A.

Acts, enabling, Conventions called in pursuance of, 195, and note 1; can legislatures bind Conventions by their? §§ 376418; calling Conventions, analysis and essential character of, §§ 404-408. Adams, John, connection of, with the formation of the first American Constitutions, §§ 128, 129, 489; appointed on the committee to draft the Massachusetts Constitution of 1780, § 157.

Adams, John Quincy, opinion of, bearing on the question of American nationality, § 48.

Adams, Samuel, appointed on the commit

tee to draft the Massachusetts Constitution of 1780, § 157.

Alabama, Convention of, of 1819, § 195; do. of 1861 (Secession), §§ 247-249; do. of 1865 (reconstruction), §§ 250-259. Allegiance defined, and to whom owing in the United States, §§ 52. 53; " Allegiance Cases," so called, in South Carolina, § 53, note 2; quasi, defined, 53. Amendments to Constitutions, necessity of providing for. §§ 525-529; various modes of effecting, §§ 526, 530, 531; excellences and defects of the several modes, §§ 532534, 538-540; precedents of the employment of these modes, §§ 535-537, 541-546; where a legislature participates in effecting, nature of its act, §§ 547-550; extent of the power of a legislature to recommend, §§ 551-555; where a legislature recommends, should they be submitted to the executive for approval? §§ 556-562; where a State legislature has once rejected amendments proposed by Congress to the Federal Constitution, can it or its successor reconsider them? § 563; where the Constitution provides a mode of effecting, can another and different mode be employed? §§ 564-576.

Appropriations, power of Conventions to make, of moneys from the public treasury, §§ 435-441.

Arkansas, Convention of, of 1836, §§ 196, 197; cases in Supreme Court of, respecting the extent of the power of a legislature to propose amendments to a Constitution, §§ 551-555.

Arrest, power of Conventions to make, of their own members or of strangers, §§ 460-470.

Articles of Confederation, history and character of, §§ 159-162. Assembly, the General, or legislative Convention, described, § 6; see also legislature.

Attributes of sovereignty specified, § 22. Austin, John, marks of sovereignty laid down by, § 19; opinion of, as to the locus of sovereignty in the United States, § 60; do. as to an ulterior legislature in New York, superior to the ordinary legislature, § 513, note 1.

Autocracies, Constitutions of, described, $ 70.

B.

Banks, Nathaniel P., General, proclamation of, for the reconstruction of Louisiana, § 256.

Belknap, Dr., historian of New Hampshire, quoted, as to the first Convention of that State, § 131.

Bills of Rights, description, history, and objects of, §§ 96-99; why no, in the Federal Constitution, § 98; clause in American, generally, respecting altering or abolishing government, commented on, §§ 240-246. Bowdoin, James, appointed on the committee to frame Massachusetts Constitution of 1780, § 157.

Bramlette, Governor of Kentucky, opinion of, respecting the power of a State legislature to reconsider amendments to the Federal Constitution proposed by Congress and once rejected, § 563.

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 Constitutions as facts and Constitutions as instruments of evidence, § 63, note 1. Buchanan, James, President, opinion of, respecting the Topeka and Lecompton Conventions, § 214.

Burke, Edmund, moral competence of governments 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.

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.
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 Conven-
tions, and reasons for and against employ-
ment of, §§ 287-295; number and duties
of, how determined; precedents stated, §
296.
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 formation
of such governments in the colonies gener-
ally, §§ 128, 129; as a Convention, framing
the Articles of Confederation, history and
character of, §§ 159-161; a Provincial, the
first independent government of South
Carolina, § 131; do. of New Jersey, § 139;
do. of Maryland, § 145; do. of Georgia, §
147; do. of New York, § 150.

Congresses, Provincial, revolution of 1776
consummated by, § 10; history and powers
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 Tennessee, of 1796, formation of, §§
175-182; the Maine, of 1819, formation of,
§§ 183-185; the West Virginia, of 1863,
formation of, §§ 189, 190; 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.

