the States, and a majority of all the States shall be neces- sary 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 4th day of March next following, then the Vice-President shall act as President, us in the case of the death or other constitutional disability of the President. Amendments..
The old Constitution, n. 168. The contingency of four candidates and a tie vote met, n. 168, p. 166.
HOUSES. The right of the people to be secure in their houses against unreasonable searches and seizures, shall not be violated. Amendments
The people defined, n. 251. Searches and seizures, when unreasonable, n. 251. Warrants defined, n. 252.
HOUSES of Congress. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution..
What is the Congress, n. 275. All the amendments have been proposed to the legislatures, n. 236. The history of the first twelve, n. 244. Of the thirteenth, n. 274. Of the fourteenth, notes 275-285.
HOUSES of Congress. The President may, on extraordinary occa- sions, convene both houses of Congress, or either of them. The exercise of this power, n. 188.
HUNTINGTON, SAMUEL, of Connecticut. Signed Dec. of Ind. p. 7. Signed Articles of Confederation, p. 21.
HUTSON, RICHARD, of S. C. Signed Articles of Confederation, p. 21. HYDROMETERS to be procured, n. 102, p. 117.
Population during the dif- Assigned to the seventh Admitted into the Union,
ILLINOIS. Qualifications for suffrage in, n. 17, p. 60. Fourteen representatives in 1860, n. 24. ferent decades, n. 24, pp. 69. 70. judicial circuit, n. 197, p. 192. n. 230. Ratified the 13th amendment, n. 274; and the 14th, n. 275. IMMIGRANTS from Europe, with six years' residence, allowed to vote in South Carolina, n. 17, p. 64. And in Wisconsin, Id. IMMIGRATION. The proper term in, Art. I. Sec. 9, cl. 1, n. 139. IMMUNITIES. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. Citizens defined, and their classification. (See Citizens, notes 220, 274.) Privileges and immunities defined, n. 221. Immunities are rights of exemption only, n. 221. IMPEACHMENT. The House of Representatives shall have the sole power of impeachment..
We look to the common law for the definition of im- peachment, n. 27. Defined, notes 27, 191. Discussed as to what are high crimes and misdemeanors, n. 194. How tried, and trials where found, n. 39. Oath of senators on trial, n. 39, p. 82. Questions to senators, Id. Judgment in cases of, n. 40. History of, n. 194.
IMPEACHMENT. The Senate of the United States shall have the
sole power to try all impeachments For the doctrine and precedents, n. 39.
IMPEACHMENT. When sitting to try an impeachment, the Senate shall be on oath or affirmation..
The oath of the senators, and the question propounded to them, n. 39.
IMPEACHMENT. When the President is tried, the Chief-Justice shall preside...
History and failure of the effort to impeach President Johnson n. 194. Charges against, and law arguments, n. 194. IMPEACHMENT. No person shall be convicted without the con- currence of two-thirds of the members present
IMPEACHMENT. Judgment in cases of impeachment shall not extend further than removal from office, and disqualifica- tion to hold and enjoy any office of honor, trust, or profit, under the United States..
Judgment defined, n. 40. Whether it can be less than removal and disqualification, n. 40. It can be no more, Id. IMPEACHMENT. But the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and pun- ishment, according to law........... IMPEACHMENT. The President shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment..
The power to pardon is unlimited, with this exception, n. 176, p. 173.
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 misde-
None but civil officers, n. 191. Impeachment defined, notes 27, 191. For treason and bribery, n. 192. High crimes defined, n. 193. Misdemeanors defined and distin- guished from felony, n. 194. No case yet tried rests upon statutable misdemeanors, n. 194, p. 187. Charges against President Johnson. Argument of the minority that they are not crimes or misdemeanors, n. 194, p. 185. Chase's trial, notes 27, 194. Blount's trial, n. 194. The charges, Id. Peck and Humphries, n. 194, p. 188. "Good beha- vior" cannot apply to the President.
IMPEACHMENT. The trial of all crimes, except in cases of impeach-
ment, shall be by jury
Trial and crimes defined, n. 212.
IMPORTATION. No amendment made prior to 1808 shall affect the 1st and 4th clauses of the 9th section.
IMPORTATION of persons. (Slaves.) The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by Congress prior to the year eighteen hundred and eight, but a tax or duty may be imposed on such importation not exceeding ten dollars for each person...
Migration or importation defined and discussed. Migra- tion is voluntary; importation involuntary, n. 139. Im- migration the proper word, Id.
IMPOSTS. Congress shall have power to lay imposts......
IMPOSTS. All duties, imposts, and excises, shall be uniform throughout the United States
Imposts defined, notes 76, 144.
Taxes must be by the rules of uniformity or apportion- ment, notes 22, 81, 144, 145.
It here means that the same
duties shall be paid at all the ports.
