Convention direct officers of, in the dis-
charge of their duties? 325, 326; is an
Act calling a Convention a government
measure?398; is a power to recommend
amendments to a Constitution amongst the
general powers of? § 555.
Grimke, Mr., of South Carolina, opinion
of, quoted, § 48.
Hallett, B. F., argument of, in the case of
Luther v. Borden, § 233; opinion of, re-
specting the sovereignty of Conventions,
§311; speech of, on the right of Conven-
tions to issue precepts to the electors,
§ 344.
Hamilton, Alexander, opinion of, as to the
powers and duty of the Federal. Conven-
tion, §§ 40, 385.
Henry, Patrick, opinion of, as to the loca-
tion of sovereignty in the United States,
§ 42.
Holst, von, Professor, observations of the
author upon a notice of this work in Sybel's
Historische Zeitschrift, Appendix C, p.
Howe, Senator, opinion of, respecting the
submission to the executive of amend-
ments proposed by Congress to the Federal
Constitution, § 559.
Howell, R. K., Judge, appointed president
pro tem. of the Louisiana Convention of
1864, § 475.
Hurd, John Codman, opinion of, as to the
location of sovereignty in the United
States, 60; on the distinction between
Constitutions, as objective facts, and as
instruments of evidence, § 63, note 1.
Illegitimate and revolutionary, distinction
between, § 113.
Illinois, Convention of, of 1818, § 187; do.
of 1847, and of 1862, §§ 217, 218; do. of
1862, form of oath administered to mem-
bers of, §§ 282, 283; do. of 1862, charge
against members of, of complicity with
Knights of the Golden Circle, §§ 467, 468.
Indiana, Convention of, of 1816, §§ 186,
187; do. of 1850, §§ 217, 219.
Instructions, can the electors give, to their
delegates to Conventions? §§ 362-364.
Iowa, Convention of, of 1844, §§ 188, 189;
do. of 1846, §§ 188, 189; do. of 1857,
§§ 217, 218.
Jay, John, participation of, in the formation
of the New York Constitution of 1777,
$$ 151, 152.
Jefferson, Thomas, character of the Vir-
ginia Convention of 1776, as given by,
138; opinion of respecting the repeal-
Kansas, Convention, of 1885 (Topeka), §§
211, 212; do. of 1857 (Lecompton), §§ 213-
216; do. of 1858 (Leavenworth) and 1859
(Wyandotte), § 216; submission of Con-
stitution of, of 1857, to the people, §§ 415,
416, 514-520.
Kent, James, Chancellor, opinion of, bear-
ing on the question of American nation-
ality, § 48.
Kentucky, erection of the District of, into
a State; history of Convention of, of 1792,
§§ 173, 174; Conventions of, of 1799 and
1849, §§ 217, 218; resolutions of, of 1798,
§§ 47, 50.
Knights of the Golden Circle, charge of
complicity with, against members of the
Illinois Convention of 1862, §§ 467, 468.
Laboulaye, Edouard, extracts from article
by, in Revue des Deux Mondes, on the
constituent power (Du Pouvoir Constitu-
ant), Appendix A, p. 637.
Law, fundamental, or Constitution, a funda-
mental conception in this inquiry, § 17;
fundamental and ordinary municipal, dis-
tinction between, §§ 85-87; duty of leg-
islatures to frame the municipal, and of
Conventions to frame the fundamental, §§
370-372; language of a, § 406.
Laws, power of Conventions to repeal ordi-
nary, $$ 430-434.
Leavenworth Convention of Kansas, § 216.
Lecompton Convention of Kansas, history
and character of, §§ 213-216; Constitution,
submission of, to the people, §§ 517-520.
Legislation, various kinds of, how effected
here and in other countries, § 1; are acts
calling Conventions properly acts of ordi-
nary? §§ 404-409; the act of the people
in passing upon a fundamental law an act
of, § 513.
Legislative powers, do Conventions pos-
sess? §§ 419, 441 b.
