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then be counted: the person having the greatest number of rotes 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 bouse 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 tiro-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. .' ' 'i

The person having the greatest number of votes as vice-president, shall be vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on-the list, the senate shall choose 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. •• 7 .

But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States." -. . "• .' r .*

. INDEX.

Page

Admiralty Jurisdiction.
See District Courts, Judi-
Cial Power, &c.

Admission Of States.
Power ofadmitting new States 185
Construction given to it. 186

• • * *
. • Aliens.

Who so termed . 168

Inducements for them to become

ib.
ib.
ib.

citizens
Mode prescribed .
Rights acquired thereby
See Naturalization.

ALLKeiANCBT.'

Nature of that due by Citizens
of the United States. 167

. • Amrassadors. . - .
By whom appointed 66
In what Courts they may sue

and be sued 96, 97

Power of sending and receiving 135
Infringements on their rights,

how punishable 152

Amendment Of Constitution.
Necessity of such power 190
Mode of exercising it . ib.

Restrictions upon it 'ib.

Amendments adopted 191
Their nature and design ib.
Effect and construction of one. 192

Appeals.
See Judicial Power, Supreme
Court, &c.

Appointments.

Power of.'where vested 66

Vacancies, how supplied 67

What vacancies intended 68

* . Page

Arriter.
See Judicial Power, Supreme
Court, &c.

ARMT AJID Navt.

Commander-in-Chief of 64
Povjer of raising and equipping 119
Necessity and extent of power ISO
Restrictions on the States relat-
* ing to them 121
. upon Congress. 122

Arsenals And Forts.
See Local Jurisdiction.

Arts, (useful.)
See Science.

- ' Attainder.
See Bills Of Attainder.

Authors And Inventors.
See Science.-

Auxiliary Powers.
Power to make Laws " necessa-
ry and proper," to execute
other powers. 205
Foundation and meaning of it 206
Judicial construction of it ib.
Implied powers, how delegated 207
See Powers Ok Government.

Bank.
See Corporations.

Bankruptcy.

Power to establish uniform sys-
tem 169

Why vested in National Go-
vernment ib.

Object ortjankrapt Laws ib.

How distinguished from Insol-
vent Laws

Page

Bankruptcy, defined 169
To what persons confined 170
Nature of power relative to it ib.
Power retained by Slates ib.
S|ale Laws cannot discharge
from Contracts, except in
certain cases 171
Why no uniform system now in

force. . ib.

Bills Of At*Aindsr. -
Prohibited to Slates * 193

Definitions of .195
- To what cases confined. ib.

Bills Of Credit.
Their issue prohibited to States 193
Reasons therefor - 194

Judicial construction of the"
Power of Congress in rela-
tion to them. WS

Borrowino MoNir.

Power of, where vested 126

How conferred - 134

Extent and construction. * 4b.

Captures. . . .
Rules concerning • 118

Power of Congress to make them ib.
Nature and extent of the power ib.
Judicial construction of it. ib.

Circuit Courti.
Organization and Sessions r
Legislative regulations of their

proceedings
Original and exclusive jurisdic-
tion

In regard to crimes and offences
Original and concurrent Juris-
diction
In Civil suits

Jurisdiction as to copyrights
and patents

In cases where U. S. are par-
ties

A ppellate j urisdiction
In what sense "Inferior Courts"
Proceedings, how to be inter-
preted

Citizens. *
Who are Citizens of V. S.

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Page

Who, native Citizens 165
Persons, born within the U."S.

who are not Citizens 166
Persons born abroad, who are 167
See Aliens, Alleoiakce, Na-
Turalization, &c.

Coasting Licence.
See Commerce* ,

Coin And Coining.
See Money, Powers of Govern-
Ment, &c.

Commerce.

Power of regulating it with fo-
reign nations 141

Where and how vested ib.

Its nature and necessity ib.

To what it extends 'ib. 142

With what exception -ib.

Judicial construction of it -ife.

How far it comprehends navi-
gation within a State 143

To what vessels it extends 144

How far it authorizes sale of im-
ported articles " ib.

States, how far restricted from

preventing such sale 145

Extends incidentally to other

and what objects ib. •

Applied to protection of domes-
tic industry ib.

To prohibition of Slave Trade 146

Power of regulating Commerce

among the States 154

Its general objects and extent ib.

How far restricted - ib.

What Commerce reserved to

States - 155

.When power of Congress may

be exercised within a State ib.

Judicial construction of this

power 156

Applied to Incidental objects ib.

Restrictions on States * 157

Power of regulating Indian

Trade ib.

How vested and interpreted ib.

Extent of its operation - ib.

Trade,and intercourse within-'
dians by individuals, how
restrained. ikv

See Indian Trires.-

Common Arriter.
See Judicial Power, Supreme
Court, &c.

Common Law.

