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INDEX OF SUBJECTS.

AMENDMENTS, 340-342.-Need of the
Power, 340; Steps in Making an
Amendment, 341; Limitations of the
Power of Amendment, 341; Form of
Amendments, 342.

AMENDMENTS I.-X., 352-356.

AMENDMENT XI. See "Judicial Power,

The Extent of."

AMENDMENT XII. See "President and
Vice-President, Election of."
AMENDMENTS, XIII.-XV.,-See "Slav-
ery."

AMERICA INDEPENDENT,52-63.-Growth

of the Colonies, 52; Population, 53;
Wealth and Commerce, 53; Indepen-
dence Declared, 53; Cause and Occa-
sion of the War, 54; Idea of Nation-
ality, 54; England in 1603, 55; The
English Revolution of 1642, 55; Politi-
cal Character of the Colonists, 55;
The Growth of Free Sentiments, 56;
The English Revolution of 1688, 56;
Later Course of Events in England,
56; The Way Prepared for Separa-
tion, 57; American Theory of Colo-
nial Dependence, 57; British Theory,
58; Colonial System, 59; Navigation
Acts, 59; Moral Interests of the Colo-
nies Disregarded, 60; Compromise
Theory, 60; Close of the French and
Indian War, 61; British Theory put
into Execution, 61; No Taxation
Without Representation, 62;
Burke on Causes of American Dis-
content, 62; English and American
Liberty, 63.

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26; London and Plymouth Compa-
nies, 26; Colonies Planted by Com-
panies, 27; Colonies Planted by Pro-
prietors, 27; Voluntary Colonies, 28;
Agency of the Home Government,
28; Classes of Colonists, 29; Ideas of
English Colonists, 29; Rights of
Englishmen, 30; Virginia, 31; Mary-
land, 31; The Carolinas, 31; Georgia,
32; Plymouth Company, 32; Plym-
outh, 32; Plymouth Compact, 32;
Massachusetts, 33; Connecticut, 33;
Rhode Island, 33; New Hampshire,
34; New York, 34; New Jersey, 34;
Pennsylvania, 35; Delaware, 35.
COLONIES, THE, HOW GOVERNED, 36-
51.-Three Classes, 36; Common Poli-
tical Features, 37; Puritan Ideas, 38;.
First New England Towns, 38; Influ-
ence of Physical Conditions, 38; Edu-
cation and Schools, 39; Old New
England Town, 39; Influence of the
System, 39; Early Virginia Life, 40;
Virginia Parish, 41; Virginia County,
41; Taxation, 41; Southern States
42; Influence of the System,
Middle Colonies, 42; Local Govern-
ment in New York, 43; in Pennsyl-
vania, 43; Framework of the Central
Governments, 43; Powers of the Cen-
tral Governments, 44; Civil and Re-
ligious Rights, 44; Political Rights,
45; the Elective Franchise, 45; the
Saxon Township, 46; the Hundred,
47; the Shire or County, 48; the
Kingdom of England, 48; the Eng-
lish System Free, 49; Likeness of
the Colonies to England, 49; New
Modes of Government Rejected, 50;
Dual System, 50; the Governments
Growths, 50; English Colonies Com-
pared with New Spain and New
France, 50.

CONFEDERATION, THE, 77-86.- Source
of its Powers, 77; Name and Nature
of New Governments; Confederate
Congress, 78; Powers of Confedera-
tion, 79; Commands to the States,
79;
Continental and Confederate

Governments, 80; Organization, 80;
Executive Departments, 80; Defects
of the Goverment, 81; the Question
of 1786, 81; Weakness in the War,
82; State of the Government, 82;
Dissolution of Congress Threatened,
83; State of the Country, 83; Causes
of Situation, 84; Attempts to
Strengthen Government, 84; Causes
of Failures, 84; Loss of Favorable
Opportunity, 85; Future Political
Parties in Embryo, 85.