Constitutions as objective facts, distin-
guished from Constitutions as instruments
of evidence, § 63; "as they ought to be,"
defined and contrasted with Constitutions
as objective facts, § 64; nature and varie-
ties of, as objective facts, §§ 65-70; are
they founded on compact? $$ 65-67; are,
as instruments of evidence, founded on
compact? § 68; where discrepancies exist
between, as objective facts, and as instru-
ments of evidence, which have the supe-
rior validity? § 69; varieties of, as instru-
ments of evidence, § 71; cumulative, de-
fined, § 72; enacted, defined, § 73; written
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 respect-
ively, 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; nature of the
act performed by the people, where sub-
mission of, is made, §§ 510-513; manner in
which submission of, should be made, §§
514-520; promulgation of, §§ 521-524;
amendments to, general doctrine as to
stated, §§ 525-529; opinion of the judges
of the Massachusetts Supreme Court re-
specting the powers of Conventions to
make amendments to, Appendix C., p. 540.
Convention, THE CONSTITUTIONAL, em-
ployed in America to frame the fundamen-
tal law, § 1; importance of, in general, § 2;
relation of, to secession, § 3; THE SPON-
TANEOUS, or PUBLIC MEETING, § 5; THE
LEGISLATIVE or GENERAL ASSEMBLY,
§ 6; THE REVOLUTIONARY, § 7; examples
of the Revolutionary, in England, § 8; do.
in America, § 9; Revolutionary, of Massa-
chusetts, of 1689, § 9; French National,
§ 10; THE CONSTITUTIONAL, defined and
contrasted with the foregoing, § 11; exer-
cising usurped powers, how to be classed,
§ 12; the Revolutionary, exercising the
powers of a Constitutional, how to be
classed, § 12; the Constitutional, summary
of history of, §§ 13, 14; an adaptation to
constitutional uses, of the Revolutionary,
§15; misconceptions prevalent respecting
the nature of, § 15; constitutes one of the
five agencies through which sovereignty
indirectly manifests itself, § 24; relative
rank of, § 24; Federal, of 1787, action of,
respecting the ratification of the Federal
Constitution, §§ 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 Kentucky, of 1792, §§
173, 174; the Tennessee, of 1796, §§ 175-
182; the Maine, of 1819, §§ 183-185; the
Virginia (Reconstruction), of 1861, § 186;
the Ohio, of 1802, § 195; the Louisiana, of
1811, § 195; the Indiana, of 1816, § 195;
the Mississippi, of 1817, § 195; the Illinois,
of 1818. § 195; the Alabama, of 1819, § 195;
the Missouri, of 1820, § 195; the Texas, of
1845, § 195; the Wisconsin, of 1846, § 195;
the Minnesota, of 1857, § 195; the Kansas,
of 1859, § 195; the Nevada, of 1864, § 195;
the Iowa, of 1844, §§ 196, 197, 210; do. of
1846, §§ 196, 197, 210; the Wisconsin, of
1847, §§ 196, 197, 210; the California, of
1849, §§ 196, 197, 210; the Kansas, of 1855,
§§ 196, 197, 211, 212; do. of 1857, §§ 196,.
197, 213-216; do. of 1859, § 216; the Ore-
gon, of 1857, §§ 196, 197, 210; the Nevada,
of 1863, §§ 196, 197, 210; the Michigan, of
1835, §§ 196-198, 201, 208; do. of Septem-
ber, 1836, §§ 196-199, 202; do. of Decem-
ber, 1836, §§ 196, 197, 199-201, 203-209;
the Arkansas, of 1836, §§ 196, 197, 210;
the Florida, of 1839, §§ 196, 197, 210; the
Georgia, of 1795, and of 1798, §§ 217, 218;
the Kentucky, of 1799, and of 1849, §§ 217,
218; the Delaware, of 1831, and of 1852,
§§ 217, 218; the Mississippi, of 1832, §§ 217,
218; the Tennessee, of 1834, §§ 217, 218;
the Louisiana, of 1844 and of 1852, §§ 217,
218; the Illinois, of 1847 and of 1862, §§
217, 218; the Ohio, of 1850, §§ 217, 218;
the Michigan, of 1850, §§ 217, 218; the
New Hampshire, of 1850, §§ 217, 218; the
Georgia,of 1838, §§ 217, 219; the South Car-
olina, of 1790, §§ 217, 219; the New Hamp-
shire, of 1791, §§ 217, 219; the New York,
of 1801, of 1821, and of 1846, §§ 217, 219;
the Connecticut, of 1818, §§ 217, 219; the
Massachusetts, of 1820, and of 1853, §§ 217,
219; the Rhode Island, of 1824, of 1834,
of 1841 (under the charter), and of 1842,
§§ 217, 219; the Virginia, of 1829, of 1850,
and of 1864, §§ 217, 219; the North Car-
olina, of 1835, §§ 217, 219; the Pennsyl-
vania, of 1837, §§ 217, 219; the New Jer-
sey, of 1844, §§ 217, 219; the Missouri, of
1845, of 1861, and of 1865. §§ 217, 219; the
Indiana, of 1850, §§ 217, 219; the Vermont,
of 1785, &c., &c., §§ 220; the Pennsylva-
nia, 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; by
whom a, should be elected, § 104; by whom
the delegates were elected to the Pennsyl-
vania, of 1776, §§ 263; do. of 1789, and of
1837, § 262; to the Ohio, of 1850, § 262; to