issnes 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 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 a 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. What revo 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. The 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 answere l. 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 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. 282. lutionary results of, n. 286. Revo 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 Congress shall, by law, declare what officer shall then act ACTION. (See Case, Suits.) Full faith and credit defined, n. 218. The law of Congress for proving these acts, n. 219. p. 218. Must be under the Great Seal, Id. Copied from the Confederation, p. 10. ACTS of Congress. To regulate time and manner of electing senators, n. 30. To fix a standard of weights and measures, n. 102, p. 117. To regulate the tenure of office, n. 113. Prescribing manner of proving laws, records, &c., n. 219. The several reconstruction acts, n. 276. Take effect from their approval by the President, n. 66. ADAM, ANDREW, of Pennsylvania. Signed the Articles of Confederation, p. 21. ADAMS, JOHN. Delegate from Mass. Signed the Dec. of Ind. p. 7, ADAMS, JOHN QUINCY. Sixth President of the U. S., n. 166. ADJOURN from day to day. A smaller number than a majority of ADJOURNMENT of the Congress of the Confederation not longer than The President must receive the bill ten entire days ADJOURNMENT. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States. (For proceedings, see Resolution.).. ADJOURNMENT. In case of disagreement between the two houses of Congress with respect to the time of adjournment, the President may adjourn them to such time as he shall think proper... This power has never been exercised, n. 188. ADJUTANT-GENERAL. An officer in the army, n. 124. Dec. of Ind. p. 3. ADMIRAL. Chief officer in the navy, n. 128. ADMIRALTY and maritime jurisdiction. The judicial power shall extend to all cases of admiralty and maritime jurisdiction. Defined; extent of jurisdiction; has been enlarged to navigable waters, n. 203. ADMITTED. New States may be admitted by the Congress into this Union... Effect of admission, n 229. List of new States and dates of admission, n. 230. ADOPTION of this Constitution. 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 article explained, n. 237. When the States shall have adopted the 14th constitutional amendment, n. 276, p. 283, § 5. ADVICE and consent of the Senate. President shall have power, by and with the, to make treaties and appoint ambassadors and all other officers. When and how given, n. 178. When necessary to an appointment, n. 179. Effect of, in fixing tenure of office, n. 184, p. 179, § 1. To advise upon suspension, if the Senate refuse to concur, Id. § 2. If the Senate fail to advise, the office to remain in abeyance, n. 184, p. 180, § 3. (See Tenure of Office.) AFFIRMATION. (See Oath or Affirmation, n. 242.) AGE. Qualification for a representative in Congress, 25 years..... AGE. Qualification for a senator in Congress, 30 years... AGE. Qualification for Vice-President of the United States, 35 AGREEMENT or compact. No State shall, without the consent of Congress, enter into any agreement or compact with another State or a foreign power. Relates to what prohibitions; may enter into what, n. ALIEN. A naturalized is a natural bornsubject, from birth, notes 274 ALIENAGE is an indispensable element in the process of naturaliza tion, n. 274, p. 276. ALIENS, or persons of foreign birth, not eligible as President or Vice-President of the United States Amendments.. Effect of naturalization upon, notes 93, 209. Of what suits courts have jurisdiction. Cannot maintain a real action; defined, n. 209. May take and hold real estate, n. 209, p. 204. May be made citizens by revolution or general law. The Constitution provides for naturalization of, n. 167. See Citizen. notes 19, 30, 35, 63, 69, 170, 206, 220, 221, 274, 275, 277. Negroes born in United States cannot he, n. 274. ALLEGATION. Citizenship of different States must be averred to give jurisdiction, n. 206. Native born ALLEGIANCE. Defined, n. 220, p. 164. An alien is one born out |