CONGRESS, THE CONTINENTAL, 73-76.-
Source of its Powers, 73; No Written
Constitution, 73; Constitution of Con-
gress, 74; Powers Exercised, 74;
Articles of Confederation, 75.
CONGRESS, THE GENERAL POWERS OF,
194-237.-Necessity of Power of Tax-
ation, 194; Kinds of Taxes, 195; Direct
Taxes, 195; Duties, Imposts, and Ex-
cises, 196; Internal Revenue, 197;
Income Taxes, 197; Question of Con-
struction, 198; Extent of National
Authority in Relation to Loans, Coins,
and Currency, 199; Power to Borrow
Money, 199; National Bonds, 199;
Treasury Notes, 199; Legal Tender
Act, 200; Constitutionality of Act,
200; Are Treasury Notes Real
Money? 201; Taxability of Na-
tional Bonds, Notes, etc., 201; Re-
sumption of Specie Payments, 202;
Coinage in the Articles of Confedera-
tion, 202; Establishment of a Mone-
tary System, 203; Regulating Value of
Money, 203; Fineness and Weight
of Coins, 203; Change of Ratio, 204;
Demonetization of Silver, 204; Silver
Act of 1878, 205; Silver Act of 1890,
205; Repealing Act of 1893, 205; the
Mints, 206; Gold and Silver Certifi-
cates, 206; Banks of the United
States, 207; State Banks, 207; First
Fiscal Agents of the Government,
208; the Independent Treasury, 209;
Creation of the National Banking
System, 209; Features of

Na-

tional Banks, 209; Power to Regulate
Commerce, 211; Embargo and Non-
importation Acts, 212; Inter-State
Commerce Commission, 212; Anti-
Trust Act, 213; Original Package
Decision, 213; Navigation and Ton-
nage, 214; Police Power of the States,

214;
Naturalization Defined, 215;
State Control, 215; Naturalization
Laws, 216; Process of Naturalization,
216; States May Confer Political
Rights, 217; Bankruptcies, 217; Uni-
formity of Weights aud Measures,
218; Counterfeiting, Need of Power
to Punish, 219; Counterfeiting De-
fined, 220; Punishment of, 220;
General Post Office, 221; Kinds of,
221; Miscellaneous Provisions, 221;
Clause Regulating Copyrights and
Patent Rights, 222; Reasons for the
Clause, 222; Law of Copyright, 222;
Steps to be Taken, 223; International,
223; Patent Rights, 224; Piracies and
Felonies, 225; Power to Declare
War, 226; Use of Power, 226; Letters
of Marque and Reprisal, 226; Clauses
Regulating Army and Navy, 227;
the Two Years' Provision, 227; Army
and Navy, 228; Rules and Regula-
tions, 228; Laws Concerning Militia,
229; Militia Called Into Service, 230;
District of Columbia, 230; Power to
Establish a Capital, 230; District of
Columbia Ceded, 231; Government of
District, 231; Forts, Magazines, etc.,
232; Doctrine of Implied Powers, 232;
the Theory Carried Into Practice,
233; Two Schools of Construction,
233; Limitations of the Two Schools,
233; Questions Involving Construc-
tion, 234; Movement of Political
Thought, 235.
CONGRESSMEN, ELECTIONS OF, 164-169.
-State Control, 164; Limit of State
Control, 164; National Legislation,
165; Districting the States, 166; Rep-
resentatives at Large, 167; Election
of Senators, 167; Number of Sessions,
168.

CONSTITUTION, THE, FRAMED, 100-105.
-First Compromise, 100; Effects of
Compromise, 101; Second Compro-
mise, 101; Third Compromise, 101;
Stages of Progress, 102; Signing and
Adjournment, 103; Three Compro-
mises, 103; Second Convention Pro-
posed, 103; Spirit of Convention, 104;
Records and Reports, 104.
CONSTITUTION, THE, RATIFICATION OF,
106-113.-Constitution sent to Con-
gress, 106; Action of Congress, 106;
Reception of Constitution, 107;

Friends of Constitution, 108; Its Ene-
mies, 108; Arguments against Consti-
tution, 108; No Bill of Rights, 109;
State Conventions Called, 109; Condi-
tional Ratification Proposed, 110;
First Ratifications, 110; Massachu-
setts Plan, 110; Remaining Ratifica-
tions, 110; Washington and Ratifica-
tion, III; Patrick Henry, 111; Fore-
shadowings of Political Parties, 112;
Course of History reviewed, 112.
CONSTITUTION, THE, GOES INTO OPER-
ATION, 114-116.-Second Resolution
of the Convention, 114; Action of
Congress, 115; Appointment of Presi-
dential Electors, 115; First Meeting
of New Congress, 115; Washington
Inaugurated, 116.