How far established imhe Co-
lonies 30

Benefit of, claimed by Congress ib.

Protects absolute rights ib.

Regulated relative rights of Co-
lonists, ib.

Punished offences against pub-
lic justice 31

How far adopted by States 32

Basis of their Laws ib.

Stale Constitutions made in re-
ference to its validity ib.

Its existence pre-supposed by

Constitution of Uv S. ib.

Referred to for explanation of
. its powers and provisions ib.

How far Common Law in force
under the Constitution of
U.-S. ib.

Congress.
How constituted 37
Disabilities ofrmembers 42
Their privileges and powers ib.
Elections, returns, and quali-
fications ib.
In what manner these powers

are exercised 43
Quorum of each House" ib.
Adjournments and Journals ib.
Freedom of debate ib.
Punishment of contempts ib.
Duty and power in such cases 44
How far punishment may ex-
tend "ib.
How such offences otherwise

punishable ib.
To what subjects power of le-
gislation extends ib.
Rules of proceedings 46
Forms of Legislation 47, 48
Appointment of Committees 47
Standing Committees ib.
Select Committees" ib\.
Committees of the whole 48
Time and manner of assem-
bling 51
Time and manner of adjourning 52
Period of dissolution. ib.
Sec Legislative Power,

Page Page
House Of Representa-
Tives, Senate, &c.

Constitution.

Definition of one 25

Origin of them ib.

Where they may exist 26
When derived from act of the

Government lb.
When from written compact ib.
Different modes of framing one ib.
Which most practicable ib.
Which preferable "• 27
How obtained ib.
Theory of a Republican Consti-
tution ib.
Advantages of a written one ib.
Evils of a traditionary one 28
Reasons for pre/erring one writ-
tea ib*

Constitution Of United States.
Oh What foundation erected- 33
On what principles formed ib.
From what materials ib.
In what manner adopted ib.
For what objects designed ib.
Effect of its adoption on the

States ib.
Effect of its adoption on the

former Confederation 33
Principle of representation, how

• applied in it 34
Powers pf Government,' how

delegated by it - ib.

How to be examined ib.
Constitutional Law defined 25

Constitutions (state).
Foundations; how la"id 28
Source of their authority 29
On what principle founded ib
Powers of Government, how
. rested and distributed by
them ib.
Former civil and municipal In-
stitutions, how far retained 30
Natural and moral rights se-
cured ib.
Ste Statb Governments,
States, &c.

Consuls And Vice Consuls.
By whom appointed 66
la what Courts they may Suq

Page

and be sued or prosecuted

97, 109

See Judicial Powbr.

Contracts.
See Laws Impairing Contracts.

Copyright.
See Science.

Corporations.

Grants of, irrevocable 198

Are Contracts wilhin the mean-
ing and protection of ihe
Constitution' * 199

Creation of, incident to Sove-
reignty . ■ 207

Nature and extent of power ib.

See Auxiliary Powers, Laws
Impairing Contracts, &c.

Counterfeiting.
Power of punishing 164
To what objects it extends ib.
Nature and necessity of Power ib.
See Powers Of Government.

Courts.
See Impeachments,
Judicial Power,
Circuit Courts,
District Courts,
State Courts, and
Magistrates, and
Supreme Court.

Derts.
See Tender Laws.

Declaration Of Independence
See Independence.

District Courts.

'ganized 108

and Sperial terms ib.

:lusive Jurisdiction ib.

Original Jurisdiction ib.

Admiralty Jurisdiction ib^
Concurrent Jurisdiction with

Circuit Courts 109
Jurisdiction exclugive in certain

cases of State Courts ib.

With respect to Patents ib.

Power of Judge at Chambers ib.
&*e Judicial Power.

District Of Columria
Seat of Government
Courts organized (herein
Privileges of its inhabitants
Their disabilities*
See Local Jurisdiction.

Dogk-yards.
See Local Jurisdiction.

Domestic Industry.
Encouraged by protecting du-
ties

Upon what construction

By whom question of Constitu-
tionality must be decided

Commercial restrictions applied
to the purpose

To what extent, and upon what
ground ofcons^ruition

How point must be decided.

See Commerce, Powers Of
Government, and Tax-
Ation and Taxes.

- Duties.
See Imposts And Duties,
Taxation And Taxes,

Page

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Electors (of President And
Vicev President).

How chosen * 56

Number in each State ib.

Requisite qualifications 'ib.

At what time to be chosen 57

Time for their assembling ib.
Mode of their proceeding to

election ib.

Duties subsequent to Election. 58
See President Of U. S.

Executive Power.

GenerarTunctions 26

Objects of this Department 52

Extent of discretionary power ib.
Obligation to obey and enforce

Laws . 53
Requisite qualities ib.
Power apportioned to it 54
Advantage of its unity ib.
Evils of its division or plurali-
ty 55
How vested by Constitution of
U.S. • ib.

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