the Michigan, of 1850, § 262; to the Iowa,
of 1857, § 262; to the Minnesota, of 1857,
$262; to the Kansas, of 1859, § 262; to the
West Virginia, of 1861, § 262; to the Mary-
land, of 1864, § 262; to the Massachusetts,
of 1779, of 1821, and 1853, § 262; to the
Delaware, of 1776, § 263; do. of 1831, and
of 1852, § 262; to the North Carolina, of
1776, § 263; do. of 1835, § 262; to the New
York, of 1821, § 264, 266; do. of 1846,
262; to the Illinois, of 1847, and 1862,
§262; to the Kentucky, of 1849, § 262; to
the Virginia, of 1829, and of 1850, § 262;
to the Vermont, of 1777. § 263; to the Geor-
gia, of 1776 and of 1788, §§ 264, 266; to
the Maine, of 1819, § 262; to the New
Hampshire, of 1850, § 262; to the Wiscon-
sin, of 1847, § 262; to the California, of
1849, § 262; to the Kansas, of 1859, § 262;
to the Rhode Island, of 1841. §§ 265, 266;
Qualifications required for delegates to the
New York, of 1821, § 267; to the North
Carolina, of 1835, § 267; to the Pennsyl-
vania, of 1837, § 267; to the New Hamp-
shire, of 1850, § 267; to the Ohio, of 1850,
§ 267; to the Delaware, of 1852. § 267; to
the Iowa, of 1857, § 267; to the Maryland,
of 1864, § 267; to the Nevada. of 1864,
§ 267; the Minnesota of 1857, divided into
two Conventions, § 270; the New Jersey,
of 1844, delegates elected to, from all par-
ties, § 271; can a, appoint officers to fill
vacancies in the government? §§ 325-330;
can a, eject from office persons appointed
thereto by the government? §§ 325, 326;
can a, direct government officers in the
discharge of their duties? §§ 325, 326;
Missouri of 1865, ordinance of, to vacate
offices under the State government, §§
327-330; is the Act calling a, a govern-
ment measure? § 358; Opinion of the Su-
preme Court of New York as to the power
of a legislature to modify the Act calling
a, Appendix D., p. 542; of Louisiana, of
1864, official proceedings culminating in
the reassembling of, in 1866; Appendix E.,
p. 545.

Conventions, Varieties of, in the United
States, §§ 4-16; Spontaneous, described,
§§ 4,5; Legislative, or General Assemblies,
$6; Revolutionary, §§ 7-10; Constitutional,
§§ 11-16; Provincial, or Congresses, §§ 10,
126; to ratify the Federal Constitution,
opinions expressed in, as to its character,
$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 Con-
stitutions for States to be formed within the
jurisdiction of States members of the Union,
§§ 171-193; called to frame Constitutions
for States to be formed out of Federal Ter-
ritory, under enabling Acts of Congress,
§ 194, 195; without enabling Acts, §§ 196-
216; called to revise the Constitutions of
States, members of the Union, §§ 217-259;
called by legislative authority in pursuance
of constitutional provisions, § 218; called

by legislative authority without constitu-
tional provisions, § 219; called by Councils
of Censors, § 220; called by legislative au-
thority, in disregard of constitutional pro-
visions, §§ 221-225; called in defiance of
the existing government, §§ 226-246; se-
cession, §§ 247-249; reconstruction, §§ 250-
259; by whom delegates to, should be and
are elected, §§ 260-266; who may be mem-
bers of, §§ 267-269; constitution of, in one
chamber or in two, §§ 270, 271; internal
organization of, §§ 272-284; officers of,
§ 274; should members of be sworn? form
of oath, §§ 277-283; mode of proceeding
of, §§ 285-304; employment 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; ques-
tion of the sovereignty of, considered. §§
315-319; powers of, with reference to the
government of the state, as a whole, §§
320-330; can they fill vacancies in the va-
rious governmental departments? §§ 325,
327-330; can they eject from office appoint-
ees of the government? §§ 325-330; can
they direct governmental officers in the dis-
charge 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 deceased or resigning members to name
their successors? § 339; can they issue pre-
cepts to the electors directing them to fill
vacancies? §§ 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,
persons elected at a time or in a manner
not provided by law? § 350; can they limit
the discretion of the electors, or of the sov-
ereign, 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 there-
from resulting, §§ 366-449; are but mere
committees, § 367; structure and functions
of, contrasted with those of legislatures,
$$ 367-375; power of, to annul perfect
rights, § 370, note 1; can legislatures bind?
S$ 376-418; power of legislatures to dictate
to, what they shall or shall not recommend,
$$ 381, 382; question discussed in various,
$§ 383-387; where Acts of the legislature,
which have been voted on by the people,
are conceded to bind, source of their va-
lidity, §§ 389-409; can legislatures bind,
to submit the fruit of their labors to the
people? $$ 410-418; do Conventions pos-
sess legislative powers, §§ 419-441; power
of, to repeal ordinary laws, §§ 430-434;
power of, to appropriate money. §§ 435-
441; power of, as legislatures, to prescribe
the times, places, and manner of electing
senators and representatives in Congress,
SS 442-446; power of, as legislatures, to
ratify proposed amendments to the Federal

Constitution, § 447; power of, to fetter a
discretion confided by the Federal Consti-
tution to a State legislature, §§ 448, 449;
powers of, with reference to their internal
relations, express and implied, §§ 450-470;
powers of, with reference to their organiza-
tions, 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; priv-
ileges of members of, §§ 471, 472; power
of, to prolong or perpetuate their existence,
§§ 473-478; duty of, to submit their work
to the people, in general, § 479; duty of,
where neither the Convention Act nor the
Constitution requires submission, § 481;
duty of, where submission is expressly re-
quired by law, §§ 482, 483; duty of, where
submission is by law expressly dispensed
with, §§ 484-486; list of all that have been
held in the United States. Appendix A.,
p. 533.