CONSTITUTION, THE, NATURE OF, 125-
130.-View of National Party, 126;
View of State Party, 126; The Pream-
ble, 127; Elements of Preamble, 127;
Source of Constitution, 128; Influence
of Words and Theories, 129; Consti-
tutions a Growth, 130.
CONSTITUTION, THE, SOURCES OF, 131-
136.-Fiat Theory of, 131; Organic
Theory of, 132; Relations of two Con-
stitutions, 132; Powers of Govern-
ment, 133; Departments of Govern-
ment, 133; Relations of the Three De-
partments, 134; Influence of State
Constitutions, 134.
CONSTITUTION, THE, AN OUTLINE OF,
137-143.-Parts of the Constitution,
137; Article I., 10 Sections, 137; Ar-
ticle II., 4 Sections, 139; Article III.,
3 Sections, 139; Article IV., 4 Sections,
140; Article V., 140; Article VI., 140;
Article VII., 141; Amendments I.-X.,
141; Amendment XI.,141; Amendment
XII., 141; Amendment XIII., 2 Sec-
tions, 141; Amendment XIV., 5 Sec-
tions, 142; Amendment XV., 2 Sec-
tions, 142; Objects of Review, 142.
CONSTITUTIONS, THE STATE, 372-377.-
The first Constitutions, 372; the Later
Constitutions, 373: Amendments, 374;
Constitutional Conventions, 374; Lim-
itations of the State Governments,
374; Scope of the Present Inquiry,
375; Three Departments, 375; As-
sumptions of the Constitution, 375;
Bills of Rights, 376; Fluctuations of
State Constitutional Law, 376.

CONVENTION, The Federal, Called,
87-90.-Conference at Alexandria, 87;
Virginia Resolution, 88; Convention
at Annapolis, 88; Action of Congress;
89; Action of the States, 90.
CONVENTION, THE, WORK BEFORE, 91-
99.-Meeting and Organization, 91;
Groups of Questions, 91; Relations of
Questions, 92; Nature of Government,
92; National Party, 93; State Party,93;
The Fundamental Question, 93; Rep-
resentation of Property, 94; Supplies
for Treasury, 94; Framework of Gov-
ernment, 95; Powers of Government,
95; Control of Commerce, 95; Slavery
in the Convention, 96; Conflicts of In-
terests, 96; Virginia Plan, 96; Jersey
Plan, 97; Reaffirmation of Virginia
Pian, 97; Character of the Conven-
tion, 98; Words Strong" and
"Weak," 98; Composition of Large-
State Party, 98; Slavery in Colonies,

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99.
COURTS, THE SEVERAL, JURISDICTION
OF, 301-305.-Kinds of jurisdiction, 301;
Original Jurisdiction of the Supreme
Court, 301; Appellate Jurisdiction, 302;
Circuit Courts, 303; Circuit Courts of
Appeals, 303; District Courts, 304;
Court of Claims, 304; Courts of the
Federal District and the Territories,
304; Concurrent Jurisdiction of State
and National Courts, 305.
DEPARTMENTS, THE EXECUTIVE, 284-
291.-Creation of such Departments
Assumed, 284; Department of State,
284; Department of the Treasury,
285; Bureaus in the Treasury Depart-
ment, 285; Department of War, 286;
Department of Justice, 286; Post
Office Department, 287; Department
of the Navy, 287; Department of the
Interior, 288; Department of Agri-
culture, 288; The Cabinet, 289; Exe-
cutive Responsibility, 289; Articles I.
and II., 290.

EDUCATION, STATE, 409-417.-No Na-
tional School System, 409; The State
Systems, 409; Common Schools, 409;
High Schools, 410; Normal Schools,
410; State Universities, 410; Agricultur-
al and Mechanical Colleges, 411; Em-
ployment of the State Machinery, 411;
State Boards of Education, 411; State
Educational Executive, 412; County

Boards, 412; County Supervision, 413 ;
Town and District Administration,
413; City Administration, 413; Certifi-
cating Teachers, 414; Public-land En-
dowments of Common Schools, 414;
The Educational Grant of Lands, 415;
Funds Provided by the State, 416;
School Income, 416; Local Taxes, 416;
Miscellaneous, 416; Modes of Distrib-
uting Funds, 416; Free Schools, 417.
ELECTORAL PLAN, THE, FAILURE OF,
260-264.-Party Government, 261;
Nomination by Consent, 261; Nom-
ination by Congressional Caucus, 262;
Nomination by State Legislatures,
262; Nomination by National Conven-
tions, 262; The Caucus System, 262;
Effect of the Caucus System, 263;
Steps in Election of President and
Vice-President, 263; Irregularities in
Elections, 264.

