in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. One of the complaints against the reconstruction laws has been, What is the that this same disqualification has been extended to the right to effect of the disqualificavote upon all the measures of reconstruction; and that so large a tion? class has thus been excluded that "negro supremacy " has been established in all those ten States. It is no part of this book to defend or denounce any policy. The truth is, that the disqualifi- What percation did not and could not reach any voter under twenty-seven centage could it years of age; it could reach comparatively few below thirty-five; possibly and in no community is there an alarming number above fifty years reach? of age. Neither by statistical possibility nor by count, has it been found fairly to extend to one-tenth part of the population. Upon Attorney-General Stanbery's interpretation, one-twentieth would be much nearer the number. (Opinions upon the Reconstruction Laws, 1867.) It does, however, reach a class; and the disqualification would extend to future as well as to past rebellions, and the power of holding office, or disability could only be removed by a 16-18, 220two-thirds vote of each house of Congress. 223. 277. 242. And as the country seems to have settled down into the notion, 16-19, 35, 46, that the elective franchise and the qualification for office are 93, 169–171. powers, which always require something superadded to mere citizenship, the disqualification as an organic rule for the future becomes one of wisdom and sound policy. I say nothing of the argument that it is a punishment for past offenses against the efficacy 142, 143. of executive pardon. As the number of participants in past rebellions will daily decrease, let us hope that the love of office, the very strongest in the restless, ambitious spirits, who always control popular sentiment, may render it almost impossible that ever the section shall extend to others who shall hereafter engage in insurrection or rebellion against the United States. 117. "STATE" in this section would doubtless be interpreted, as in the fugitive clauses, to extend to the District of Columbia and the Territories, and, indeed, to all who owed allegiance to the United 226, 215, 242. States, and had held an office within the category of those defined. And "PERSON" would receive the most comprehensive definition. section? 282. The fourth section declares, that "the validity of the public What is the debt of the United States, authorized by law, including debts in- fourth curred for the payment of pensions and bounties for services in suppressing insurrection or rebellion shall not be questioned." While this has been supposed to relate to the debt contracted in the suppression of the late rebellion, it is, in fact, an organic pledge What debts for all debts contracted in the past and for the future. The debt is does it not only not to be repudiated, but "not questioned." embrace? 78, S2. While so large a debt is thus intended to be secured, the section What debts further stipulates: "But neither the United States nor any State are stipulatshall assume or pay any debt or obligation incurred in aid of insured not to be paid? rection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void." What are the probable The debt of the Confederate States could not have been less than two thousand millions of dollars; and the value of the slaves amounts? 78, 82. The fifth? 138. 274. What is the of the subject? 274. emancipated exceeded that sum. The debts incurrred by States, counties, corporations, and individuals in aid of insurrection or rebellion against the United States, probably amount to a thousand millions more, to say nothing of pensions and "bounties for services," if one clause of the article is to be consulted in expounding the other. The terms of reconstruction prescribed by President Johnson required the States to repudiate their war debts. This has been done to a more or less limited extent in the constitutions and ordinances of the reconstruction conventions. But this is only for the protection of the States. Every one will judge for himself of the influence of such a debt, combined with the danger of having so large a national debt "questioned" or repudiated. The problem of allowing the representations from States withdrawn from Congress and incurring such enormous debts of their own, while fighting the United States, an equal voice in reference to debts incurred by the nation in conquering them, is one of no small difficulty. Viewed from the stand-point of extraneous influences upon Congress, no one can now fully comprehend its danger. The organic guaranty is only an additional security. 283. The fifth section is little more than a repetition of the general powers of legislation. It is precisely the same expressed in the thirteenth amendment. "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." The appropriate legislation which would arise under this article, would be governed by time and circumstances, just as all the other powers of Congress have been. 284. Whether this constitutional amendment has become, or importance shall become, a part of the organic law, as covenant for the great future, is a matter for the serious contemplation of the whole country. In the late very able message of the President, he recommends Congress to retrace the measures of the past. This cannot be understood to recommend the annulment of the thirteenth constitutional amendment. He is very explicit in opposing the reconstruction laws; and therefore he may be construed as recommending the repeal of the Civil Rights Bill, and opposing this whole fourteenth amendment, with no other recommendation in its stead, than to allow the representation from the States elected since the acts of reconstruction, directed by the President himself. Few, if any, of these persons, could take the test oath now required of all. But whether this is to be repealed or to be regarded as obsolete, has not been very distinctly avowed by those who demand the admission of members from those States. 46, 242. section upon What may 285. It may not be out of place to observe, that, as the third be the effect section disqualifies a class from office, the principle of inclusio unius, of the third exclusio alterius, may remove the disability caused by the test oath the test as to all not in that section enumerated. If this be so, those engaged in the late rebellion would gain rather than lose by the adoption of the amendment. Many leaders in that movement are not disqualified. oath? 242. The question of what are the constitutional rights of men, regardless of the past, is always one of serious import. Such an issue, at such a time, is well calculated to awaken the most painful apprehensions. The issues involved are:-1. Does freedom to the slave What are mean equal liberty to the citizen? 2. Have they been made citi- the real issues zens, and if so, what is the extent of their rights? 3. Shall the involved? governments of the States lately in rebellion be left to those only who controlled it; or shall all participate regardless of color or pre- 220, 274. vious condition? 