Legislature, the, or General Assembly, de-
scribed, § 6; one of the agencies through
which sovereignty indirectly manifests it-
self, § 24; relative rank of, § 24; the proper
body to call Conventions, §§ 121, 394-396;
relative numbers constituting the, in Eng-
land and the United States, § 121; of Vir-
ginia, of May 6, 1862, validity of, §§ 183-
185; relation of Conventions to the, and
their powers resulting therefrom, §§ 366-
418; structure and functions of the Con-
vention contrasted with those of the, §§ 367
-375; can the, bind the Convention? §§ 376
-418; limits of the power of the, to restrict
the Convention in general, §§ 379-382;
power of the, to dictate to the Convention
what it shall or shall not recommend,
§§ 381, 382; question discussed in various
Conventions, §§ 383-387; where Acts of
the, which have been voted on by the peo-
ple, are conceded to bind the Convention,
source of their validity, §§ 389-409; can
the, bind the Convention by its Acts to
submit the fruit of its deliberation to the
people, §§ 410-418; can a Convention act
as a, in matters by the Federal Constitu-
tion required to be transacted by the legis-
latures of the several States? §§ 419, 442,
447; can a Convention prescribe the times,
places, and manner of electing Senators
and Representatives in Congress? §§ 442-
446; can a, as a legislature, ratify pro-
posed amendments to the Federal Consti-
tution? § 447; a State, power of a Con-
vention to fetter a discretion confided to,
by the Federal Constitution, §§ 419, 448-
449; can a Convention prescribe what
State, shall act upon an amendment to the
Federal Constitution proposed by Con-
gress? § 449 a; where amendments to a
Constitution are recommended by a, na-
ture of its act, §§ 547-550; extent of the
power of a, to recommend amendments to
a Constitution, §§ 551-555; where amend-
ments are recommended by a, should they
be submitted to the executive for ap-
proval, §§ 556-562; where a State has once
rejected amendments proposed by Con-
gress to the Federal Constitution, can it
or its successor reconsider them? § 563.
Legitimacy, the term defined and illus-
trated, §§ 105-108.
Lex Parliamentaria, how far the, prevails in
Conventions, § 459.
Limitation of time, is there a, applicable to
amendments proposed by Congress to the
Federal Constitution? §§ 585-586.
Lincoln, Abraham, President, proclamation
of, of December 8, 1863, relating to the re-
construction of the rebel States, § 255.
Location of sovereignty theoretically con-
sidered, § 21; considered with reference
to historical facts in the United States and
in foreign countries, §§ 26, 27; as indi-
cated by Austin's marks or tests, § 28; as
indicated by the additional marks laid
down herein, § 29; as determined by the
exercise of sovereignty, §§ 56, 57.
Louisiana, Convention of, of 1811, §§ 187-
189; do. of 1844, §§ 217, 218; do. of 1852
and 1879, §§ 217, 219; do. of 1864, §§ 250-
258; do. of 1867, §§ 258 a-258 d; case of
arrest by, of 1864, §§ 469-470 a; reassem-
bling and disposal of, §§ 474-477.
Lowndes, Rawlins, connection of, with the
formation of the South Carolina Constitu-
tion of 1778, § 136.
Madison, James, opinion of, as to the func-
tions and duties of the Federal Conven-
tion, § 40; do. on the question whether the
States were ever sovereign, § 49; as to the
powers of Conventions, § 309.
Maine, erection of, into a State; Convention
of, of 1819, §§ 175-177.
Maine, Henry Sumner, on ancient law,
quoted, § 66.
Manifestation of sovereignty, modes of,
§§ 23, 24.
Marks or tests of sovereignty, Austin's,
§ 19; additional, laid down herein, § 20.
Martindale, J. H., Attorney-General of
New York, opinion of, as to the power of
Conventions to appropriate money, § 441 a.
Maryland, Convention, of 1776, § 145; do.
of 1864 and 1867, §§ 217, 218; do. of 1850,
§§ 221-225; revolutionary movement in,
in 1837, §§ 204, 224.
Mason, George, opinion of, as to the powers
of the Federal Convention, § 384.
Massachusetts, Revolutionary Convention
in, in 1689, §§ 9, 10; first government of,
independent of the crown, § 127; Conven-
tion of, of 1778, § 156; do. of 1779, §§ 157,
158; do. of 1820, §§ 217, 218; do. of 1853,
§§ 217, 219; consent of, to the erection of
the District of Maine into a State, § 176;
opinions of judges of the Supreme Court
of, on question of amending Constitution,
§§ 573, 574.