ELECTIONS, See "Suffrage."
EXECUTIVES, THE STATE, 384-387.-
Vesting the Executive Power, 384;
Elections, Terms, and Salaries, 384;
Duties of the Governor, 384; Execu-
tive Departments, 385; Governor's
Relations to Heads of Departments,
386; Lieutenant-Governor, 386.
EXECUTIVE POWER, THE, VESTING OF,
248-250.-Need of a National Execu-
tive, 248; An Independent Executive
248; A Single Executive, 249; Style
and Title of Executive, 249; Length
of Term and Re-eligibility, 250.
GOVERNMENT, THE AMERICAN, NA-
TURE OF, 418-422.-The United States
a Federal Republic, 418; Features of
Federal States, 418; Origin of Fed-
eral States, 418; Advantages of Fed-
eral States, 419; Disadvantages, 419;
Dual Constitution of the United
States, 419; Relations of two Systems,
420; Relative Prominence of the two
Jurisdictions, 420; Nature of the Na-
tional Government, 421; Complexity
of the System, 421.

GOVERNMENTS, THE NATIONAL AND
STATE, 117-124.-Priority of the States,
118; First Division of Powers, 119;
Second Division of Powers, 119; In-
herent and Delegated Powers, 120;
the Constitution a Grant of Powers,
120; Phraseology of National and

State Constitutions, 120; Implied
Powers, 121; Powers Delegated, Pro-
hibited, Reserved, 121; Concurrent
Powers, 122; Constitutional Pre-
sumptions, 123; Method of Study,

123.

HOUSES, THE SEPARATE, POWERS OF,
176-181. The Houses, Judges, etc.,
176; Contests in House of Representa-
tives, 176; Quorums, 177; Counting a
Quorum, 177; Power to Compel At-
tendance, 177; A Call of the House,
178; Power to Make Rules, etc., 178;
Punishment and Expulsion, 179;
Modes of Voting, 179; Dilatory Mo-
tions, 180; Adjournment, 180; Power
to Punish for Contempt, 180.
GOVERNMENT, LOCAL, 397–408. — The

the

Town System, 398; Continuity of
New England Life, 398; the New
England Town, 398; Town Meeting,
398; Town Officers, 399; the County,
399; the County System, 399; Ex-
tent of, 399; the County, 400;
Township, 401; the Mixed System,
401; Two Types, 401; the County,
402; the Township, 402; Blending
of Elements in the West, 403; Penn-
sylvania Type in the West, 403; New
York Type in the West, 404; Changes
of Type, 404; Relative Merits of the
Several Systems, 404; Municipal Gov-
ernment, Need of, 405; City and
State, 405; the City Constitution, 406;
the City Legislature, 406; the City
Executive, 406; City Departments,
406; City Judiciary, 407; Municipal
Reform, 407; France and the United
States, 407; Local Government and
Centralization, 408.

THE

HOUSE OF REPRESENTATIVES,
COMPOSITION AND ORGANIZATION OF,
147-154. Representative's Term, 147;
Representatives Elected by the Peo-
ple, 147; Original Qualifications of
Representatives, 148; Apportionment
in Federal Convention, 149; Ratios
and apportionments, 150; Each State
to have One, 150; Representation
and Suffrage, 151; Vacancies, 151;
the Speaker, etc., 151; Amendment
XIV., 152; Origin of Three-fifths Rule,
152; Effects of the Rule, 153; Amend-
ments XIII., XIV., 153; the Census,
153; Indians Not Taxed, 153.

