EMOLUMENTS. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time.

(See Eligibility, notes, 19, 35, 46, 169, 242.)

ENABLING acts. Some States admitted by and some without, n. 230. The effect of Constitution and admission is to annul them, n. 230..

ENEMIES. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort........

Treason defined, and its origin, n. 215. The enemies are those who levy war. Id.

ENGAGEMENTS entered into. All debts contracted or engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation..

This clause and its reason considered, n. 237.

ENGLISH laws. For abolishing the free system of, p. 4.
ENSURE domestic tranquillity. The Constitution established in
order to insure domestic tranquillity, &c. Preamble.....
Means peace among and between the States, n. 9.
Insure.)

(See

ENTER. Vessels bound to or from one State shall not be obliged to enter, clear, or pay duties in another..

Pilotage fees not unconstitutional, n. 148. Port dues for the benefit of a State, unconstitutional, n. 162.

ENTER. No State shall enter into any treaty, alliance, or confederation...

1

Because this is a national power, n. 152.

ENTER. No State shall, without the consent of Congress, enter into any agreement or compact with another State, or with

22, 53

31,150

a foreign power....

The words were used in their broadest sense, and to cut off negotiations with foreign nations, n. 164.

ENTITLED. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States.

(See Citizens, notes 17, 18, 98, 169, 220, 221, 274.)

The citizen going into another State is entitled to all the privileges, &c., of the other citizens of that State, and no more, n. 222.

ENUMERATED Powers. The specially granted powers were not numbered in the Constitution, but the numerals have been prefixed by authors for convenience, n. 74, p. 51.

(See Numeration, n. 268.)

ENUMERATION of the people to be made within three years after
first meeting of Congress, and every ten years thereafter,
in such manner as they shall by law direct
Tables of the numbers according to the several enumer-
ations, n. 24, pp. 68-71.

ENUMERATION.

No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken...

Capitation defined, n. 144. Taxes on lands are direct
taxes, n. 144. They must be by the rule of apportionment,
notes 22, 72, 77, 81, 85, 144.

ENUMERATION of rights. The enumeration in the Constitution of
certain rights shall not be construed to deny or dis-
parage others retained by the people. Amendments....
(See Enumerated Powers, n. 74.) Enumeration defined,
n. 258. Of certain rights defined, n. 268. Deny and dis-
parage defined, Id.

EQUAL suffrage. No State, without its consent, shall be deprived

of its equal suffrage in the Senate...

Equal in no two States, notes 17, 18. Made equal in

the rebel States without regard to color, n. 276. (The reconstruction acts.) EQUITY. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made or which shall be made under their authority

Cases in equity defined, n. 200. There must be no adequate remedy at law, n. 200.

EQUITY. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Amendments....

...

This amends the first section of the third article so as to prevent suits against the States, notes 205a, 270. ESCAPING. Persons held to service or labor (or slaves), escaping into another State, shall be delivered up on claim of the party to whom such service or labor may be due Persons and State defined, n. 226. Escaping defined and distinguished from carrying by the master, notes 222, 227. The owner's rights, n. 222. Delivered up contemplates a summary remedy, n. 228. This clause is a treaty, Id. ESTABLISHI. Cited whenever used in the Constitution, n. 104. ESTABLISH. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish..

This clause discussed, notes 195-197. to put into operation, notes 12, 13, 243. on the text to notes 293-296; and notes 242-245.

To establish is
See the word
Establishment,

ESTABLISH justice. The Constitution formed in order to establish justice, &c. Preamble..

Justice defined and how established, n. 8. ESTABLISHMENT of the Constitution. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Preamble.

This preamble, why consulted, and its divisions, n. 5. The difference from the Confederate Constitution, n. 5. "The people" defined, n. 6. A more perfect union, n. 7. Justice defined. Every term defined, notes 6-13. A government was established, 1, 4, 8.

ESTABLISHMENT of this Constitution. The ratification of the Con

22, 53

22,58

How, when, and by what States the Constitution was ratified and established, notes 242, 243.

ventions of nine States shall be sufficient for the establish-
ment of this Constitution between the States so ratifying
the same.

7

41, 252

ESTABLISHMENT of religion. Congress shall make no law respecting an establishment of religion. Amendments.... Establishment here means a system of religion or established church, n. 245. Religion defined; all religions tolerated, n. 245.

EXCESSIVE bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amend

ments..

Bail defined, n. 266. What punishment is not excessive,
n. 266. Disfranchisement is not unusual punishment,
n. 267.