May, Thomas P., arrest of, by the Louisi-
ana Convention of 1864, §§ 469, 470.
McLean, John, Justice, dissenting opinion
of, relating to the State government of
Michigan, framed in 1835, § 208.
Meeting, Public, or Spontaneous Conven-
tion, §§ 4, 5.
Members of Conventions, who may be,
$$ 267-269; should they be sworn? and
form of oath, §§ 277-283; are they State
officers? §§ 322-324; privileges of, §§ 471,
Michigan, Convention of, of 1835. §§ 188,
198, 201, 207-209; do. of September, 1836,
§§ 188, 199, 202; do. of December. 1836,
$$ 188, 199, 203-206; do. of 1850 and 1867,
$$217, 218.
Mill, John Stuart, quoted, as to the condi-
tions of safe political progress, § 529, note.
Minnesota, Convention of, of 1857, §§ 187,
Misconceptions respecting the nature of
Constitutional Conventions, § 15.
Missouri, Convention of, of 1820, § 187; do.
of 1845, 1861, and 1865, §§ 217, 219; do.
of 1875, §§ 217, 218; ordinance of, of 1865,
to vacate offices under the State govern-
ment, §§ 327-330.
Mode, signification of the term, when used
in reference to sovereignty, § 55.
Monarchies, limited, § 70; absolute, § 70.
Money, power of Conventions to appropri-
ate, §§ 435-441 a.
Morton, Marcus, speech of, on the right of
Conventions to issue precepts to the elec-
tors, § 345.
Nation, do the United States constitute a?
$$ 30-50; what it is to be a, § 39; what it
is not to be a, § 31; the consolidation of
the United Colonies into a, the evident pur-
pose of God and of the men of all times in
America, § 34; bearing of the mode of rat-
ifying the Federal Constitution on the ques-
tion whether the United States constitute a,
§§ 36-38; opinions of contemporary states-
man on the question, §§ 39, 45; judicial
decisions and opinions of statesmen and
publicists subsequent to the formation of
the Federal government, on the question,
§§ 46-48; if the United States constitute
a, sovereignty resides in the nation, §§ 30,
50; allegiance due to the, §§ 52, 53.
Nationality, American, the question of, con-
sidered, $$ 30-50; successive steps in the
development of, in the United States, §§ 34,
35; bearing on the question of our, of the
mode of ratifying the Federal Constitution,
§§ 36-38; opinions of contemporary states-
men on the question, §§ 39-45; opinions
of statesmen and publicists, and judicial
decisions, subsequent to the formation of
the Federal Government, on the question,
§§ 46-48.
Nations, method of nature in the genesis of,
explained, §§ 32, 33.
Nebraska, Convention of, of 1864, §§ 187,
210; do. of 1866, §§ 188, 210; do. of 1875,
§§ 217, 218.
Nevada, Convention of, of 1863, § 187; do.
of 1864, §§ 188, 189, 210.
New Hampshire, advice of the Continen-
tal Congress to, relative to founding new
government in, § 127; Convention of, of
1775, § 131; do. of 1778 and of 1781, § 132;
do. of 1791, § 218; do. of 1850 and of
1876, §§ 217, 218.
New Jersey, Convention of, of 1776, § 139;
do. of 1844, § 219; delegates to the, of
1844, elected equally from all parties, § 271.
New York, Convention of, of 1776, §§ 150-
152; consent of State of, to the erection of
Vermont into a State, § 171, note 1; Con-
ventions of 1801, 1821, and 1846, § 219; do.
of 1867, §§ 217, 218; Constitutional Com-
mission of, of 1872, §§ 546 a-546 d; veto of
the Council of Revision of, of the Conven-
tion bill of 1820, Appendix F, p. 669; opin-
tions of the Judges of the Supreme Court
of, respecting the power of a legislature to
modify a Convention Act passed upon by
the people, Appendix D, p. 663.
Niles, Senator, speech of, on the Michigan
Convention of December, 1836, § 206.
Non-Resistance, doctrine of, stated, and
relation of, to contents of our Bills of
Rights, §§ 242-244.
