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government suppressed the rebellion, Id. General Jackson on nullification, Id.. "Census" defined, n. 145. DISCHARGED from service or labor. No person held to service or labor in one State shall be discharged from such service or labor in another... DISCIPLINING the militia. Congress shall have power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress..

The full meaning of "organizing, arming," &c., n. 134. Decisions on the constitutionality of conscription, Id. n. 118, p. 129.

DISCOVERIES. Exclusive right to discoveries may be secured by inventors for a limited time....

Copyrights and patents discussed, n. 107, pp. 122, 123. DISFRANCHISEMENT of a citizen hot an unusual punishment, n. 267, p. 268. Certain officers who had engaged in the rebellion disfranchised, n. 276, p. 288, § 5.

DISORDERLY behavior. Each house may punish its members for disorderly behavior

Power of Congress as to contempts, n. 48. Sam Houston's case, Id. Legitimate grounds of expulsion, Id. p. 87. Rebel senators expelled, n. 50.

DISPARAGE defined, n. 258.

DISPUTES between States. How settled under the Confederation,
Art. IX. p. 14.

DISQUALIFICATION. Judgment on impeachment a disqualification

to hold and enjoy any office, &c., under the United States.. Judgment on impeachment cannot be short of removal from office, n. 40. Usage in England, Id. Does not affect his person, Id Civil officers liable to impeachment, n. 191. Impeachment by the common law defined, Id. Report of Committee on Impeachment of President Johnson, with precedents cited, n. 194, p. 188. (See 14 cl. am'dt, p. 279.) DISTRICT not exceeding ten miles square. Congress shall have power to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States.

Cession of the District of Columbia, n. 136. This power includes taxation, n. 137. Carries with it right of exclusive jurisdiction, Id. No action can be taken in any case in the ceded district, after cession, by the State ceding, Id. p. 138. DISTRICT. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. Amendments...

DIVIDED. The Vice-President shall have no vote unless the Senate be equally divided..

"Vice-President" and his powers discussed, n. 36. DIVINE Providence. Firm reliance on, by signers of the Dec. of Ind. p. 7.

DOCK-YARDS, &c. Congress shall have power to exercise exclusive legislation over dock-yards...

This power carries with it right of exclusive jurisdiction, n. 136. Limitation of this power, Id.

DOMESTIC Violence. The United States shall, on application of the legislature, or of the executive (when the legislature cannot be convened), protect each State against domestic violence..

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This subject discussed and explained by history, notes 284, 235.

89, 249

DRAYTON, WILLIAM HENRY, of South Carolina. Signed Articles of Confederation, p. 21.

DUANE, JAMES, of New York.

p. 21.

Signed Articles of Confederation,

DUER, WILLIAM, of New York. Signed Articles of Confederation, p. 21.

DURING good behavior.

The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior

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Good behavior defined, n. 197. Judges impeachable for want of, n. 194.

36, 198

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DUTIES. Congress shall have power to lay duties..
DUTIES. All duties, imposts, and excises shall be uniform through-
out the United States.

Must be laid by rule of uniformity, n. 22. Defined,
n. 75. Extent of the power, n. 73.

DUTIES. No preference shall be given by any regulation of com-
merce or revenue to the ports of one State over those of
another; nor shall vessels bound to or from one State be
obliged to enter, clear, or pay duties in another
Exports to be free from all duty, n. 146.
defined, n. 147. Extent of this inhibition to States, Id.
The coasting trade encouraged, n. 148.

"Preference"

DUTIES on imports. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the Treasury of the United States, and all such laws shall be subject to the revision and control of the Congress...

Defined, n. 162. Extent of the necessity, Id. p. 162. Inspection laws defined, p. 162. DUTIES. In case of the death, removal, resignation, or inability of the President to discharge the powers and duties of that office, the same shall devolve on the Vice-President, &c.. Act of Congress for filling vacancies, n. 172. (See Vacancies.)

DUTIES. The President may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices..

How the "opinions" are delivered, n. 176. Various departments, Id. Jefferson's opinion on this subject,

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Id.

DUTY or tax might have been imposed on imported persons (or slaves) up to 1808

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"Persons" defined and discussed, n. 139.

DUTY. No tax or duty shall be laid on articles exported from any
State

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No duty on exports, n. 146. (See Duties.)

DUTY of tonnage. No State shall, without the consent of Congress, lay any duty of tonnage

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A duty on imports and tonnage defined, notes 162, 163. "Tonnage" defined, Id.