EXCISES. Congress shall have power to lay excises.........
Defined and discussed, n. 77.

EXCISES. All duties, imposts, and excises shall be uniform through-
out the United States...

This unformity in contradistinction to apportionment,
n. 81.
EXCLUSIVE. The admiralty jurisdiction is exclusive, and the
State assumption of it is unconstitutional, n. 203.

The power to regulate commerce is exclusive, and
leaves no residuum, n. 85. Jurisdiction of the Supreme
Court when exclusive, n. 210. And so of courts under the
Constitution, n. 211. The power of Congress over fugitive
slaves was exclusive, n. 227.

EXCLUSIVE rights to writings and discoveries in science and the useful arts may be secured to authors and inventors for a limited time...

Copyrights, how secured, n. 107. Inventors defined, n. 108, p. 122. Question discussed, n. 108.

EXCLUSIVE legislation in all cases whatsoever shall be exercised
by Congress over such district (not exceeding ten miles.
square) as may, by cession of particular States and the ac-
ceptance of Congress, become the seat of the government
of the United States..

District of Columbia ceded to United States, n. 136.
Limitation of this power, n. 137.

EXECUTE. To provide for calling forth the militia to execute the
laws of the Union, suppress insurrections, and repel in-
vasions...

Militia defined, n. 130. Limitation of the President's power, Id. When the militia become national, Id. Laws of the Union defined, n. 131. Insurrections, &c., defined, n. 132. Defined, notes 143, 156. The civil law definition,

n. 156.

EXECUTE. The President is required to take an oath faithfully to execute the office of President of the United States..

The President alone required to take this oath, n. 174. Scope of the term to faithfully execute, n. 164. No one to be put to death under the reconstruction laws without the approval of the President, n. 276, p. 282, § 4.

EXECUTED. The President shall take care that the laws be faithfully executed.

The meaning and extent of this power, n. 189. EXECUTION of the powers of the government. Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States, or any department or office thereof......

EXECUTION. Before the President enters upon the execution of his office, he shall take the following oath or affirmation. (See Oath.)...

EXECUTIVE appointment to office, whether or not an executive function disputed, n. 165..

EXECUTIVE authority. The, of any State shall issue writs of election to fill vacancies that may happen in the representation of such State...

The executive may receive resignations and may fill actual vacancies without waiting, n. 25. Vacancies, how created, n. 25. EXEMPLIFICATIONS of office, books, &c.; how to be certified, n. 219, p. 221. Decisions on the statute, n. 219.

EXPEDIENT. The President shall, from time to time, recommend to Congress such measures as he shall judge necessary and expedient.

Practice of sending a written message to Congress, n. 187. EXPEL a member. Either house of Congress may, with the con. currence of two-thirds, expel a member....

A member may be expelled for an offen se contrary to no statute, n. 49. Rebel senators expelled, n, 50.

EXPENDITURES. A regular statement and account of the receipts

and expenditures of all public money shall be published
from time to time....

Variance of the Confederate States Constitution, n. 149.
Creation of court of claims: the creditor's remedy, Id.
EXPORTS. No duty or tax shall be laid on articles exported from
any State.

This wholly takes away the power over exports, n. 146. It was stricken out of the Confederate Constitution, n. 146. EXPORTS, &c. No State shall, without the consent of Congress, lay any duty on imports or exports.....

(See note 146.) The terms defined, notes 65-67. Imports, or duties on imports, defined, n. 162.

EX POST FACTO law. No bill of attainder or ex post facto law shall be passed...

Defined, notes 143, 156. Relates only to criminal law, n. 143. The Missouri expurgatory oath is unconstitutional n. 143. Defined according to the civil law, n. 156. EX POST FACTO law. No State shall pass any ex post facto law.. Er post facto laws defined, notes 143, 156. Limitation of ex post facto laws, Id. Attorney's test oath and expurgatory oath in Missouri, not ex post facto laws, Id. (See n. 242.) EXTRAORDINARY occasions. The President may, on extraordinary occasions, convene both houses of Congress, or either

of them

This power has been frequently exercised, n. 188.

FACT and law. The Supreme Court shall have appellate jurisdiction both as to law and fact, &c...

Not to grant new trials upon the facts since the seventh amendment, notes 211, 263.

FAITH and credit, full, to be given to public acts, records, and proceedings of States, &c..

(See Acts, Authentication, Credit, Judicial Proceedings, Judgments, Records.) That credit which the State itself gives, notes 218, 219, which exhaust the subject. FEDERAL Courts. Can only issue a habeas corpus in aid of their own jurisdiction, n. 141, p. 141; in all cases which it would reach at common law, p. 142. State courts cannot arrest their writs, n. 141, p. 143.