North Carolina, Convention of, of 1776,
§ 146; consent of State of, to the erection
of Louisiana into a State; and deed of
cession of, §§ 190-197; Convention of, of
1875, §§ 217, 218; do. of 1835, §§ 217, 219;
do. of 1861, §§ 247-250; do. of 1865, §§ 250-
258: do. of 1868, §§ 258 a-258 d; do. of
1835, oath administered to members of,
§ 281; do. of 1835, discussion in, as to
binding form of the Act under which it
assembled, § 387.
Oath, should members of Conventions take
an? $$ 277, 278; form of, §§ 279-283 b;
question as to form of, discussed in Illi-
nois Conventions of 1862 and 1869, §§ 282,
283; in Ohio Conventions of 1850 and 1873,
§ 283 a; observations upon these cases,
283 b; can a State Convention require
State officers to take, to support the Fed-
eral Constitution? § 449, note.
O'Connor, Charles, argument of, as to the
power of Conventions to limit the electors,
353; do. as to the validity of amend-
ments, § 574 a.
Officer, is a member of a Convention an?
§§ 321-324.
Offices of Conventions, what are, and how
chosen? § 274; are members of a Conven-
tion State officers? §§ 322-324; can a Con-
yention appoint to fill vacancies in the
government? §§ 325-330; can a Conven-
tion eject from office persons who are,
under the government? 325, 326; can a
Convention direct, in the discharge of
their official duties? §§ 325, 326.
Offices, Ordinance of the Missouri Conven-
tion of 1865, to vacate certain, under the
State government, §§ 327-330.
Ohio, Convention of, of 1802, § 187; do. of
1850 and of 1873, §§ 217, 218.
O'Mulveny, Judge, was he lawfully elected
a member of the Illinois Convention of
1862? §§ 321-324.
Ordinance, of 1787, extension of provisions
of, to Tennessee, §§ 190, 191; bearing of,
on the legitimacy of Conventions called
within the territory covered by it, §§ 188-
207; of the Missouri Convention of 1865,
to vacate offices under the State govern-
ment, §§ 327-330.
Ordinances, definition and use of, § 103 a.
Oregon, Convention of, of 1857, §§ 188, 189,
210.
Organization of Conventions, §§ 272-284;
how initiated, § 273.
Parker, Joel, Judge, speech of, on the right
of Conventions to issue precepts to the
electors, § 346.
Passive obedience, doctrine of, explained,
§ 242.
Paterson, Justice, opinion of, bearing on
the question whether the States under the
Confederation were sovereign, § 50.
Pennsylvania, Convention of, of 1776,
§§ 143, 144; do. of 1789, §§ 221-225; do.
of 1837 and 1872, §§ 217, 219; decision of
Supreme Court of, upon question of leg-
islature binding Convention, §§ 409 a-
409 e.
People, of the United States, how sover-
eignty inheres in the, §§ 54-57; in what
capacity the, exercise sovereignty, §§ 58,
59; can the, limit themselves? § 351.
Peters, Mr., of Illinois, opinion of, respect-
ing the powers of Conventions, § 308.
Pierce, Franklin, President, opinion of,
respecting the Topeka Convention of Kan-
sas, § 212.
Pinckney, Charles, opinion of, bearing on
the question of our nationality, § 47.
Pinckney, C. C., opinion of, respecting the
function and duty of the Federal Conven-
tion, § 40; do. bearing on the question of
our nationality, § 47.
Porter, Mr., of New York, argument of, as
to the power of Conventions to limit the
electors, § 354.
Power, term defined, § 305; of the electoral
body, a delegated power, § 354.
Powers of Conventions, §§ 305-478; two
theories of the, stated, and examples of,
given, §§ 307-311: theory that they are
sovereign, a novelty, §§ 311, 312; with
reference to the sovereign, or to sovereign
rights, §§ 315-319; with reference to the
government of the state as a whole, §§
320-330; growing out of their relations to
the electors, §§ 335-364; to the executive
and judiciary, 365, 366; to the legislature,
S$ 367-449; of the legislature to bind the
Convention, §§ 376-418; of conventions to
legislate, §§ 419, 441; to appropriate
money, SS 435-441b; as legislatures, to
prescribe the times, places, and manner of
electing senators and representatives in
Congress, §§ 442-446; as legislatures, to
ratify proposed amendments to the Federal
Constitution, § 447; to fetter a discretion
given by the Federal Constitution to State
legislatures, §§ 448, 449; to prescribe what
legislature shall act upon an amendment
to the Federal Constitution proposed by
Congress, § 449 a; with reference to their
internal relations, express and implied,
$$ 450-472 a; with reference to their or-
ganization, to the maintenance of order,
and to the conduct of their business, $$
454-458; to arrest or punish their own
members or strangers, §§ 459-470; to pro-
long or perpetuate their existence, §§ 473-
Precedent, definition of the term, § 112.
