estab-
lished thereby, §§ 207, and note 1, on p.
198; of the United States, on the same
question, §§ 207, 208; do. on the validity
of the " People's Constitution" and gov-
ernment of Rhode Island, §§ 229-231; of
New York, opinion of, on the question of
the validity of the Act of Assembly modify-
ing the Convention Act of 1845, Appendix
D), p. 663; of Pennsylvania, on power of
legislatures to bind Conventions, §§ 409 a-
409 c of Illinois, opinion of, as to repeal-
ability of an Act submitted to and adopted
by the people, §§ 407, 408; of Delaware,

opinion of, relative to legislation by the
people, § 418; of Illinois, decision of, re-
specting the "Chicago Ordinance," § 432;
of Arkansas, opinion of, respecting the
extent of the power of a legislature to
recommend amendments to a Constitu-
tion, §§ 551-555; of Rhode Island, on the
question of amending the Constitution,
§§ 573, 574.

D.

Dallas, George M., opinion of, as to the
powers of Conventions, § 308.
Davis, Henry Winter, speech of, on the Le-
compton Convention, $215.
Debates, of Conventions, character of,
§ 457 provisions for preserving, § 275.
Delaware, Convention of, 1776, §§ 141,
142 do. of 1831 and 1852, § 217, 218; do.
of 1792, §§ 217, 219-225.

Delegates, to Conventions, who may be,
§§ 267-269; can Conventions receive as,
persons elected at a time or in a manner
not provided by law? § 350.

De Maistre, opinion of, respecting written
Constitutions, § 78, note 1.

Democracies, Constitutions of, § 70.
Dorr, Thomas W., elected Governor of
Rhode Island by the people's party,"
§ 228.

E.

46

Elections to fill vacancies in Conventions,
when and how to be made, §§ 348, 349.
Electors, the, one of the agencies through
which sovereignty indirectly manifests it-
self, § 24; relative rank of, § 24; impro-
priety of leaving the duty of calling Con-
ventions to, § 118; commonly the only
constituents of Conventions, §§ 260-266;
functions and relations to Conventions of
the, §§ 314, 331-334, 364; powers of Con-
ventions with reference to the, §§ 335-365;
can Conventions disfranchise? $$ 335-337;
can Conventions exercise the functions of,
to elect delegates to fill vacancies in their
own ranks, or authorize the colleagues of
deceased or resigning members to fill
them? §§ 338, 339; can Conventions issue
precepts to the, directing elections to fill
vacancies? §§ 340-347; can elections be
held by the, at any time or manner they
may think fit? § 348; can Conventions
limit the discretion of the, in regard to the
persons whom they shall or shall not elect
to office? §§ 351-361; can the, instruct
their delegates to Conventions? §§ 362-

364.

England, enactment of Constitutions in,
§ 1.

Ewing, Thomas, speech of, on the Michi-
gan Convention of December, 1836, §
205.

Executive, the, one of the agencies through

which sovereignty indirectly manifests

itself, §24; relative rank of, § 24: impro-
priety of leaving the duty of calling Con-
ventions to, § 120; relations of, to Conven-
tions, § 366.

Executive act, the act of the people in
passing upon a fundamental law, not an,
$$ 510-513.

Expressio unius, &c., applicability of the
maxim to the construction of Constitu-
tions, $$ 572-574 c.

F.

Federal, Convention of 1787, §§ 163-166;
discussion in, as to binding force upon it-
self of the acts under which it assembled,
§§ 383-386.

Fisher, Trial of the Constitution, quoted, as
to the inadequacy of the mode provided in
the Federal Constitution for its own amend-
ment, § 543, note.

Florida Convention, of 1838, §§ 188, 189,
210; do. of 1885, §§ 217, 218; do. of 1861,
§§ 247-250; do. of 1865, §§ 250-258; do.
of 1868, §§ 258 a-258 d.

Frame of Government, as a part of the
American Constitutions, definition and
contents of, §§ 100, 101.

France, enactment of Constitutions in, § 1.
Frankland, State of, § 190.

Franklin, Benjamin, sketch of Articles of
Confederation prepared by, § 159.

G.

Gaston, the Hon. Mr., opinion of, as to the
powers of the North Carolina Convention
of 1835, § 387.

Georgia Convention, of 1776, § 147; do. of
1788, §§ 148, 149; do. of January, 1789,
and of May, 1789, §§ 148, 149, 218; do. of
1795, 1798, and 1877. §§ 217, 218; do. of
1833 and 1839, §§ 217, 219; do. of 1861, §§
247-250; do. of 1865, §§ 250-258; do. of
1867, §§ 258 a-258 d.

Government, leading principles of the
American system of, §1; branches or
departments of, by which sovereignty is
indirectly manifested, § 24; relative rank
of the various departments of, § 25; was
that established by the Federal Constitu-
tion a consolidated? §§ 42-45; opinion of
Patrick Henry as to the character of the
Federal, § 42; opinion of Mr. Taylor, of
North Carolina, § 42; opinion of James
Wilson, of Pennsylvania, § 42; defini-
tion of a consolidated, § 43; of the United
States, partly Federal, partly national,
§ 43; form of, in the colonies, in the early
period of the Revolution, §§ 126, 127, 133,
137, 139, 143, 145, 146, 147, 150, 156; is
the Convention a part of the system of?
§ 320; are members of Conventions officers
of? §§ 323-324; can a Convention appoint
officers to fill vacancies in? §§ 325-330;
can a Convention eject from office persons
holding office under? §§ 325, 326; can a

« ÀÌÀü°è¼Ó »