EMOLUMENTS. No senator or representative shall, during the

time for which he was elected, be appointed to any civil
office under the authority of the United States, which
shall have been created, or the emoluments whereof shall
have been increased, during such time..

(See Eligibility, notes, 19, 85, 46, 169, 242.)
ENABLING acts. Some States admitted by and some without, n. 230.
The effect of Constitution and admission is to annul them,
n. 230..

ENEMIES. Treason against the United States shall consist only in
levying war against them, or in adhering to their enemies,
giving them aid and comfort...

Treason defined, and its origin, n. 215. The enemies
are those who levy war. Id.

ENGAGEMENTS entered into. All debts contracted or engagements
entered into before the adoption of this Constitution shall
be as valid against the United States under this Constitu-
tion as under the Confederation..

This clause and its reason considered, n. 237.

ENGLISH laws. For abolishing the free system of, p. 4.
ENSURE domestic tranquillity. The Constitution established in
order to insure domestic tranquillity, &c. Preamble..
Means peace among and between the States, n. 9. (See
Insure.)

ENTER. Vessels bound to or from one State shall not be obliged
to enter, clear, or pay duties in another.

Pilotage fees not unconstitutional, n. 148. Port dues for
the benefit of a State, unconstitutional, n. 162.

ENTER. No State shall enter into any treaty, alliance, or confeder-
ation....

Because this is a national power, n. 152.

ENTER. No State shall, without the consent of Congress, enter
into any agreement or compact with another State, or with
a foreign power....

The words were used in their broadest sense, and to cut
off negotiations with foreign nations, n. 164.

82, 161

ENTITLED.

The citizens of each State shall be entitled to all the
privileges and immunities of citizens in the several
States..

(See Citizens, notes 17, 18, 93, 169, 220, 221, 274.)

The citizen going into another State is entitled to all the
privileges, &c., of the other citizens of that State, and no
more, n. 222.

ENUMERATED Powers. The specially granted powers were not
numbered in the Constitution, but the numerals have been
prefixed by authors for convenience, n. 74, p. 51.
(See Numeration, n. 268.)

ENUMERATION of the people to be made within three years after
first meeting of Congress, and every ten years thereafter,
in such manner as they shall by law direct
Tables of the numbers according to the several enumer-
ations, n. 24, pp. 68-71.

ENUMERATION.

No capitation or other direct tax shall be laid,
unless in proportion to the census or enumeration herein-
before directed to be taken...

Capitation defined, n. 144.

Taxes on lands are direct

taxes, n. 144. They must be by the rule of apportionment,
notes 22, 72, 77, 81, 85, 144.

ENUMERATION of rights. The enumeration in the Constitution of
certain rights shall not be construed to deny or dis-
parage others retained by the people. Amendments...
(See Enumerated Powers, n. 74.) Enumeration defined,
n. 258. Of certain rights defined, n. 268. Deny and dis-
parage defined, Id.

EQUAL suffrage. No State, without its consent, shall be deprived

of its equal suffrage in the Senate..

Equal in no two States, notes 17, 18. Made equal in

the rebel States without regard to color, n. 276. (The re-
construction acts.)
EQUITY. The judicial power shall extend to all cases in law and
equity arising under this Constitution, the laws of the
United States, and treaties made or which shall be made
under their authority

Cases in equity defined, n. 200. There must be no ade-
quate remedy at law, n. 200.

EQUITY. The judicial power of the United States shall not be con-
strued to extend to any suit in law or equity commenced
or prosecuted against one of the United States by citizens
of another State, or by citizens or subjects of any foreign
State. Amendments....

This amends the first section of the third article so as to
prevent suits against the States, notes 205a, 270.
ESCAPING. Persons held to service or labor (or slaves), escaping

into another State, shall be delivered up on claim of the
party to whom such service or labor inay be due

Persons and State defined, n. 226. Escaping defined
and distinguished from carrying by the master, notes
222, 227. The owner's rights, n. 222. Delivered up con-
templates a summary remedy, n. 228. This clause is a
treaty, Id.

ESTABLISH. Cited whenever used in the Constitution, n. 104.
ESTABLISH. The judicial power of the United States shall be
vested in one Supreme Court, and in such inferior courts
as the Congress may from time to time ordain and estab
lish....

To establish is

See the word

This clause discussed, notes 195-197.
to put into operation, notes 12, 13, 243.
on the text to notes 293-296; and Establishment,
notes 242-245.

ESTABLISH justice. The Constitution formed in order to establish
justice, &c. Preamble..

Justice defined and how established, n. 8.
ESTABLISHMENT of the Constitution. We, the people of the

United States, in order to form a more perfect union, es-
tablish justice, insure domestic tranquillity, provide for
the common defense, promote the general welfare, and se-
cure the blessings of liberty to ourselves and our pos-
terity, do ordain and establish this Constitution for the
United States of America. Preamble..

This preamble, why consulted, and its divisions, n. 5.
The difference from the Confederate Constitution, n. 5.
"The people" defined, n. 6. A more perfect union, n. 7.
Justice defined. Every term defined, notes 6-13. A gov-
ernment was established, 1, 4, S.

