(See Attainder and Corruption of Blood, n. 217.) Felony caused forfeiture of lands or goods at common law, n. 118. A pardon does not restore offices forfeited, nor property nor interests vested in others, n. 177, p. 174.
FORM a more perfect union. The Constitution established in order to form a more perfect union. Preamble
Stronger than the Articles of Confederation, n. 7. FORTS, &c. Congress shall have power to exercise exclusive legis- lation over forts, &c..
This carries the right to punish for offenses committed within the, n. 187.
FOSTER, LAFAYETTE S. Presiding officer of the Senate, n. 88, p. 81. FRANCHISE, ELECTIVE. Citizenship has no connection with fran- chise or voting, eligibility to office, or political rights, n. 275, p. 275, notes 16, 18. Curtaiiment of to curtail repre- sentation, n. 280. The probable effect of this upon the States, Id.
FRANKLIN, BENJAMIN. Deputy from Pennsylvania. Signed the Dec, of Ind. p. 7; and this Constitution, pp. 42, 252. FRANKLIN, JESSE. Presiding officer of the Senate, n. 38, p. 79. FREE and independent States. The thirteen colonies declared, p. 6. FREE-State. A well-regulated militia being necessary to the secu- rity of a free State, the right of the people to keep and bear arms shall not be infringed. Amendments
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This clause has reference to a free government, n. 249. -FREEDMENC Laws for the protection of, enacted under 13th aimendinent, n. 174. FREEDOM of speech and the press. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press. Amendments
Freedoin defined, n. 249. And of the press, n. 247. The people and right of petition defined, n. 248.
FUGITIVES from justice. A person charged in any State with trea- son, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the execu- tive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime...
Person defined; flee defined, n. 222. A fugitive from justice may be arrested and detained until requisition, n. 224. The duty of the governor, Id. The Supreme Court cannot force the governor, Id. The fugitive must be claimed as such, and must be one, n. 224. Shall be deliv- ered up defined, n. 225. Sufficient warrant to arrest a fugitive, Id. Cannot be surrendered after acquittal or pardon, Id.
FUGITIVE slaves. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. 4 2
Person defined, n. 226. State extends to Territories and District of Columbia, n. 226. Escape defined, n. 227. Ap- prentices included, Id. The President could cause the delivery of fugitive slaves among the Indian tribes, Id. The owner's power over the fugitive, Id. The power of Congress exclusive on the subject, n. 227, right to reclaim fugitive slaves secured, Id. contemplates summary proceedings, n. 228. was a treaty, Id.
p. 233. The The delivery This clause
GAILLARD, JOHN. Presiding officer of the Senate, n. 38, p. 79. GAUGING. Instruments to be procured for, n. 102, p. 117. GENERAL. The highest grade in the army, n. 124.
GENERAL laws. Congress may, by general laws, prescribe the
manner in which the public acts, records, and judicial pro- ceedings of States shall be proved, and the effect thereof..
The several acts and decisions thereon, which have been prescribed under this clause, n. 219.
GENERAL welfare. The Constitution established to promote the general welfare. Preamble
This clause defined, n. 10. Was stricken out of the Confederate Constitution, n. 5. GENERAL welfare. Congress shall have power to provide for the
Judge Story's reading of this clause, n. 80. Mr. Jefferson's construction, n. 80.
GEORGIA. Signed the Dec. of Ind. p. 8; the Articles of Con- federation, pp. 9, 21; and the Constitution of the United States, pp. 48, 252. Qualifications for voters in, n. 17, p. 60. GEORGIA. Entitled to three representatives in the first Congre4s. Seven representatives by the census of 1860, n. 24, p. 69. Population through each decade, n. 24, pp. 69, 70. Did not vote in the presidential election of 1864, n. 167. Assigned to fifth judicial circuit, n. 197, p. 192. Ceded Alabama and Mississippi, notes 230, 231, 232. Ratified the 13th consti- tutional amendment, n. 274, and rejected the 14th, n. 275. Declared one of the rebel States, n. 276, p. 282. Civil gov- ernment subject to military control, n. 274, p. 286, § 1. Held convention, 277. Registered voters in, Id.
GERRY, ELBRIDGE, of Mass. Signed the Dec. of Ind., p. 7; and Articles of Confederation, p. 21. Vice-President, n. 87. GILMAN, NICHOLAS. Deputy from New Hampshire. Signed this
Constitution, pp. 42, 252.
GOD, ALMIGHTY. (See Almighty God, n 5.)
GOD, the act of, not to affect the termination of services, n. 274. GOLD and silver coin. No State shall make any thing but gold and
silver coin a tender in payment of debts..... Remark upon this, n. 152. But Congress may make paper a legal tender, notes 83, 97, 98, 99, 100, 155. This denied, notes 97-100. Examples of paper legal tenders, n. 83. The first legal-tender act was in favor of foreign coin, n. 155.
