B.

Baldwin, Abraham, model of Senate suggested by, II. 139. Vote and views of, respecting representation in Senate, 142.

Baltimore, public rejoicings in, in honor of Constitution, II. 543.

Barnwell, Robert, in favor of Constitution, II. 510. Arguments of, in convention of South Carolina, 548.

Belknap, Dr., on slavery in Massachusetts, II. 454.

Bill of Rights, want of, a strong argument with some against Constitution, II. 498. James Wilson's views respecting, 522. States equally divided on question of, in Convention, 523. Considered essential by Patrick Henry, 554. Proposed by Virginia, 581.

Bills of Credit, power to emit, prohibited to States, II. 328, 364. Meaning of, 329.

Boston, occupied by royal troops in 1774-75, I. 27. Invested by army under General Ward, in 1775, 32. Reception of Constitution by people of, II. 501. Rejoicings in, in honor of Constitution, 540.

Boundary, Southern, fixed by the Treaty of Peace, I. 312. Questions of, proposed to be determined by Senate, II. 223, 231; plan respecting, 235. Determination of, a judicial question, 232. See Western Territory, Lands, and Northwestern Territory.

Bounties offered for enlistment in 1776, I. 93. Additional, offered by States, 95; effect of, 110.

Bowdoin, James, delegate to first Continental Congress, I. 13. Governor of Massachusetts, 270. Suppresses Shays's rebellion, 270. Message of, suggesting a general convention, 336.

Brandywine, battle of the, force engaged in, I. 113.

Bribery, by executive, dangers of, II. 242.

British Colonies, legislatures of, divided into two branches, II. 132.

Broughton, Nicholas, commander of the Hannah, I. 74.

Butler, Pierce, in favor of the Constitution, II. 510.

 

C.

Cabinet, functions of, II. 407. Views respecting, in Convention, 408. President may require opinions of, 408. Constitutional character of, 409. Practice of first three Presidents respecting, 409.

Captures, power of Congress to regulate, II. 330.

Capitation Tax, report of committee of detail respecting, II. 290. Provision respecting, adopted, 304.

Carroll, Charles, proposition of, for asserting right of United States to vacant lands, II. 353, 355.

Cases arising under Constitution, &c., meaning of, II. 430.

Census, periodical, proposed by Williamson of North Carolina, II. 153. Vote respecting, 153. See Federal Census.

Cessions of Northwestern Territory, II. 342. Of land by States to United States, 356. See Western and Northwestern Territory.

Charleston, rejoicings in, on adoption of Constitution, II. 548.

Charter, of William and Mary to Massachusetts, I. 5; attempt to alter, 6. Inviolability of, 23. How distinguished from constitution, II. 7.

Charter Governments, form and character of, I. 5.

Chase, Samuel, views of, respecting taxation of slaves, II. 159.

Checks of one department on another, II. 301.

Citizenship, as qualification of national officers, II. 186, 188, 204; of senators, 223. State rules respecting, unlike, 199. General privileges of, under Confederation, 206, 448; under Constitution, 448. See Naturalization.

Clarke, George Rogers, General, proceedings of, in Kentucky, I. 322.

Clinton, George, message of, as Governor of New York, on revenue system of 1783, I. 359. Head of party in New York opposed to Constitution, II. 502.

Coinage of the United States, origin of, I. 443.

Coit, captain in the Revolutionary naval force, I. 74.

Colonies, thirteen English, I. 3. Ante-Revolutionary governments of, 3. Form a union, 3. No union of, before the Revolution, 7. Common grievances of, 9. People of, how descended, 9. Rights of, how to be determined, 16; when and how stated, 20; declaration of, 22; what included in, 22; how to be enforced, 23. Trade of, how far right to regulate in Parliament, 20. Reduction of, to submission, great preparations for, 38. Trade with, prohibited by Parliament, December, 1775, 38. Change of, into States, 116. Constitutional power of, II. 179.

Commerce, of the United States, I. 276; capacity of, at the close of the war, 284. Regulation of, a leading object of Constitutional Convention, II. 12; became an exigency of the Union, 13; how provided for, by Virginia plan, 90; if universal, must include slave-trade, 285; report of committee of detail respecting, 289; generally conceded to general government as necessary, 290; views of Southern statesmen respecting, 290; by Congress, beneficial to North and South, 291; a power conceded by South to North, 291; indivisible, 370; reluctance of South Carolina to concede, 546. Want of power over, in Confederation, 279. Interest of, in different States, not identical, 291, 299. Powers of government over, influence of, 311. Necessities of, basis of Constitution, 312. See Regulation of Commerce.