ECCLESIASTICAL Establishments, National, prohibited, n. 245.
EFFECT of proceedings of States.

Congress may, by general

laws, prescribe the effect of the public acts, records, and
proceedings of States

EFFECTS. The right of the people to be secure in their effects
against unreasonable searches and seizures shall not be
violated. Amendments

ELECTED. Representatives in Congress shall be chosen or elected every second year by the people of the several States

66

People of the several States" defined, n. 16. Negroes not of "the people," Id. Qualifications of representatives, Id. Qualifications in the several States, n. 17, pp. 60–65.

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Citizenship does not necessarily confer the suffrage, n. 18.
The right of suffrage defined, Id.

ELECTED. Two senators from each State shall be chosen (or
elected) by the legislature thereof, for six years..

Why two from each State, n. 28. Why elected by the legislature, Id. Mode of election, Id. Hamilton's opinion, Id. General usage, n. 29. Cameron's, Harlan's, and Stockton's cases, Id. Act of Congress with regard to elections, n. 30. In case of a vacancy, Id. p. 76. The election certified, Id.

ELECTION.

When vacancies happen in the representation from a State, the executive thereof shall issue writs of election to fill them..

Basis of action of the executive, n. 25. Incompatible
offices cause a vacancy, Id. How vacancies are created, Id.
ELECTION of senators prescribed by statute; the act, n. 76.
ELECTION of President and Vice-President United States. The

President shall hold his office during the term of four
years, and, together with the Vice-President, chosen for
the same term, be elected as follows:

List of Presidents, n. 166. Electors defined, n. 107.
Number of electors, Id. Qualifications of Vice-President,
1686. (See pp. 163-169.)
ELECTION. President and Vice-President United States:-

Each State shall appoint, in such manner as the legisla
ture thereof may direct, a number of electors equal to the
whole number of senators and representatives to which the
State may be entitled in the Congress; but no senator or
representative, or person holding an office of trust or
profit under the United States, shall be appointed an
elector.

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Electors defined, n. 107. Number of electors, Id.
The electors shall meet in their respective States, and
vote by ballot for President and Vice-President, one of
whom, at least, shall not be an inhabitant of the saine
State with themselves. They shall name in their ballots
the person voted for as President, and, in distinct ballots,
the person voted for as Vice-President; and they shall
make distinct lists of all persons voted for as President,
and of all persons voted for as Vice-President, and of the
number of votes for each; which lists they shall sign and
certify, and transmit sealed to the seat of government of
the United States, directed to the President of the Senate.
The President of the Senate shall, in presence of the
Senate and House of Representatives, open all the certi-
ficates, and the votes shall then be counted: the person
having the greatest number of votes for President shall
be the President, if such number be a majority of the
whole number of electors appointed; and if no person have
such majority, then, from the persons having the highest
numbers, not exceeding three, on the list of those voted
for as President, the House of Representatives shall
choose, immediately, by ballot, the President. But, in
choosing the President, the votes shall be taken by States,
the representation from each State having one vote: a
quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of
all the States shall be necessary to a choice. And if the
House of Representatives shall not choose a President,
whenever the right of choice shall devolve upon them,
before the fourth day of March next, following, then the
Vice-President shall act as President, as in the case of the
death, or other constitutional disability of the President.
Amendments

The person having the greatest number of votes as
Vice-President shall be the Vice-President, if such num-
ber be a majority of the whole number of electors ap-
pointed; and if no person have a majority, then from the

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two highest numbers on the list the Senate shall chooso
the Vice-President: a quorum for the purpose shall consist
of two-thirds of the whole number of senators, and a
majority of the whole number shall be necessary to a
choice. Amendments

But no person constitutionally ineligible to the office of
President, shall be eligible to that of Vice-President of
the United States. Amendments

Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected....

ELECTIONS. The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof, but the Congress may, at any time, by law make or alter such regulations, except as to the places of choosing senators.

The power of the governor of the State over, n. 41. Meaning of " time, place, and manner." Id. and n. 46. The question of the power of Congress, with regard to, n. 241. ELECTIONS. Each house shall be the judge of the elections, returns, and qualifications of its own members...

"Elections, returns, and qualifications" defined, notes 44, 45, 46. A test oath necessitated by the rebellion, notes 46, 242. Arguments pro and contra the disqualifications of participants in the rebellion, n. 46.