ESTABLISHMENT of this Constitution. The ratification of the Con-
ventions of nine States shall be sufficient for the establish-
ment of this Constitution between the States so ratifying
the same..

How, when, and by what States the Constitution was
ratified and established, notes 242, 243.

ESTABLISHMENT of religion. Congress shall make no law respect-
ing an establishment of religion. Amendments..
Establishment here means a system of religion or
established church, n. 245. Religion defined; all religions
tolerated, n. 245.

EXCESSIVE bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted. Amend-

EXCISES.

ments..

Bail defined, n. 266. What punishment is not excessive,
n. 266. Disfranchisement is not unusual punishment,

n. 267.

Congress shall have power to lay excises...
Defined and discussed, n. 77.

EXCISES. All duties, imposts, and excises shall be uniform through-
out the United States...

This unformity in contradistinction to apportionment,
n. 81.
EXCLUSIVE. The admiralty jurisdiction is exclusive, and the
State assumption of it is unconstitutional, n. 203.

The power to regulate commerce is exclusive, and
leaves no residuum, n. 85. Jurisdiction of the Supreme
Court when exclusive, n. 210. And so of courts under the
Constitution, n. 211. The power of Congress over fugitive
slaves was exclusive, n. 227.

EXCLUSIVE rights to writings and discoveries in science and the
useful arts may be secured to authors and inventors for a
limited time....

Copyrights, how secured, n. 107. Inventors defined, n.
108, p. 122. Question discussed, n. 108.

EXCLUSIVE legislation in all cases whatsoever shall be exercised
by Congress over such district (not exceeding ten miles
square) as may, by cession of particular States and the ac-
ceptance of Congress, become the seat of the government
of the United States..

District of Columbia ceded to United States, n. 136.
Limitation of this power, n. 137.

EXECUTE. To provide for calling forth the militia to execute the
laws of the Union, suppress insurrections, and repel in-
vasions...

Militia defined, n. 130. Limitation of the President's
power, Id. When the militia become national, Id. Laws
of the Union defined, n. 131. Insurrections, &c., defined,
n. 132. Defined, notes 143, 156. The civil law definition,
n. 156.

EXECUTE. The President is required to take an oath faithfully to
execute the office of President of the United States...

The President alone required to take this oath, n. 174.
Scope of the term to faithfully execute, n. 164. No one to
be put to death under the reconstruction laws without the
approval of the President, n. 276, p. 282, § 4.

EXECUTED. The President shall take care that the laws be faith-
fully executed.

The meaning and extent of this power, n. 189.
EXECUTION of the powers of the government. 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 govern-
ment of the United States, or any department or office
thereof..

EXECUTION. Before the President enters upon the execution of
his office, he shall take the following oath or affirmation.
(See Dath.)..

EXECUTIVE appointment to office, whether or not an executive
function disputed, n. 165...

EXECUTIVE authority. The, of any State shall issue writs of elec-
tion to fill vacancies that may happen in the representa-
tion of such State...

The executive may receive resignations and may fill
actual vacancies without waiting, n. 25. Vacancies, how
created, n. 25.

EXEMPLIFICATIONS of office, books, &c.; how to be certified, n. 219,
p. 221. Decisions on the statute, n. 219.

EXPEDIENT. The President shall, from time to time, recommend
to Congress such measures as he shall judge necessary and
expedient

Practice of sending a written message to Congress,
n. 187.
EXPEL a member. Either house of Congress may, with the con-
currence of two-thirds, expel a member...

A member may be expelled for an offen se contrary to no
statute, n. 49. Rebel senators expelled, n, 50.

EXPENDITURES. A regular statement and account of the receipts

and expenditures of all public money shall be published
from time to time....

Variance of the Confederate States Constitution, n. 149.
Creation of court of claims; the creditor's remedy, Id.
EXPORTS. No duty or tax shall be laid-on articles exported from
any State...

This wholly takes away the power over exports, n. 146.
It was stricken out of the Confederate Constitution, n. 146.
EXPORTS, &c. No State shall, without the consent of Congress,
lay any duty on imports or exports....

(See note 146.) The terms defined, notes 65-67. Im-
ports, or duties on imports, defined, n. 162.

EX POST FACTO law. No bill of attainder or ex post facto law shall
be passed...

Defined, notes 148, 156. Relates only to criminal law,
n. 143. The Missouri expurgatory oath is unconstitutional
n. 143. Defined according to the civil law, n. 156.

EX POST FACTO law. No State shall pass any ex post facto law..
Ex post facto laws defined, notes 143, 156. Limitation
of ex post facto laws, Id. Attorney's test oath and expur-
gatory oath in Missouri, not ex post facto laws, Id. (See
n. 242.)
EXTRAORDINARY occasions. The President may, on extraordinary
occasions, convene both houses of Congress, or either
of them

This power has been frequently exercised, n. 188.

FACT and law. The Supreme Court shall have appellate jurisdic-
tion both as to law and fact, &c....

