A.

Acts, enabling, Conventions called in pursuance of, § 187, 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 com

mittee 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 committee to draft the Massachusetts Constitution of 1780, § 157.

Alabama, Convention of, of 1819, § 187; 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, §§ 188, 189; cases in Supreme Court of, respecting the extent of the power of a legislature to propose amendments to a Constitution, §§ 551-555.

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 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 Maine, of 1819, formation of, §§ 175-
177; the West Virginia, of 1863, forma-
tion of, §§ 181, 182; the Tennessee, of
1796, formation of, §§ 190-197; signing
of a, by members of a Convention, § 304;
Federal, power of Conventions, as legisla-
tures, 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 amend-
ment, § 543, note.

Constitutions as organic growths, distin-
guished from Constitutions as instruments
of evidence, § 63; แ as they ought to be,"
defined and contrasted with Constitutions
as organic growths, § 64; nature and varie-
ties of as organic growths, §§ 65-67; are
they founded on compact? §§ 65-67; are,
as instruments of evidence, founded on
compact? § 68; where discrepancies exist
between, as organic growths, 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. 541.
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 Maine, of 1819, §§ 175-177;
the Virginia (Reconstruction), of 1861, §
178; the Ohio, of 1802, § 187; the Louis-
iana, of 1811, § 187; the Indiana, of 1816,
§ 187; the Mississippi, of 1817, § 187; the
Illinois, of 1818, § 187; the Alabama, of
1819, § 187; 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 Iowa, of 1844, §§ 188, 197,
210; do. of 1846, §§ 188, 197, 210; the Wis-
consin, of 1847, §§ 188, 197, 210; the Cali-
fornia, of 1849, §§ 188, 197, 210; the Kan-
sas, of 1855, §§ 188, 189, 211, 212; do. of
1857, §§ 188, 197, 213-216; do. of 1859, §
216; the Oregon, of 1857, §§ 188, 189, 210;
the Nevada, of 1863, §§ 188, 189, 210; the
Tennessee, of 1796, §§ 190-197; the Michi-
gan, 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, §§ 188, 189, 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

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? § 398; 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. 543; of Louisiana, of
1864, official proceedings culminating in
the reassembling of, in 1866; Appendix E.,
p. 546.

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,
§§ 171-185; called to frame Constitutions
for States to be formed out of Federal Ter-
ritory, under enabling Acts of Congress,
§ 186, 187; without enabling Acts, §§ 188-
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?
§§ 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,
§§ 442-446; power of, as legislatures, to
ratify proposed amendments to the Federal