4. Shall the ratio of representation remain, thus 23, 24. superadding two-fifths to the slave States without one-half of the citizens having any greater participation in the government than the slaves had; or shall the ratio be changed so as to represent votes as well as numbers? 5. Shall any one for the past or the future be disqualified from holding office because of participation in insurrection or rebellion against the United States? 6. Shall there be an organic guaranty in respect to the national debt; or shall there be such guaranty against the rebel debt and the claim for slaves? See Farrar upon the Fourteenth Amendment, § 448, 449. As to the speculative question, What is to be the future of the negroes? an opinion would be as hazardous as would have been an uninspired prophecy as to the future of the Jews the day they crossed the Red Sea. reflections President 167. 286. The editor of the foregoing notes cannot dismiss the sub-1-278. ject without a few general remarks, which have suggested them- What are selves during the years of study necessary to the preparation of the general such a work. These reflections will be confined to the changes in of the the organism of the government, silent and conventional. The editor? first reflection is, that in the choice of President the expectations What as to of the framers of the Constitution have been disappointed. The the choice choice was intended to be left to the electoral colleges uninfluenced by á previous canvass. It was probably expected that a failure to agree would be the rule-not the exception-and that the choice would devolve upon the House, and be made by States as co-equals. The first disagreement led to a change of principle. The convention system of nominations has destroyed the influence of the small States, and transferred the selection of candidates to the large States. The contest is really directly for the candidates, and the electors are but conduit pipes, fearfully responsible to their direct constituents to whom they stand pledged. 184. The next noticeable fact has been the increase, and now the cur- 184-186. tailment, of the President's power and patronage. The appointing to office was always a prerogative of the crown. The power to remove officers at pleasure, at first doubtfully exercised, has become a fearful engine of party. The tenure-of-office law has attempted to check the exercise of the power without reaching the root of the evil. But the mischief lies not so much in the constitutional powers of the President, as the too common error that the administration What is the is the government. Upon this fallacy of not living "under Lincoln too common rule," the Southern heart was fired unto resistance and civil war ; the power the same popular fallacy has controlled in the same section in the of the contest between the President and Congress. So that whether the President? error as to What of the judicial power? 195, 275. history of the govern ment? 229-232. executive sympathies are against or for us, we overrate his powers for evil or good. Like all other magistrates, the President is obliged to be controlled by the Constitution and the laws of the land. The third noticeable fact is, that the judicial jurisdiction and influence have been rather increased and enlarged than diminished. The reports of this branch of the government stand as vast monuments of learning. They are more permanently and generally accessible to the people than the expositions of the other departments. In a country where the legal profession exert so mighty an influence, they are regarded as more authoritative than other precedents, because the exact demarcations of judicial power are not clearly understood. 66 What revoThe revolutions which have marked the history of the governlutions have ment will be found in the several constitutional amendments, in marked the the acquisition of foreign territory, the annexation of Texas, the history of the rebellion and the consequences which have followed. The acquisition of territory led to the creation of "colonial governments," or "inchoate States " (generally confused under the undefined title of "Territories"), and a series of legislation for which no direct constitutional grant could be found; and which consequently caused a rapid concentration of central power. Each new revolutionary fact has excused an exercise of the supposed necessary and proper" legislation. These were incidents of national sovereignty which, perforce, revolutionized the public ideas of the country. The same may be said of the practical necessity which crushed the theory of secession. Sundry express powers were specially granted in the Constitution. To protect and shield these for the benefit of the whole people, all of the incidental necessary powers had to be exerted. And, in such a contest, the leading actors can never nicely discriminate. So that if it should become necessary to revolutionize States or change State boundaries and organizations, for safety, hereafter, we have the living precedents. 138. 138. 233-235. And yet the candid student must admit that our Constitution and Union still stand as the same glorious fabric, with the powers of departments clearly defined; with whole bills of rights unimpaired; with new guaranties for liberty; with human slavery stricken out of the instrument; and with a continuing struggle to protect the political equality of all. The nation is mighty and glorious among the great powers of the earth, and may it be perpetual. If I shall have contributed any thing to the study of this great fabric, my prayers will have been answerel. JAN. 1, 1868. GEO. W PASCHAL. ANALYTICAL INDEX. The texts of the Constitution are arranged analytically and alphabetically. The Articles, Sections, and Clauses are shown both as to the Constitution noted and not noted. The Preface, Declaration of Independence, Articles of Confederation and the author's notes are likewise copiously indexed. ABANDONED lands. (See Freedmen.) ABATEMENT. Want of citizenship must be pleaded in, n. 206, p. 202 ABSENCE. In the absence of the Vice-President the Senate shall choose a President pro tem.... Practice as to; list of Presidents pro tem., n. 38. ABSENT members. A smaller number than a majority of either House of Congress may compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.. ABSENT suitors. Effect of judgments against, not served, n. 218. ABSOLUTELY necessary. The strongest qualification of necessary, United States, shall, without the consent of Congress, ACCOUNT. A regular statement and account of the receipts and expenditures of all public money shall be published from time to time.... How these accounts are kept, n. 149. ACCUSATION. In all criminal prosecutions, the accused to be informed of the nature and cause of the accusation. Amendments... Accused defined and the subject discussed, n. 260. ACQUISITION of territory. A consequence of the war power, notes 118, 274; and of the right to admit new States, n. 229. The history and right to acquire discussed, n. 232. Revolutionary results of, n. 286. ACQUITTAL. No one shall be tried for the same crime after, n. 255. ACT as President. In case of the removal, death, resignation, or inability of both the President and Vice-President, the |