Slavery (cont.)

Representation,

12; Abolition

party strong in South, 13; dying
at time of Convention, 13; re-
vived by cotton gin and spinning
machinery, 13; Northwest Terri-
tory ceded by Virginia to be free
from, 13; importation of slaves
not to be prohibited before
1808, 82; fugitive from service
to be surrendered, 161; Lord
Mansfield's dictum on, 161; fugi-
tive laws of 1793 and 1850, 162;
not affected by amendments prior
to 1808, 174; right to petition for
abolition of, contested in Van
Buren's term, 205; abolished by
Thirteenth Amendment 1865, 232;
not mentioned until Thirteenth
Amendment, 232; previously abol-
ished in Territories by Congress,
233; examples of void legislation
by Congress and by States, 233,
234; Federal Court on effect of
Amendment, 233; slave held not
to be citizen in Dred Scott Case,
237.

South and Central America, Bryce
says our Constitution adopted by,
ix.

Speech, Freedom of, Congress forbid-
den to abridge, 198; not abridged
by prohibition of addresses in
public parks, 201. See also
PRESS, FREEDOM OF.

Stanton, Edwin M., removed as
Secretary of War by Johnson, 16;
appointed to Supreme Court but
died before assuming office, 152.
State Comity and Rights, States
sovereign in non-National affairs,
xii; formerly State, not citizen, in
contact with Nation, 3; reserved
right to appoint militia officers, 77;
ports of one State not to be pre-
ferred over those of other States,
88; no duty on shipping to be
imposed by States, 96; each State

gives full faith to acts and records
of others, 156; but not against
its public policy, 157; citizens of
each State entitled to all privi-
leges in other States, 157; division
of State prohibited, 164, 165;
amendment cannot deprive of
equal suffrage in Senate without
consent, 174; States or people
reserve powers not delegated to
Nation, 225-227; Jefferson's fear
of National domination over
States, 226; not suable in court
under Eleventh Amendment, 228.
See also STATES.

State Judges. See JUDGES, State.
States, influence of, on National
opinion, xii; Calhoun on rights
and powers of, 3; Lincoln on
place of, in Union, 3; Webster
on supremacy of National power,
3; may prescribe time of elec-
tions for Senate and House, 22;
Harding says tendency of, to evade
duty, 46; aided in World War by
legislation, 75; ports of one not
to be preferred over those of other,
88; powers denied to the, 90,
91, 96; controversies between,
tried by Supreme Court, 140,
141; cannot prevent removal of
proper case to National court,
142, 143; Articles of Confeder-
ation provided for admission of
Canada, 162; admission of, pro-
vided for, 162; Nation to protect
from invasion, 166; cannot be
formed from other State without
consent of latter, 164; apply to
Nation for protection, 166, 169; re-
publican form of government guar-
anteed to, 166-168; Nation to pro-
tect, from domestic violence, 168;
legislatures of, have not yet pro-
posed amendment, 170; have never
ratified amendments by conven-
tion, 170; cannot withdraw rati-
fication of amendment, 171; not

to be deprived of equal suffrage
in Senate, 175; bound by treaty
as supreme law, 176; bound to
submit to courts, 179; officers take
oath to support National Con-
stitution, 181; may restrict bear-
ing of arms, 206; reserved powers
except when granted, 226; Su-
preme Court on reserved powers
of, 226; not suable under Eleventh
Amendment, 228; may not abridge
privileges and immunities of
citizens of United States, 238;
cannot disfavor alien labor, 243;
representation of, in House may
be reduced, 247. See also STATE
COMITY AND RIGHTS.

Story, Joseph, applied and developed
the copyright and patent laws, 66;
comment on dependent judges,
134.

Suffrage, equal, of States in Senate

protected, 174; not granted to
women by Fourteenth Amend-
ment, 238; Fifteenth Amendment
removed "white" from State
constitutions, 250; secured to
negro by Fifteenth Amendment,
250; "Grandfather's clauses" held
violative of Fifteenth Amendment,
251; granted to women by Nine-
teenth Amendment, 256; his-
tory of woman, 256, 257; vote of
ratification of Nineteenth Amend-
ment, 258. See also ELECTIONS;
WOMEN.