Commercial Convention. See Annapolis and Virginia.

Commercial Power asked for by Congress, I. 285. Action of the States respecting, 286.

Commercial Treaties, want of, displayed, I. 277. Existing at the peace, 279. How far the Confederation competent to make, 279. Why not made with England, 282. Congress endeavors to get power to make, 285. Attempt to negotiate without power, 286. States refuse the power to make, 287. Fruitless efforts of the commissioners to negotiate, 289.

Commission. See Commercial Treaties and John Adams.

Committee of Congress sent to confer with Washington, I. 60, 93.

Committee of the States under the Confederation, I. 146.

Committees of Correspondence recommended by Virginia, I. 11. Agency of, 12.

Common Law, one of the rights of the Colonies, I. 23. And equity, distinction between, preserved by Constitution, II. 425. Basis of State jurisprudence, 425.

Commutation. See Half-Pay.

Compromises between national and federal systems, II. 102, 104. Lie at the basis of the Constitution, 129. Respecting formation of Congress, 141, 167, 195; representation in Congress, 146. Respecting slavery, 161; how to be effected, 163; reflections on, 309. Committee of, proposed by Gouverneur Morris, 201. Respecting Senate, as affected by money bills, 217; choice of executive, 220. How to be studied, 220. Respecting slave-trade and navigation act, 302. If not made, necessary consequences, 315.

Confederation, office of, in American history, I. 140, 149. Revenues of, 147. Defects of, 148, 155; II. 11, 14, 15, 35, 60, 79, 376. Restraints imposed by, upon the States, I. 149. Legal commencement of, 149. Operation of, to the close of the war, 181. Power of, to maintain an army and navy in peace, 215. Analyzed by Hamilton, 221. Principle of, adhered to, 225. Summary of its operations, 228. Incapacity of, to protect the State governments, 260. Had no strict power to hold or manage public lands, 291. Decay and failure of, 328; II. 13. Fatal defect in the principle of the, I. 371. Nature of, II. 16. Had no power of compulsion, 16, 376. Powers of, 27. Principle of, 33. Rule of suffrage under, 42. Had no executive or judiciary, 60. Laws of, to be executed by State tribunals, 61. Compared with Constitution, 90. Articles of, framed in 1776, 158. Assessments on States under, 160. Still in force while Convention in session, 178. Relation of, to States, 179. States opposed to entering, except on full federal equality, 227. Had no seat of government, 268. Want of power in, over commerce, 279; over revenues, 279. Engagements of, proposal to assume, 321. Want of power in, to admit new States, 349. Rule of, respecting making of treaties, 376, 416, 441. Nature and objects of, 448. How amended, 473. Chief cause of failure of, 573. See Articles of Confederation and Congress.

Confiscations, provided against, by the Treaty of Peace, I. 250. Strict right of, belonged to the Union, 251.

Congress of the Revolution, leaves Philadelphia after the battle of the Brandywine, I. 113; assembles at Lancaster and Yorktown, 113. Of the Confederation, first meeting of, 125; structure and form of, 143; II. 133, 226; powers of, I. 144; restrictions on powers of, 146; attendance diminished after the peace, 189; driven from Philadelphia by a mutiny, 220; decline of, 226; meeting of, in 1783, 235; thinly attended, 235; appointment and attendance of delegates, 237, 239; perpetually in session, 238; public objects to be accomplished by, 239; condition of, in 1785, 339; unfitted to revise the federal system, 364; had but one chamber, II. 132; resolution for continuance of, 176; method of voting in, 226; members of, chosen annually, and liable to recall, 241; appointment of officers by, complaints respecting, 248; met where, 268; presence of, in New York, benefits resulting from, 273; attempts of, to procure cessions from States, 342; resolve of, for regulation of Northwest Territory, 342; power of, to admit new States, 344; transmission of Constitution to, 486; action of, on Constitution, 499. Old, authority of, continued till new adopted, 86. Under Virginia plan, to have two houses, 101. Under New Jersey plan, to be one body, 101. Present constitution of, by whom first suggested, 138; compromise respecting, 141, 167. Power of, to legislate for general interests of Union, 170; to negative State laws, 170; respecting elections to, 257; in general, 279; over taxes, duties, &c., 322; to pay debts of United States, 322; to provide for common defence, &c., 322; over places purchased for forts, &c., 340; over Territories, different views concerning, 340, 358; limited, 340; over soil of national domain, 351; proposed, over property of United States, 355; restraints on, 359; to establish inferior tribunals, 423, 427. Acts of, supreme law, 170; how passed, 264. Proposal that executive be chosen by, 171. Members of, qualifications of, 194; ineligibility of, to office, 250; time, &c. of electing, left to States, 258; pay of, proceedings in Convention respecting, 258; objections to States paying, 259; privileged from arrest, 263; punishment and expulsion of, 263; not to be questioned elsewhere for speech or debate, 263. Importance of early legislation of, 208. Proposed to be modelled after Congress of Confederation, 226. Admission of members of Cabinet, &c. to, question respecting, 253. Each house of, to be judge of elections, &c. of its own members, 262; to determine its own rules of proceeding, 263; to keep journal, 263. Adjournment of, 275, 419. Exclusive sovereign of District of Columbia, 277. Time of meeting of, 277. To make all necessary and proper laws for execution of powers, 338. To declare war, 413. To authorize calling out of militia, 413. Special relations of President to, 419. To prescribe mode of proof and effect of State records, &c., 449. To propose amendments to Constitution, 477. To call Convention to amend Constitution, when, 477.