Good behavior. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior
That is for life or until impeachment, notes 191, 192, 193, 194, 197. The precedents of impeachment for want of, n. 194.
GORHAM, NATHANIEL, of Mass. Signed the Constitution, pp.41, 252. GOVERNING the militia. Congress shall have power to provide for governing such part of the militia as may be employed in the service of the United States.
This power defined, n. 134. Power of the President over, notes 134, 135.
GOVERNMENT. The Constitution created a, not a mere compact, Pref. p. viii. notes 2, 4. Cannot take the rights of the citizen away, except by due course of law, n. 257. Grand juries hear the evidence of the government only, n. 233. Reasons for the exclusive in the District of Columbia, n. 136. How it is changed by abolishing slavery, n. 274. Changes in the, silent and conventional, n. 286, p. 293. The fallacy that the President is the government, Id. The decisions and influence of the judicial department of, Id. 294. The revolutions which have marked the history will be found where, Id. p. 294.
GOVERNMENT. Congress shall have power to make rules for the government and regulation of the land and naval forces... These rules, how made and where found, n. 129. GOVERNMENT of the United States. 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 in any department or office thereof....
(See power discussed, notes 71, 128.) Does not mean abso
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lutely necessary, n. 138. This enlarges, does not limit, n. 138. Necessary discussed, n. 138. Calhoun's definition, n. 228. Compared with other subjects, notes 262, 264, 269; with "appropriate" in the thirteenth amendment, n. 274, p. 276. (See note 46.)
GOVERNMENT. Congress shall make no law abridging the right of the people peaceably to assemble and to petition the gov- ernment for a redress of grievances. Amenaments.
The people used in the broadest sense, n. 248. The right of petition and the extent, to the government, n. 248.
GOVERNMENT. Republican form of, guaranteed. The United States shall guarantee to every State in the Union a republican form of government..
The duty is on the governinent; Congress to decide what is the State government, n. 233. Guarantee and every State defined, n. 233, pp. 242, 286. Republican form of, defined and discussed, n. 248, p. 243. No legal State governments exist in the ten rebel States, n. 276, p. 282, preamble. Held subject to the wiil of the military commanders and of Congress, n. 284, p. 286, § 1. Power of the military commanders to remove the officers of the so-called, n. 274, pp. 286, 287, § 2. To remove all who are disloyal to the government of the United States or oppose reconstruction, Id. § 4.
GOVERNMENT. Seat of government established
Ceded by Maryland and Virginia, n. 187. GRAIN. A weight of the metric system, n. 102, p. 118, § 2. GRAND jury. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, &c. Amendments
Slaves were not persons within the meaning of this clause, n. 253. Capital, &c., crime defined, n. 253. Presentiment and indictment defined, Id. Grand jury not less than twelve nor more than twenty-three, n. 253. Regulated by statute, Id.
GRANT. No State shall grant any title of nobility. GRANT. The President shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.....
Reprieves and pardons defined and discussed, n. 177. Το grant a reprieve is to withdraw a sentence of death for a time, n. 177.
GRANT, ULYSSES S. General of the United States army, n. 124. GRANTED powers. All legislative powers granted shall be vested
in a Congress of the United States.. Legislative power defined, n. 14. Congress defined and discussed, n. 15. The wisdom of this division of power. n. 15.
GRANTING Commissions. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session
This subject discussed and compared with the Civil Rights Bill, n. 185. How the vacancies may occur, Id. How long these commissions last, n. 186. Limitation of the power, n. 184, p. 180, § 3.
GRANTS of States. The judicial power shall extend to cases between citizens of the same State claiming lands under grants of different States..
GRIER, ROBERT C. Associate Justice of the Supreme Court, n. 197. GRIEVANCES. Congress shall make no law abridging the right of the people peaceably to assemble and to petition the gov- ernment for a redress of grievances. Amendments....... Must be determined by the power of the government to afford the redress, n. 248.
GROW, GALUSHA A. Speaker of the House, n. 26, p. 73.
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GUARANTY. The United States shall guaranty to every State in this Union a republican form of government..... Guaranty defined, n. 233. (See Government.) Every State extends also to inchoate States, n. 233.
GWINNETT, BUTTON, of Georgia. Signed the Dec. of Ind. p. 7.
HABEAS CORPUS. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it...
Privilege defined, n. 140. When the President may sus- pend it, or disobey the writ, notes 140, 162. Habeus corpus defined, n. 141. Congress alone may suspend the writ, n. 141. Denied, n. 140. When it may be issued by the federal courts, n. 141, p. 141. When the State courts can- not release under it, n. 141, p. 142. Not when committed by the federal government, n. 141, p. 143. The act of 1863, suspending the writ, Id. His proclamation suspending the writ, Id. The courts judicially noticed the end of the re- bellion, n. 141, p. 144. The writ in favor of the assassins disobeyed, Id. The writ the remedy for false imprison- ment, Id. When for contempts, Id. The laws of Pennsyl- vania about, n. 141, p. 145. The demarcations between the federal and State governments defined, n. 141, pp. 148, 149. The distinction between process and imprisonment, Id. The rights of the citizen to claim the benefit of the writ of habeas corpus is an immunity, n. 221, p. 226.