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IMPEACHMENTS, 170-175.—An Impeach-
ment Defined, 170; Steps to be Taken,
170; Trial Court, 171; Mode of Trial,
172; Judgment, 172; Limitation of
the Power, 173; Grounds of Impeach-
ment, 173; Two-thirds Vote, 174; Im-
peachment Cases, 174; the Blount
and Belknap Cases, 175.
JUDICIAL POWER, THE, VESTING OF,
292-295.-Period of the Confeder-
ation, 292; Judiciary Act of 1789, 293;
Provisions of the Judiciary Act, 293;
Present Organization of Original
Courts, 293; the Circuits, etc., 294;
Judges' Tenure of Office, 295; Com-
pensation of the Judges, 295.
JUDICIAL POWER, THE, EXTENT OF,
297-300.-Cases, 297; Law and Equity,
297; the Constitution, Laws, and
Treaties, 298; Classes of Cases, 298;
Chisholm v. Georgia, 299; Amend-
ment XI., 300.
JUDICIARY, THE. See "Law, Constitu-
tional."

JURY, TRIAL BY, 306-311.-Place of
Trial,307; Right to a Speedy Trial,308;
the Grand Jury, 308; Presentment and
Indictment, 308; Jeopardy of Life or
Limb, 309; No Man Compelled to be
a Witness Against Himself, 309; Tak-
ing Private Property for Public Use,
309; the Common Law, 309; Due
Process of Law, 310; Amendment
VIII., 310; Limitations of Foregoing
Provisions, 310.

JUDICIARIES, THE STATE, 388-391.-
Vesting the Judicial Power, 388; The
Justice's Court, 388; County Court,
388; Probate Court, 389; Superior
Court, 389; Supreme Court, 389;
Court of Appeals, 389; Appointment
of Judges, 390; Tenure of Judges, 390;
Officers of Courts, 390; Jurisdiction
390; Trial by Jury, 391.
LAW, CONSTITUTIONAL, 3:8-322.- The
Government, Constitu-
tional, 318; Constitutional Decisions,
319; Meaning of Unconstitutional,
319; Exercise of the Power, 319;
Case Must Arise, 320; Political Power
of the Judiciary, 320; the Courts and
Development of the Constitution,
321; the National Judiciary, 321.
LAWS, ENACTING OF, 187-193-Contro-
versy over Clause in Relation to Rev-

American

enue Bills, 187; Origination of Money
Bills, 188; Reason of the Rule in the
United States, 189; Reason for the
Veto Power, 189; Effects of a Refusal
to Sign, 190; the Veto in Convention,
190; Bills, Orders, and Resolutions,
191; Presidential Vetoes, 191; Limita-
tions of the Veto, 192; the Commit-
tee System, 192.

LEGISLATIVE POWER, the Vesting of,
144-146.-Congress Bicameral, 144;
Names of the Legislature and the
Houses, 144; True Theory of Repre-
sentation, 145; Right of Instruction,
145.

LEGISLATURES, THE STATE, 378-383.-
Names, 378; Names of Two Houses,
378; Terms of Senators and Repre-
sentatives, 378; Pay of Senators and
Representatives, 379; Number of
Members, 379; Apportionment, 379;
Representative Population, 380; Dis
tricting the States, 380; Legislativ
Sessions, 381; Length of Sessions
381; Powers of Separate Houses, 38,
Legislative Powers, 381; Legislativs
Powers Reserved, 382; Modes of Leg.
islation, 382; Enacting Laws, 383.
OFFICE, ELIGIBILITY TO. See "Suf
frage."

POLITICS, THE SCIENCE OF, 9-24.—Mar
a Social Being, 9; Society Defined.
10; Rights and Duties, 10; Social
Progress, 10; Office of Governmen.
11; Government Coercive, 11; Poli
tics Defined, 11; the State, 12; the
Nation, 12; the State and the Gov
ernment, 13; Sovereignty, 14; Histor
ical Theory of State, 14; Patriarchal
Societies, 15; Theory of Contract, 15'
Refutation of Theory of Contract, 16;
Theological Theory of State, 16; Aris-
totle's Division of Government, 17;
Monarchy, 17; Democracy, 17; Aris-
tocracy, 17; Mixed Governments, 17;
Immediate and Representative Gov-
ernments, 18; Representative Gov-
ernment, 18; the Republic, 18; Cen-
tralized and Dual Governments, 19;
Forms of Dual Governments, 19: Fed-
eral Government, 19; Advantages of
Centralized and Dual Governments,
20; Civil Government, 20; Civil and
Political Rights, 20; Civil and Politi
cal Liberty, 21; Kinds of Constitu-

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