Presumptions, constitutional, doctrine of,
stated and explained, § 25.
Printing, power of Conventions to furnish,
§§ 455-459.
Privileges of members of Conventions, §§
471, 472 a.
Proceeding, mode of, of Conventions, §§
285-304.
Promulgation of Constitutions, §§ 521-524.
Punish, power of Conventions to, their own
members or strangers, §§ 460–470 a.
Ramsay, Dr., opinion of, bearing on the
question of American nationality, § 47;
quoted, as to the character of the first
South Carolina Constitution, § 134; quo-
ted, as to the South Carolina Convention
of 1778, § 135.
Randolph, Edmund, Governor of Virginia,
opinion of, as to the function and duty of
the Federal Convention, $ 40; the govern-
ment of the Confederation characterized
by, 162, note 1; opinion of, as to the
powers of Conventions, §§ 309, 384.
Randolph, John, of Roanoke, opinion of,
as to the powers of Conventions, § 310 and
note 2.
Reconsideration, relaxation of rule as to,
in some Conventions, § 284.
Reconstruction, possible modes of effect-
ing, §§ 251-253; Acts of Congress pro-
viding for, §§ 258 a-258 b; Reconstruction
Conventions, first series of, §§ 254-258;
second series of, §§ 258 a-258 c.
Reporters for Conventions, § 275.
Reports in Conventions, how made, §§ 298-
301; disposition made of, on coming in,
$ 302.
Republics, Democratic, Constitutions of,
§ 70.
Resolutions, of the Continental Congress
respecting the formation of governments
in the colonies independent of the Crown,
§§ 128, 129.
Revolution, the term, defined, § 109; vari-
ous kinds of, distinguished, § 109; conse-
quences of, and erroneous classification of,
as great and small, § 100; importance of
defining the term, and reasons of, § 112;
that which lies within the domain of, not
to be drawn into precedent, § 112.
Revolutionary and illegitimate, the two
terms distinguished, § 113.
Rhode Island, Convention of, of 1824,
S$ 219, 226; do. of 1834, §§ 219, 226; do.
of 1841 (under the charter), §§ 219, 226;
do. of 1842, §§ 219, 226; do. of 1841
(People's Convention), §§ 226-246; opin-
ions of Judges of Supreme Court of, on
question of amending Constitutions, §§
573, 574.
Rome, development of nationality of, § 33.
Ruggles, Mr., proposition of, in the New
York Convention of 1846, that future Con-
ventions should consist of two chambers,
§ 270.
Rules of Order, in Conventions, § 284.
Rutledge, President, of South Carolina,
refusal of, to assent to the South Carolina
Constitution of 1778, § 136.
Schedule, as part of a Constitution, history
and uses of, §§ 102, 103.
Secession, connection of, with the consti-
tutional Convention, § 3; Convention of
Virginia, § 178; Conventions in general,
§§ 247-250.
Sergeant-at-Arms, employment of, in
Conventions, § 454.
Singleton, Mr., of Illinois, resolution of,
respecting the powers of Conventions,
§ 310.
South Carolina, advice of Congress to, with
reference to founding new government in,
$127; Convention of, of 1776, §§ 133, 134;
do. of 1778, § 135; first two Constitutions
of, judicial decision respecting validity of,
136, note 2; Convention of, of 1790,
§ 219; do. of 1860, §§ 247-249; do. of
1865. §§ 250-259; do. of 1868, §§ 258 a-
258 d.
Sovereign, the, a fundamental conception
in this inquiry, § 17; definition of the term,
§ 18; distinction between, and supreme,
18, note 1; the States were never, §§
49, 50; is the Convention possessed of sov-
ereign powers? §§ 315-319; can Conven-
ventions limit the, in the choice of its ser-
vants? § 351.