IMPOSTS. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, &c. (See Duties.) Imposts defined, n. 162.
INABILITY. In case of the inability of the President to discharge the powers and duties of that office, the same shall de- volve on the Vice-President; and in case of the inability of both President and Vice-President, Congress shall by law declare what officer shall then act as President. The law of, n. 172, § 8. The President pro tem, to act as President when; Speaker of the House, n. 172.
INDEPENDENCE. Declaration of, pp. 1-8.
INDEPENDENCE. All who adhered to the cause of, became citizens of the United States, n. 220, §§ 1, 6. And those who ad-
hered to the independence of Mexico how far, Id. INDEPENDENT. That these United States are, &c., p. 6. Texas was before annexation, Pref. p. viii. Its rights, as such, how far surrendered, Id.
Population during the dif- Assigned to the seventh Admitted into the Union,
INDIANA. Qualifications for suffrage in, n. 17, p. 61. Eleven representatives in 1860, n. 24. ferent decades, n. 24, pp. 69-71. judicial circuit, n. 197, p. 192. n. 230. Ratified the 13th amendment, n. 274; and the 14th, n. 275.
INDIAN tribes. Congress shall have power to regulate commerce among the several States, and with the Indian tribes..... The power is absolute, without reference to the locality of the tribe, n. 91. As long as their tribal relations exist, n. 91. It extends to prohibiting intercourse with the Indians and punishing crime in their country, n. 91. Their ownership of land defined, n. 91. A white man adopted by the Indians is not an Indian, n. 91. The tribes are not subject to the internal revenue tax, n. 91, pp. 110, 111. Nor to the State laws of taxation, n. 91, p. 111, § 1. Commerce with the Indians is regulated by treaties and intercourse laws, n. 92, § 2. Not embraced in acts of Congress unless named, n. 92, § 3. Not foreign States, nor States of the Union, n. 208. Slaves among them might be apprehended by the President, n. 257.
Were citizens of Mexico, and thus became citizens of the United States, n. 220, § 6. Portions of them declared citizens of the United States by treaty, n. 220, § 11. INDIANS not taxed, excluded from representative numbers.
Same provision in the 14th amendment, pp. 50, 279, § 2. INDICTMENT. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or in- dictment of a grand jury, &c. Amendments.
Presentment and indictment defined, n. 253. Grand jury defined; regulated by act of Congress, Id. tion means a copy of the presentment or indictment, n. 260. This amendment secures a presentment or indict- ment before there can be a jury trial, n. 213.
INDICTMENT. Persons convicted on an impeachment, shall never- theless be subject to indictment, trial, judgment, and punishment, according to law....
INFERIOR Courts. Congress shall have power to create tribunals inferior to the Supreme Court....
To constitute and tribunals defined, n. 109. This affords no pretext for abrogating any established law of property, n. 109. Or overruling State decisions as to, Id.
INFERIOR Courts. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior
INFERIOR officers. (See Appointment, notes 179-184)..
INGERSOLL JARED, of Penn. Signed this Constitution, pp. 42, 252. INHABITANT. A representative in Congress shall be an inhabitant
Congress may also define the jurisdiction of inferior courts; Territorial courts are inferior, n. 196. The tenure is for life or until impeachment, n. 197.
of the State in which he shall be chosen..... Inhabitant defined, n. 20. Of the District of Columbia does, a foreign minister does not, lose his character of, n. 20. INHABITANT. A senator in Congress shall be an inhabitant of the State in which he shall be chosen.. INHABITANT. 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 same State with themselves. Amendments...
INHABITANTS. Treated as citizens under the Articles of Confeder-
ation, Art. IV. p. 10. Of Louisiana, Florida, Texas, Cali- fornia, and Arizona became citizens, n. 220, § 3, 4, 5. Corporations are, for the purpose of suits, n. 206. The rela- tions of the, of the loyal States during the rebellion, notes 117, 215.
INSPECTION laws. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspec- tion laws...
Inspection defined, n. 164. Absolutely necessary de-
fined, n. 62. They are component parts of the power of a State, n. 89, p. 108.
INSTRUMENT. The Constitution must be construed like any other, n. 170.
INSTRUMENTS. The right to regulate commerce carries along the right to regulate the instruments of intercourse and trade, notes 85, 274.
INSTRUMENTS. Secretary of the Treasury to procure for weighing and gauging, n. 102, p. 118.
INSURGENT States. During the rebellion did not become foreign, and their inhabitants alien enemies, n. 213. (See Rebel States.) INSURRECTION. The United States shall, on application of the legislature, or of the executive (when the legislature can- not be convened), protect each State against domestic violence or insurrection..
Acts of the Congress upon the subject, n. 235. The President must decide upon the facts of the case, Id. p. 246. INSURRECTIONS. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.....
Insurrections defined and discussed, n. 132. Invasions defined, n. 133.