HALL, LYMAN, of Georgia. Signed Dec. of Ind. p. 8. HAMILTON, ALEXANDEB, of N. Y. Signed the Constitution, p. 42. HAMLIN, HANNIBAL. Vice-President of United States, n. 87. HANCOCK, JOHN, of Massachusetts. Signed Dec. of Ind. p. 7.
and Articles of Confederation, p. 21.
HANSON, JOHN, of Maryland. Signed Articles of Confederation, HAPPEN. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies....
The governors may act without waiting for the house or waiting for a resignation of the vacancy really exist, n. 45. HAPPEN. When vacancies happen, by resignation or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments, &c..... The vacancy, how it happens, n. 32. The executive cannot appoint before the vacancy actually happens, n. 33.
HAPPEN. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, &c...... Vacancies, happen, &c., defined and discussed, n. 185. The power limited by the tenure of office bill, n. 184, p. 180, § 3.
HARNETT, CORNS., of N. C. Signed Articles of Confederation, p. 21. HARRISON, THOMAS, of Virginia. Signed Dec. of Ind. p. 7. HARRISON, WILLIAM H. President, n. 166, p. 163.
HART, JOHN, of New Jersey. Signed Dec. of Ind. p. 7; and Arti
cles of Confederation, p. 21.
HARVIE, JOHN, of Virginia. Signed Articles of Confederation, p. 21 HEADS of Departments. 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..
What are these cabinet departments, n. 176. The practice as to the opinions, Id.
HEADS of Departments. The Congress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments.
Who are such inferior officers, n. 183.
HEWES, JOSEPH, of North Carolina. Signed Dec. of Ind. p. 8. HEYWARD, Jr., THOMAS, of South Carolina. Signed Dec. of Ind.
p. 8; and Articles of Confederation, p. 21.
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HIGH crimes and misdemeanors. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.....
Confined strictly to civil officers, n. 191. Senators are not civil officers, Id. Treason and bribery defined, Id. High crimes defined, n. 193. Misdemeanors defined and distinguished, n. 194. The whole question and prece- dents considered, n. 194.
HOLTON, SAMUEL, of Mass. Signed Articles of Confederation, p. 21. HONOR. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States...
Judgment defined, n. 40. Whether it shall be less, Id. Punishment touches neither person nor property, n. 40. (See notes 39, 191, 192, 193. 194.) The President cannot release the judgment by pardon. Art. II. Sec. 2, Cl. 1, n. 177.
HOOPER, WILLIAM, of North Carolina. Signed Dec. of Ind. p. 8. HOPKINS, STEPHEN, of Rhode Island. Signed Dec. of Ind. p. 8. HOPKINSON, FRANCIS, of New Jersey. Signed Dec. of Ind. p. 7. HOSMER, TITUS, of Conn. Signed Articles of Confederation, p. 21. HOUSE. NO soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendments. His house is his castle, n. 25. The occupant is the owner for this purpose, Id. Soldier and quarter defined, Id.
HOUSE of Representatives. Congress shall consist of a Senate and House of Representatives...
Only one house under the Articles of Confederation, Art. V. p. 10. (See Congress.) Congress defined, n. 15. Wisdom of the division, n. 15.
HOUSE of Representatives. Members of the House of Represen- tatives chosen every second year by the people..
House defined, n. 16. The people defined, n. 16. Com- pared with electors, citizens, &c. notes 16, 17, 18, 21, 93, 220, 274. Interpolations by the Confederate Constitution, n. 16, p. 59. (See Citizens, notes 220, 274.) How chosen under the articles of Confederation, Art. V. p. 10.
HOUSE of Representatives, members of the. (See Representa- HOUSE of Representatives. Qualifications of electors of members of the House of Representatives, the same as for electors of the most numerous branch of the State legislature
Qualifications defined, n. 16, pp. 59, 60. The qualifica- tions in each State, alphabetically arranged, n. 17, pp. 60-64. No uniformity of qualifications but in sex and age, n. 17, p. 65. Citizenship does not give, nor the want of it take away, the right to vote, n. 18.
HOUSE of Representatives shall choose their Speaker and other officers.
Speaker defined, his eligibility to the Presidency, n. 26. List of Speakers, n. 26, p. 73.
HOUSE of Representatives shall have sole power of impeachment.. We must look to the common law for the definition of impeachment, n. 27. Impeachment defined and discussed, notes 27, 39, 191, 192, 193.
HOUSE. Each, shall be the judge of the elections, returns, and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as that house may provide
Elections defined, n. 44. The returns prima facie evidence, n. 45. Qualifications defined and discussed, and the issues between the President and Congress stated, n. 46, pp. 84, 85, 86.
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