Connecticut, a charter government, I. 5. Governor, council, and representatives always chosen by the people, 6. Had five representatives in first House, 149. Cedes claims to Western territory, 300, 344. Appoints and instructs delegates to the Convention, 369. Opposed to Convention, II. 23; to executive holding office during "good behavior," 173; to property qualification for office, 189; to nine years' citizenship as qualification of Senator, 224; to taxing exports, 296; to restricting President to stated salary, 407. In favor of equality of suffrage in both branches of Congress, 122, 138; of equal representation of States in Senate, 141, 148, 165; of census of free inhabitants, 153; of referring Constitution to State legislatures, 184; of each State having one vote in Senate, 227. Vote of, respecting citizenship as qualification for office, 209; respecting money bills, 216, 218; respecting eligibility of members of Congress to office, 251; respecting slave-trade, 305. Ratification of Constitution by, 515. Convention of, 527; debates in, mostly lost, 529.

Connecticut Reservation, note on, I. 300.

Constitution, how framed, II. 3. Means of peaceful coercion a leading object of, 62. An abridgment of State powers in some respects, 73. Republican government guaranteed to States by, 80, 458, 468. Capacity of, of amendment, 84. Why submitted to people for ratification, 84. As reported to Convention, 86. Different plans of, proposed in Convention, 89. Compared with Confederation, 90. Compromise of, between national and federal system, 102. Based on compromises, 129. Possibility of failure to create, reflections on, 142. Framers of, problem before, 155; position and purposes of, 178; had been observers of Parliamentary corruption, 242. State and national officers sworn to support, 177, 372. Ratification of, 177. Dissatisfaction with, in different States, 182. How differs from league, 184. Proposal to submit, to Congress of Confederation, 185. Growth of, important to be pursued through entire proceedings, 193. Divided into twenty-three articles by committee's report, 194. Interest in Europe respecting, 196. Should define eligibility to national offices, 199. Purposes of, respecting immigrants, 209. Analogy of, to British Constitution, 214. Provisions of, as originally proposed, 230. Benefits of, to North and South, 303. Conception of, gradually attained, 311. Hopes of framers of, exceeded, 311. Sprung from necessities of commerce, 312. Objections to, of favoring slavery, superficial, 313. Proper mode of judging, 313. Rights guaranteed to States by, 314. Beneficent operation of, on condition of slaves, 315. Provision of, respecting power of Congress over Territories, 355; purpose of, 355; explanation of, 357. Adoption of, 372. Preamble to, 372. Supreme law, 374. Binding on all judicial officers, 374. Complex character of, 379. Workings of, not impaired by territorial growth, 381. Success of, when other systems had failed, cause of, 384. Proposed by Governor Randolph, 410. Cases arising under, meaning of, 430. Confers few special powers on general government, 432. Restrictions laid on States by, 432. Powers of national and State governments determined by, 436. Designed to form a more perfect union, 448. Inter-state privileges under, 448. Amendments of, how proposed and adopted, 473. Oath to support, by whom to be taken, 478. Religious test never to be required under, 478. Serious questions respecting mode of establishing, 479. Effect of ratification of, by only part of States, 484. Formal assent of States to, in Convention, 485. Form of attestation to, 485. Refusal of three delegates to sign, 485. Presentation of, to Congress, 486. Probable consequences of rejection of, 487. Issue presented by, to people of United States, 487. Attempt to introduce monarchy averted by, 494. Published September 19th, 1787, 495. Reception of, among the people, 495. Friends and opponents of, classified, 495. Advocates of, why styled Federalists, 496. Adopted by intelligent majority in each State, 499. Reception of, by Congress, 499. Attempt in Congress to arrest or alter, 499. Real crisis of, 515. General and special opposition to, 515. People predisposed to adopt, 516. First ratified by Delaware, 518. Right of people to change at pleasure, 522. Bestows only a part of power of people, 522. Ratification of, rejoicings in honor of, 540. Anxiety respecting State action on, 544. Amendments of, proposed by South Carolina, 548. Opposition to, in New York, 572. Adoption of, an event unparalleled in history, 584. Opponents of, concessions to, justified, 590.