Supreme Court, of the United States,
insular cases explained by, 71;
judges of, appointed by President
and confirmed by Senate, 120;
no jurisdiction to enjoin President
from executing laws, 128; judges
subject to impeachment, 129;
Fiske on importance of such court,
131; First Congress provided for,
of six, 131; changes in number
of judges of, 131, 132; judicial
power of Nation vested in, and

in inferior courts, 131; practically
abolished for one year in Jefferson's
term, 132; term of judges of,
during good behavior, 133; salary
of judges cannot be diminished,
133; American plan of appoint-
ment to, in other countries, 134;
Colonial Declaration of Rights on
salaries for, 134; Declaration of
Independence on tenure of judicial
office, 134; income tax on salary
of judge of, invalid, 135; original
jurisdiction in cases affecting am-
bassadors, ministers, consuls and
other foreign officers, 144; has
appellate jurisdiction in all but
two classes of cases, 145; Aus-
tralian, follows our constitutional
doctrine, 145; Canadian, not
court of last resort, 145; on need
of constitutional limitations even
in time of war, 146; Civil War de-
cisions of, were for Union, 154,
237; decisions of, upholding Es-
pionage Act of 1917, 201; de-
cisions on search and seizure, 208,
209; on accused being witness
against self, 209; on need of
Fourteenth Amendment, 235; held
State citizenship not changed by
Fourteenth Amendment, 236, 238;
Dred Scott decision, 237.
Supreme Law of the Land, cannot be
transcended even in time of war,
86; Woodrow Wilson on, 126;
and Australian constitution, 136;
change made by Nineteenth
Amendment in State laws, 149;
what constitutes the, 176; amend-
ments and decisions illustrating
the, 177; Cooley on legislator's
duty to observe, 177; Monroe
on need of, against States, 177:
treaty supersedes State authorit
178; judges in every State bou
by, 179; laws to contrary of
effect, 179; Taney's stateme
as to state pride and, 179; Dice

Supreme Law of the Land (cont.)
praise of system, 180; doctrine
applied in case of Lee estate, 216;
examples of operation of, 216;
changes made by Fourteenth
Amendment in State constitutions
limiting citizenship, 236; change
made by Fifteenth Amendment
in State constitutions limiting
voting, 250.

TAFT, WILLIAM HOWARD, his ap-

pointment of Knox as Secretary
of State validated by Congress, 33.
Taney, Roger B., held that Lincoln

was powerless to suspend habeas
corpus, 83; protested levy of
income tax on judges' salaries,
135; stated that State pride not
offended by National law suprem-
acy, 179; said States bound them-
selves by Constitution to trial
in courts, 182.

Tax, direct, apportioned among
States on population, 11, 12, 87;
applied to lands and slaves, II;
confusion as to term "direct", II;
no, without consent essential to
freedom, 34; Colonial Declaration
of Rights 1765 and 1774 on, 35;
English history on raising revenue,
36; Congress has power to lay
and collect, 43; power to lay, one
of chief reasons for adoption of
Constitution, 43; Stamp Act
preceded by oppressive laws, 44;
for debts, common defence and
general welfare only, 45; must be
uniform throughout country, 46;
authorized on importation of
slaves, 82; Hamilton favored
capitation, 87; on exports for-
bidden, 87, 88; on ships not to
be laid by States, 96; on commerce
not to be laid by States, 96. See
also INCOME TAX.

Tenure of Office Act, 1867, passed

over Johnson's veto, 16; violation

of long-standing practice, 16;
Grant and Hayes requested repeal
of, 16; Cleveland refused to obey,
16, 120; repealed in Cleveland's
term, 17, 121.

Thirteenth Amendment, examples
of violation of, 233, 234; found
to be inadequate, 235. See also
SLAVERY.

Tilden, Samuel J., controversy in
1876-1877 over vote for, 230.
Titles of Nobility, not to be granted
by United States, 89; amendment
fixing penalty for, failed of adop-
tion, 90; questions that have
arisen regarding, 90; under Colo-
nial charters, 90; State shall not
grant, 96; granted in Canada, 96.
Transportation Act of 1920, 52.
Treason, President and other officers
may be impeached for, 129;
cruel punishment for, in Black-
stone's time, 149; Hallam men-
tions cruel punishment for, 149;
defined in Constitution and cannot

be extended, 149; Parliament
has always defined, 149; what
was formerly, in England with
death penalty, 149; trial of Burr
for, 149; President Wilson's proc-
lamation on, 150; Congress has
power to prescribe penalty for,
151; conviction requires con-
fession or evidence of two wit-
nesses, 151; English Treason-
Felony Act of 1848, 151; may be
committed under State consti-
tution or law, 151; Raleigh
convicted on written testimony
and executed for, 151, 219; Con-
gress prescribes punishment for,
but no attainder beyond life of
culprit, 152; two witnesses re-
quired by law of Edward VI, 219;
written testimony once received
in England, 219; Jefferson Davis'
defence to charge of, 248.
Treaty, may accomplish naturaliza-