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.

Council of Revision, New York, opinion
of, relating to the proper manner of calling
a Convention. §§ 122, 484, 534, and Appen-
dix B., p. 538.

Counter-Revolutions, description of, §

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
Massachusetts, opinion of, on the binding
force upon a Convention, of the Act under
which it assembles, §§ 388, 389; Appendix
C., p. 540; of New York, opinion of, on the
same question, §§ 390-399; Appendix D.,
p. 542; of Illinois, opinion of, as to repeal-
ibility 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.

D.

Dallas, George M., opinion of, as to the pow-
ers 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, of 1776, §§ 141,
142; do. of 1792, §§ 221-225; do. of 1831
and of 1852, §§ 217, 218.

Delegates, to Conventions, who may be, §§
267-269; can Conventions receive as, per-
sons 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.

Elections to fill vacancies in Conventions,
Electors, the, one of the agencies through
when and how to be made, §§ 348, 349.
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.

Ewing, Thomas, speech of, on the Michi-
Executive, the, one of the agencies through
gan Convention of December, 1836, § 205.
which sovereignty indirectly manifests it-
self, § 24; relative rank of, § 24; impropri-
ety of leaving the duty of calling Conven-
tions to, § 120; relations of, to Conven-
Executive act, the act of the people in pass-
tions, § 366.
ing upon a fundamental law, not an,
§§ 510-513.

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, of 1839, §§ 196, 197;
do. of 1861, §§ 247-249; do. of 1865,
§§ 250-259.

Frame of Government, as a part of the
American Constitutions, definition and
contents of, §§ 100, 101.
Frankland, State of, § 175.

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, of 1776, § 147; do.
of 1788, §§ 148, 149; do. of January, 1789,
and of May, 1789, §§ 148, 149, 219, note
1; do. of 1795 and of 1798, §§ 217, 218,
note 1; do. of 1838, § 219; do. of 1861,
§§ 247-249; do. of 1865, §§ 250-259.
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? §§ 823-324; 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
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.

H.

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 locus

of sovereignty in the United States, § 42.
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
locus of sovereignty in the United States,
§ 60; on the distinction between Constitu-
tions, as objective facts, and as instruments
of evidence, § 63, note 1.

I.

Illegitimate and revolutionary, distinction
between, § 113.

Illinois, Convention of, of 1818, § 195; 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, § 195; do.
of 1850, § 219.

Instructions, can the electors give, to their
delegates to Conventions? §§ 362-364.
Iowa, Convention of, of 1844, §§ 196, 197;
do. of 1846, §§ 196, 197; do. of 1857, §§
217, 218.

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, privileges of, §§
471, 472.

Michigan, Convention of, of 1835, §§ 196-
198, 201, 208; do. of September, 1836, §§
196-199, 202; do. of December, 1836, §§
196, 197, 199-201, 203-209; do. of 1850,
§§ 217, 218.

Mill, John Stuart, quoted, as to the condi-
tions of safe political progress, § 529,

note.

Minnesota, Convention of, of 1857, §§ 195,
270.

Misconceptions respecting the nature of
Constitutional Conventions, $ 15.
Mississippi, Convention of, of 1817, § 195;
do. of 1832, §§ 217, 218; do. of 1861, §§
247-249; do. of 1865, §§ 250-259.
Missouri, Convention of, of 1820, § 195;
do. of 1845, of 1861, and of 1865, § 219;
do. of 1865, Ordinance of, to vacate offices
under the State government, §§ 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.

Morton, Marcus, speech of, on the right of
Conventions to issue precepts to the elec-
tors, § 345.

N.

Nation, do the United States constitute a?
§§ 30-50; what it is to be a, § 30; what it
is not to be a, § 31; the consolidation of
the United Colonies into a, the evident
purpose of God and of the men of all
times in America, § 34; bearing of the
mode of ratifying the Federal Constitution
on the question whether the United States
constitute a, §§ 36-38; opinions of contem-
porary statesmen 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.
Nationality, American, the question of con-
sidered, 30-50; successive steps in the de-
velopment 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.

Nevada, Convention of, of 1863, § 195; do.
of 1864, §§ 196, 197.

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, § 219; do. of 1850, §§ 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;
Convention of, of 1801, § 219; do. of 1821,
§ 219; do. of 1846, § 219; veto of the
Council of Revision of, of the Convention
Bill of 1820, Appendix B, p. 538: opinion
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. 542.
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 the State of, to the erec-
tion of Tennessee into a State; deed of
cession of, §§ 175-182; Convention of, of
1835, § 219; do. of 1861, §§ 247-249; do.
of 1865, §§ 250-259; Convention of, 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.

0.

Oath, should members of Conventions take
an? §§ 277, 278; form of, §§ 279-283.
O'Connor, Charles, argument of, as to the
power of Conventions to limit the electors,
$353.

Officers of Conventions, what are, and how
chosen? § 274; are members of a Conven-
tion State officers? §§ 322-324; can a Con-
vention appoint, to fill vacancies in the gov-
ernment? §§ 325-330; can a Convention
eject from office persons who are, under
the government? §§ 325, 326; can a Con-
vention 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, § 195; do. of
1850, §§ 217, 218.

Ordinance, of 1787, extension of provis
ions of, to Tennessee, §§ 175, 176; bear-
ing of, on the legitimacy of Conventions
called within the territory covered by it,
§§ 196-207; of the Missouri Convention
of 1865, to vacate offices under the State
government, §§ 327-330.

Oregon, Convention of, of 1857, §§ 196, 197.
Organization of Conventions, §§ 272-284;
how initiated, § 273.