Constitutions, written, how far existed before the Revolution, I. 4. Of the States, origin and character of, 261.

Constitutional Convention, first suggestion of, I. 206. First suggested by Massachusetts, 336. Suggestion of Massachusetts respecting, not adopted, 337; withdrawn, 338; objections of her delegates in Congress to, 339. Urged by various public bodies, 349. Considered and adopted by Congress, 350. Early recommendations of, 350. Recommended by the Annapolis Commissioners, 350; by Congress, 361. Difficulties of its position, 367. Powers of, not strictly defined, 367. Opinions of leading statesmen respecting, 373. Assembles at Philadelphia, 374. Novelty and peculiarity of its task, 374. List of members of, 516. Great object of, II. 5. Members of, character of, 17; different views of, 17; greatness of, 144. Authority and powers of, uncertain, 18. All States but Rhode Island represented in, 23. Presence of all States in, not required, 26. Had no power to enact or establish, 29. Character of, 29. Proceedings of, how to be studied, 29; secrecy of, 491; singular rumors respecting, 492. Supposed want of authority in, to propose fundamental changes, 91. Report of committee of the whole made to, June 19th, 129. Struggle in, respecting form of Constitution, 129. Disruption of, imminent at one time, 142. Possible consequences of failure of, 143. Resolution recommending, 185. Instructions to delegates to, 185. Causes of success of, 475. A second, inexpedient, 475, 589. Dissolved September 14th, 1787, 491.

Constitutional Law, American, originates in The Federalist, I. 417. Questions of, how determined, II. 375.

Constitutionality of laws, questions of, how settled, II. 433.

Construction, questions of, how far considered, II. 4.

Consuls, to be nominated by President, I. 418. Cases affecting, jurisdiction of, 444.

Continental Congress, formation of first, I. 3. Advised by Franklin in 1773, 10. First suggestion of, 11. Recommended by Virginia, 11. Appointed for September, 1774, 12. Declared expedient by Massachusetts, 12. First, assembled and organized, 13; delegates to, how appointed, 13; how composed, 14; method of voting in, 15; relation of, to the people of the several Colonies, 15; purpose of, not revolutionary, 16; instructions to delegates in, 18; how it sought redress, 18, 19; revolutionary tendency of, 19; assumed guardianship of rights and liberties, 19; proceedings of, in stating rights, 20; duration of, 24; adjournment of, 25; recommends another Congress, 25; where held from 1774 to 1783, 226; each Colony had one vote in, II. 227. Second, election of delegates to, by Massachusetts Provincial Congress, I. 27; assembles at Philadelphia, 28; delegates to, how appointed, 29; instructions to delegates to, 29; rule of voting in, 29; powers assumed by, 31. Becomes a permanent body, 30. Petition of, to the King, 38. Dissolves the allegiance of the Colonies to the King, 38. Becomes a revolutionary government, 39. Nature of the government by, 54. Situation of, at the end of 1776, 100. Change in the members of, in 1777, 104. Credentials of members of, in 1776, 105. Constitution of, II. 42.

Continental Currency first issued, I. 34.

Contracts, restraint on legislative violation of, origin of, II. 361, 365; obligation of, impaired by State law, redress in case of, 433. See Obligation of Contracts.

Contribution, rule of, attempted to be changed, I. 210.

Convention, at Williamsburg, I. 12. At Hartford, in 1779, 205.

Convention of all the States. See Constitutional Convention.

Copyrights, State legislation concerning, II. 339. Power over, surrendered to Congress, 339.

Cornwallis, enters Newark, I. 98. Effect of capture of, 157.

Council, vacancies in, how filled in provincial governments, I. 4. Suspension of, from office in provincial governments, 4. Part of the provincial governments, 4; charter governments, 5. How chosen, 5.

Council of Revision, proposed, dangers of, II. 435; much favored in Convention, 438; purpose of, 438.