tion, 56; State shall not enter
into, 90; President makes, with
consent of Senate, 113; discussion
on, in Convention, 114; Hamilton
on governing principle of, 114;
under Articles of Confederation,
114; House of Representatives
may refuse appropriation to carry
out, 115; discussion of important,
115; may be abrogated by Con-
gress, 115; President has consulted
Senate before making, 116; Sena-
tors participating in making of, 117;
Hague Tribunal, history and pur-
pose of, 118; affecting our con-
stitutional system generally re-
jected, 118; no ground for com-
plaint by other country for re-
jection of, 118; the Treaty of
Versailles, 119; supreme law of
the land binding State, 178.
Trial, for all crimes must be by jury,
145; Colonial Declaration of
Rights 1774 and Declaration of
Independence complained of,
abroad, 147; must be in State
where crime was committed, 147;
attempts to take from State for,
148; two witnesses or confession
in, for treason, 149, 151; indict-
ment by grand jury necessary for,
except in war service, 210;
cused not to be put in jeopardy
twice, 211; accused not to be wit-
ness against self at, 212, 213;
accused must have speedy public,
216; by jury where crime com-
mitted, 216; definition of speedy,
217; imprisonment without charge
or, in England, 217; accused must
be informed of charge against him,
218; decision on invalid charge,
218; accused must be confronted
by witnesses, 219; the rule in
Rome, 219; written testimony in
England, 219; dying declarations
admissible at, 220; when record of
former, admissible, 220; accused

ac-

to have process for witnesses, and
counsel, 220. See also JURY.

UNION, the, leading opinion on,
2-4; secession of southern States
from, 3; Civil War necessary to
preservation of, 3; made in-
dissoluble by constitutions of
Australia and Brazil, 4; upheld
during Civil War by Supreme
Court, 154, 237.

United States, supreme in National
and foreign affairs, xii; dual form
of government of, contributes to
progress, xii; makes general use
of all its courts, 139, 140; not
suable except by own consent, 139;
guarantees republican form of
government to State, 166; must
protect State from invasion and
domestic violence, 166, 168, 169;
assumed debts of former govern-
ment, 176; powers of, limited to
Constitutional grant, 225, 226;
certain powers reserved to people
or States, 225, 226.

VAN BUREN, MARTIN, contest over
right to petition during his term,
205.
Veto, President has power of, 38;
Congress may repass by two-
thirds vote, 38; Colonial governors
had power of, 39; Jefferson's
views of extent of power of, 39;
governors and mayors in United
States have power of, 39; theories
regarding extent of power of, 39;
Hamilton's favorable opinion of,
40; history of Presidential use
of, 40-46; Washington's first use
of, 40; Declaration of Indepen-
dence on King's, 41; English
sovereign no longer has, 41; prac-
tice adopted in other countries,
41; orders and resolutions sub-
ject to, 42; resolution to amend
Constitution not subject to, 42.

Articles of Confederation, xiii,

WAR, Articles of Confederation gave
Congress power, 70; declared by
Congress under Constitution, 70;
history of clause in Convention, 70;
declaration which began World
War, 70; letters of marque and
reprisal issued by Congress, 71,
73; reasons for conferring power
to make, 71, 72; declaration of,
by United States against Germany,
72, 73; State shall not engage in,
unless invaded, 96.

Washington, City of, how choice of
site determined, 78; provision
made for seat of government, 78.
See also DISTRICT OF COLUMBIA.
Washington, George, on enlighten-

ment of public opinion, vii; recom-
mended revision of Articles of
Confederation, xiii; presided over
Constitutional Convention, xiv;
views of government, 2; laid
corner-stone of National Capitol,
78; consulted Senate in advance
on treaty, 116; oral messages to
Congress, 122; views on amend-
ments, 172; letter to Congress
with copy of new Constitution,
186; reference to compromises, 186.
Webster, Daniel, on Supreme Court

as expounder of National powers,
3; in Dartmouth College Case,
94; on disregard of fugitive slave
laws, 162.

Webster, Pelatiah, his plan of 1783
probably groundwork of those in
Convention, xi.

163; ceded to Union by Virginia
and others, 163; Madison on
jealousy respecting, 166; ceded
by North Carolina and Georgia
after adoption of Constitution,
166. See also PUBLIC LANDS.
West Virginia, how separated from
Virginia, 164.

Wilson, James, principle of Four-
teenth Amendment anticipated
by, in Convention, 4; first ex-
plained duties owing to Nation
and State, 4; favored direct elec-
tion of Senators by people, 18;
Justice of the Supreme Court, 19;
favored election of President by
direct vote of people, 102.
Wilson, Woodrow, on importance
of Chief Executive, 99; powers
conferred on, by Congress in
World War, IOI, III; dismissed
Austrian Ambassador, 125; on
duty of President to execute the
laws, 126; on supreme law of the
Nation, 126; proclamation on
treason, 150; on benefit of con-
troversy over ratification of Con-
stitution, 188.

Woman, forfeits citizenship by
marrying alien, 238; Fourteenth
Amendment did not grant suffrage
to, 238; hours of day's labor may
be limited for, 242; Nineteenth
Amendment granted suffrage to,
256; ratification of the Amend-
ment, 258.

World War, the, vast powers of
President during, IOI, III;
Liberty Bonds and, 5; raising
and equipment of army, 75; and
the Food Control Act, 111, 218;
Trading with the Enemy Act, III;
War Finance Corporation, III.