FEDERAL judges have exclusive jurisdiction on habeas corpus when the applicant is imprisoned by authority of the United States, n. 141, p. 142.

FELONIES. Congress shall have power to define and punish_piracies and felonies committed on the high seas, and offenses against the law of nations

To define, to punish, piracy, and felony, defined, notes 110, 111, 112, 113, 192, 193, 194. The civil and not the common law definition adopted, n. 113. Misdemeanor used in contradistinction to felony, n. 194. (See Offenses, n. 194.) This power under the Confederation, Art. IX. p. 14. FELONY Members of Congress may be arrested for felony... The arrest may be for any indictable offense, n. 56. FELONY. A person charged with, fleeing from one State to another, to be delivered up on demand..

A person means any one who has committed a felony or crime, n. 233. The indictment is conclusive of this, n. 223. Those who have been guilty of felony at common law disfranchised by the reconstruction laws, n. 176, § 5. FEW, WILLIAM. Deputy from Georgia. Signed this Constitution, p. 42.

FIELD, STEPHEN J. Associate Justice of the Supreme Court,
n. 197, p. 192.

FILLMORE, MILLARD. Vice-President, n. 37; and President, n. 166.
FINES. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Amendments

A fine of fifty dollars and three months' imprisonment

for violating the liquor law is not excessive, n. 267. Dis-
franchisement is not unusual punishment, n. 267. Of ten
thousand dollars for disregarding the tenure of office law,
n. 184, pp. 180, 18r, § 5, 6, 9.

FITZPATRICK, BENJAMIN. Presiding officer of the Senate, n. 88,
p. 81.

FITZSIMONS, THOMAS. Deputy from Pennsylvania. Signed this
Constitution, pp. 42, 252.

FLORIDA. Qualifications of voters in, n. 17, p. 60. Entitled to
one representative, n. 24, p. 69. Number of inhabitants,
n. 24, pp. 69, 70. Did not vote in Presidential election of
1864, n. 167. Assigned to fifth judicial circuit, n. 191.
Inhabitants made citizens, n. 220, p. 222, § 4. Admitted
into the Union, n. 230. Ratified 18th amendment, n. 274,
and rejected 14th, n. 275. One of the rebel States, n. 276,
p. 282, § 1. Government declared provisional, n. 276, p.
286, § 1. Held convention in, n. 277. Registered voters
in, n. 278.

FLOYD, WILLIAM, of New York. Signed the Dec. of Ind. p. 7.
FOOTE, SOLOMON. Presiding officer of the Senate, n. 38, p. 81.
FOREIGN birth. The power of naturalization is only applicable to

persons of, n. 274, p. 276.

FOREIGN Coin. Congress shall have power to coin money, regulate the value thereof, and of foreign coin...

As a

To coin money and regulate defined, notes 97, 98, 99.
Congress has always exercised the power, n. 100.
legal tender considered, notes 82, 84, 97, 155. First legal-
tender act was in favor of, n. 155.

FOREIGN extradition jurisdiction is purely political, n. 225.
FOREIGN, jurisdiction, to our Constitution, Dec. of Ind. P 4
FOREIGN nations. Congress shall have power to regulate com-
merce with foreign nations..

To regulate defined, 85. Commerce, 86. Commerce
with foreign nations, between citizens of the United States,
and citizens or subjects of foreign governments, n. 87
This power is complete in itself, n. 87, p. 106.

FOREIGN Power. No State shall, without the consent of Congress, enter into any agreement or compact with another State, or with any foreign power....

Agreement or compact defined, n. 164. This prohibition is political, Id. It was intended to cut off all negotiations and intercourse between the State authorities and foreign nations, n. 164.

FOREIGN State. No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State...

Office defined; does not extend to private citizens, n. 151. FOREIGN State. The judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Amendments..

This is amendatory of the second section of the third
article, notes 205a, 270. To prevent States being sued by
citizens or foreigners, n. 270.

FOREIGN States, citizens, or subjects. The judicial power shall
extend to controversies between a State, or the citizens
thereof, and foreign States, citizens, or subjects.....
Only where the State is plaintiff or defendant in error,
205a, 270. The history of the subject, 205a. The interest
of the State must appear of record, 205a, 270.

FORFEITURE. No attainder of treason shall work corruption of
blood or forfeiture, except during the life of the person
attainted.

.....