Sovereignty, a fundamental conception in
this inquiry, § 17; definition of, § 18 and
note 2; marks of, as laid down by Austin,
§19; additional marks of, § 20; theories
as to the ground of, § 21, note 2; locus
of, theoretically considered, § 21; direct
modes of manifestation of, § 23; indirect,
§ 24: considered with reference to his-
torical facts in foreign states, § 26; do. in
the United States, § 27; location of, as
indicated by the definition of sovereignty,
27; as indicated by Austin's marks or tests,
§ 28; as indicated by the additional marks
or tests, § 29; question of American na-
tionality, as bearing on the locus of, §§ 30–
50; if the United States constitute a nation,
inheres in the nation, or people of the
United States, § 51; how sovereignty in-
heres in the people of the United States,
$$ 54-61: exercise of, how related to pos-
session of original, § 56; regular exercise
of, distinguished from the possible exercise
of, 56: location of, as determined by
regular exercise of, in the United States,
$$ 56, 57; circumstances indicating that
it is regularly exercised by the people of
the United States as discriminated into
groups by States, § 57; in what capacity
the States exercise, § 58; opinion of John
Austin, as to location of, in the United
States, § 60; opinion of John C. Hurd,
§ 60: do. as to the mode in which it in-
heres in the people of the United States,
§ 60; opinion of Dr. Brownson, § 61; of
Conventions, $$ 307-311; theory of, a nov-
elty, § 311, 312; connection of the theory
of conventional, with the rise and progress
of pro-slavery fanaticism, § 312, note 1;
question of, considered at large, §§ 315-
319; discussed by Supreme Court of Penn-
sylvania, §§ 409 a-409 c.
State, the term, how employed in this trea-
tise, 17, note.
States, the, were never sovereign, §§ 49, 50,
52; in what capacity the, exercise sov-
ereign powers, §§ 58, 59.
States Rights School, view of, as to the
bearing of the mode of ratifying the Fed-
eral Constitution on the question of Amer-
ican nationality, § 37.
Statute of limitations, should there be a,
to amendments proposed by Congress to
the Federal Constitution? §§ 585, 586.
Story, Joseph, Justice, opinion of, bearing
on the question of American nationality,
§48; charge of, to the jury in the Rhode
Island case, § 230.
Submission of Constitutions to the people,
can Conventions be bound by the Acts
calling them, to make? §§ 410-418; double,
of the Kansas Constitution of 1857, §§ 415,
416; duty of Conventions to make, in gen-
eral, § 479; duty, where neither the Con-
vention Act nor the Constitution requires
it, § 481; duty where submission is ex-
pressly required by law, §§ 482, 483; duty,
where submission is by law expressly dis-
pensed with, §§ 484-486; precedents relat-
ing to, 487-495; by whom it should be
made, 497-499; to whom it should be
made, 500-509 b; nature of the Act
performed by the persons or body to whom
it is made, §§ 510-513; manner in which
it should be made, §§ 514-520; if mode of,
required by Convention Act, be disobeyed,
but the Constitution be ratified by the
people, will it be valid? §§ 520 a-520 b.
Suffrage, true theory of, §§ 336, 337.
Sully, remarks of, respecting the populace,
$ 26.
Supreme, distinguished from sovereign,
§ 18, note 1.
Taney, Chief Justice, opinion of, in the
Rhode Island case of Luther v. Borden,
§ 231.
Tennessee, formation into a State, Con-
vention of, of 1796, §§ 190-197; do. of
1834; and of 1870, §§ 217, 218; do. of
1861, §§ 247-249; do. of 1865, §§ 250-258.
Territories, Conventions to frame Constitu-
tions for, called regularly. § 187; do.
called irregularly, §§ 188, 189.
Texas. Convention of, of 1845, § 187; do.
of 1875 and 1885, §§ 217, 219; do. of 1861,
$$ 247-250: do. 1866, §§ 250-258; do. of
1868, §§ 258 a-258 d.
Topeka Convention, of Kansas, §§ 211, 212.
Treaty with France, of 1803, bearing of, on
|