INTERIOR waters. The admiralty jurisdiction over defined, n.
INTERCOURSE cannot be restricted by the States, n. 87, p. 106. INVADED. No State shall, without the consent of Congress, engage in war unless actually invaded, or in such imminent danger as will not admit of delay..
The States may repel invasions upon emergencies, n. 164. INVASION. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or inva- sion, the public safety may require it..
(See Habeas Corpus, note 141.) The President sus- pended the writ, Id. n. 141, p. 143.
Invasion defined, notes 133, 234.
INVASION. The United States shall protect each State against invasion
as well as foreign hostility, n. 234. A political question, n. 234. History of, during the rebellion, Id.
INVASIONS. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, sup- press insurrections, and repel invasions
This is coupled with the guaranty to protect against, n. 133. It may be by State authority, n. 133.
Inventors defined, n. 108.
INVENTORS may secure exclusive rights to their discoveries for a limited time...
Iowa. Qualifications for suffrage in, n. 17, p. 61. Six representa- tives in 1860, n. 24. Population during the different decades, n. 24, pp. 69, 70. Assigned to the eighth judicial circuit, n. 197, p. 192. Admitted into the Union, n. 230. Ratified the 13th amendment; n. 274, and the 14th, n. 275. IREDELL, JAMES. Associate Justice of the Supreme Court, n. 197 IZARD, RALPH. President of the Senate, n. 88, p. 78.
JAY, JOHN. Chief-Justice, n. 197, p. 192.
JACKSON, ANDREW. Views upon nullification, Pref. p. v. n. 144. President of the United States, n. 166. Vetoes, n. 67. JACKSON, WILLIAM. Attested the Constitution, pp. 42, 252. JEFFERSON, THOMAS, of Virginia. Signed Dec. of Ind. p. 7; Presi- dent, n. 166.
JENIFER, DAN: OF ST. THOMAS, of Maryland. Signed the Constitu- tion, pp. 42, 252.
JEOPARDY. Nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb. Amendments. Jeopardy defined and discussed, n. 255.
JOHNSON, ANDREW. Vice-President, n. 37, p. 77. President,
n. 166. His differences with Congress, n. 46, p. 85. His notable vetoes, n. 67, pp. 92, 93. The grounds and failure of his impeachment, n. 194. His views as to the supre- macy of law, n. 239. His views as to resolutions propos- ing constitutional amendments, n. 236. His views upon the 14th constitutional amendment, n. 275. His condi- tions imposed upon the rebel States, n. 246. His recom- mendation to Congress to retrace its steps, n. 281. Disbanded the militia of the District of Columbia, n. 249.
JOHNSON, RICHARD M. Vice-President, n. 37, p. 77. JOHNSON, THOMAS. Associate Justice, n. 197, p. 193. JOHNSON, WILLIAM. Associate Justice, n. 197, p. 193.
JOHNSON, WILLIAM SAMUEL, of Connecticut. Signed the Consti- tution, pp. 42, 252.
JOURNAL. Each house of Congress shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal
JOURNAL. When the President shall return a bill, with his objec- tions, to the house in which it originated, those objections shall be entered at large on their journal, and the votes, by yeas and nays, on the reconsideration of such bill, shall be entered on the journal of each house respectively. (See Bill.).. JUDGES of the Supreme Court. The President shall nominate, and, by and with the advice and consent of the Senate, appoint the Judges of the Supreme Court of the United States JUDGES of the Supreme and inferior courts shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office... During good behavior defined, n. 197. Those who hold their offices for a term of years are not constitutional judges, n. 197. The court in 1868, n. 197. Since the foundation of the government, n. 197, p. 193. The com- pensation, n. 198.
JUDGES. The judges in every State shall be bound by the Consti- tution, laws, and treaties-any thing in the Constitution or laws of any State to the contrary notwithstanding...
The courts will declare State Constitutions and laws which violate the paramount law, void, n. 241.
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; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and pun-- ishment, according to law... Judgment defined, n. 40. Can neither go beyond nor fall short, Id. Touches neither person nor property, Id. JUDGMENTS. (See Acts-Authentication-Credit-Faith-Judi- cial Proceedings.) Where the jurisdiction has attached, the judgment is conclusive, n. 218, p. 214. If there has been service or defense, nothing is open (not even fraud between the parties and privies) save the question of jurisdiction, Id. But they are subject to limitation, n. 218, p. 215. They are conclusive evidence, Id. They are not foreign, but domestic, n. 218, pp. 215, 219. They can be controverted for want of service, Id. p. 217. The courts will notice the local laws under which they were rendered, n. 219. The rule only applies to judgments of courts of record, Id. Not to judgments of the courts of the United States, n. 219, p. 219. How they must be cer tified, Id. Nil debet is not a good plea, n. 219, p. 220,
« PředchozíPokračovat » |