ELECTIVE franchise. How it is given and differs in all the States, notes 16, 17, 18. It is a power, not a right, n. 18. "Under the control of the States," n. 41. Doubts thrown upon this, n. 17, "NEBRASKA," n. 274. When the constitutions shall make no distinction on account of color in the elective franchise, notes 276, 283, § 5. The right of the States to determine under the 14th amendment still seems to be left unimpaired, n. 280.

ELECTOR. No senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector of President or Vice-President of the United States..

ELECTORS. The qualifications of electors of representatives in Congress to be the same as for electors of the most numerous branch of the State legislature...

The subject logically considered, n. 16, pp. 59, 60. The qualifications of electors in each State, n. 17, pp. 60-64. No uniformity except as to males, and the age of 21 years; the necessity of uniformity considered, n. 17, pp 64-65. The right of the States to define claimed, notes 41, 244, 274, p. 283. Qualification of, in rebel States on the reconstruction measures, without distinction of color, excluding those rebels who had held certain offices, n. 276, pp. 283, 288, 5, 6. Of delegates to the reconstruction conventions. For officers under the provisional governments, n. 276, p. 283, § 6. To be registered and how, n. 276 (supplementary act), p. 284, § 1. Approval of the qualified, Id. § 6. Boards of registration to ascertain the qualifications of electors, n. 276, p. 287, § 5. The disqualification explained, Id. § 6.

ELECTORS of President and Vice-President of the United States. Appointment, qualification, time of choosing, and duties of electors. Amendments.

Electors defined and discussed, n. 167. Choice of the electors

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a point of issue, Id. Numbers and apportionment of the
electors, Id. When they meet, n. 165. Compared with
electors for legislators and members of Congress, notes 17,
18, 167. Of delegates in Congress for only three years
under the Confederation, Art. V. p. 11.

ELIGIBILITY of a representative in Congress. No person shall be
a representative who shall not have attained to the age of
twenty-five years, and been seven years a citizen of the
United States, and who shall not when elected be an in-
habitant of that State in which he shall be chosen...
"Person" defined, n. 19. Citizens and persons not the
same, notes 17, 18, 19, 220, 274. The person must be an
inhabitant of the State, n. 19. Qualifications may be super-
added, notes 46, 242.

ELIGIBILITY of a senator in Congress.

No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen..

Person defined as in note 19, n. 35. Shields rejected for want of, n. 35. Qualifications compared, notes 46, 169, p. 188. Have been superadded by test oath, notes 46, 242. ELIGIBILITY of electors of President and Vice-President of the United States. No senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector..

(See note 167.) No person eligible to office under the
federal government who cannot take the test oath, n. 242.
Nor to practice as attorney, n. 242. This unconstitutional,
as to those already having the right, n. 143, p. 148, n. 242.
ELIGIBILITY of the President of the United States.
No person,

except a natural born citizen, or a citizen of the United
States at the time of the adoption of this Constitution,
shall be eligible to the office of President; neither shall
any person be eligible to that office who shall not have
attained to the age of thirty-five years, and been fourteen
years a resident within the United States....

A natural born citizen defined (See Citizen), notes 17,
18, 169, 274. Every person born in the country is, at the
moment of birth, prima facie a citizen, n. 169. Few of
the foreign born at the time of the adoption of the Consti-
tution now eligible, n. 170. Those born upon purchased
or annexed soil, not eligible, n. 179. The President must
be a man, n. 170. Age cannot be dispensed with, n. 171.
Residence defined, n. 171.

ELIGIBILITY of the Vice-President of the United States. No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Amendments...

ELIGIBILITY of delegates in the conventions of the rebel States, n. 276, p. 288, § 5.

ELLERY, WILLIAM. Delegate from Rhode Island. Signed Dec. of Ind. p. 7; and the Articles of Confederation, p. 21. EMINENT domain. All contracts are subject to the right of eminent domain of the State, n. 157, p. 157. The States must not infract the national right of, n. 89. May be taken for public use, n. 258.

EMOLUMENT. No person holding any office of profit or trust
under the United States, shall, without the consent of
Congress, accept of any present, emolument, office, or title
of any kind whatever from any king, prince, or foreign State
Office defined, n. 151. Does not extend to private
citizens, n. 151, p. 159. The acceptance of an incompatible
office vacates the other, notes 62, 63.

EMOLUMENT of the President of the United States. The President
shall receive a stated compensation, but no other emolu-
ment from the United States, or either of them.....
Fixed at $25,000 per annum, n. 173.

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