Not to grant new trials upon the facts since the seventh
amendment, notes 211, 263.

FAITH and credit, full, to be given to public acts, records, and pro-
ceedings of States, &c..

(See Acts, Authentication, Credit, Judicial Proceed-
ings, Judgments, Records.) That credit which the State
itself gives, notes 218, 219, which exhaust the subject.
FEDERAL Courts. Can only issue a habeas corpus in aid of their
own jurisdiction, n. 141, p. 141; in all cases which it would
reach at common law, p. 142. State courts cannot arrest
their writs, n. 141, p. 143.

FEDERAL judges have exclusive jurisdiction on habeas corpus
when the applicant is imprisoned by authority of the
United States, n. 141, p. 142.

FELONIES. Congress shall have power to define and punish pira-
cies and felonies committed on the high seas, and offenses
against the law of nations.....

To define, to punish, piracy, and felony, defined, notes
110, 111, 112, 113, 192, 193, 194. The civil and not the com-
mon law definition adopted, n. 113. Misdemeanor used in
contradistinction to felony, n. 194. (See Offenses, n. 194.)
This power under the Confederation. Art. IX. p. 14.
FELONY Members of Congress may be arrested for felony...
The arrest may be for any indictable offense, n. 56.
FELONY. A person charged with, fleeing from one State to
another, to be delivered up on demand.

A person means any one who has committed a felony or
crime, n. 233. The indictment is conclusive of this, n.
223. Those who have been guilty of felony at common
law disfranchised by the reconstruction laws, n. 176, § 5.
FEW, WILLIAM. Deputy from Georgia. Signed this Constitution,
p. 42.
FIELD, STEPHEN J. Associate Justice of the Supreme Court,
n. 197, p. 192.

FILLMORE, MILLARD. Vice-President, n 37; and President, n. 166.
FINES. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Amendments

A fine of fifty dollars and three months' imprisonment

for violating the liquor law is not excessive, n. 267. Dis-
franchisement is not unusual punishment, n. 267. Of ten
thousand dollars for disregarding the tenure of office law,
n. 184, pp. 180, 181, § 5, 6, 9.

FITZPATRICK, BENJAMIN. Presiding officer of the Senate, n. 38,
p. 81.

FITZSIMONS, THOMAS. Deputy from Pennsylvania. Signed this
Constitution, pp. 42, 252.

FLORIDA. Qualifications of voters in, n. 17, p. 60. Entitled to
one representative, n. 24, p. 69. Number of inhabitants,
n. 24, pp. 69, 70. Did not vote in Presidential election of
1864, n. 167. Assigned to fifth judicial circuit, n. 191.
Inhabitants made citizens, n. 220, p. 222, § 4. Admitted
into the Union, n. 230. Ratified 18th amendment, n. 274,
and rejected 14th, n. 275. One of the rebel States, n. 276,
p. 282, § 1. Government declared provisional, n. 276, p.
286, § 1. Held convention in, n. 277. Registered voters
in, n. 278.

FLOYD, WILLIAM, of New York. Signed the Dec. of Ind. p. 7.
FOOTE, SOLOMON. Presiding officer of the Senate, n. 38, p. 81.
FOREIGN birth. The power of naturalization is only applicable to

persons of, n. 274, p. 276.

FOREIGN Coin. Congress shall have power to coin money, regulate
the value thereof, and of foreign coin..

To coin money and regulate defined, notes 97, 98, 99.
Congress has always exercised the power, n. 100. As a
legal tender considered, notes 82, 84, 97, 155. First legal-
tender act was in favor of, n. 155.

FOREIGN extradition jurisdiction is purely political, n. 225.
FOREIGN, jurisdiction, to our Constitution, Dec. of Ind. p. 4
FOREIGN nations. Congress shall have power to regulate com-
merce with foreign nations....

Commerce

To regulate defined, 85. Commerce, 86.
with foreign nations, between citizens of the United States,
and citizens or subjects of foreign governments, n. 87
This power is complete in itself, n. 87, p. 106.

FOREIGN power. No State shall, without the consent of Congress,
enter into any agreement or compact with another State,
or with any foreign power..

Agreement or compact defined, n. 164. This prohibi-
tion is political, Id. It was intended to cut off all nego-
tiations and intercourse between the State authorities and
foreign nations, n. 164

FOREIGN State. No title of nobility shall be granted by the
United States, and no person holding any office of profit
or trust under them, shall, without the consent of the
Congress, accept of any present, emolument, office, or
title, of any kind whatever, from any king, prince, or
foreign State.....

Office defined; does not extend to private citizens,
n. 151.
FOREIGN State. The judicial power of the United States shall not
be construed to extend to any suit, in law or equity, com-
menced or prosecuted against one of the United States by
citizens of another State, or by citizens or subjects of any
foreign State. Amendments..

This is amendatory of the second section of the third-
article, notes 205a, 270. To prevent States being sued by
citizens or foreigners, n. 270.

FOREIGN States, citizens, or subjects. The judicial power shall
extend to controversies between a State, or the citizens
thereof, and foreign States, citizens, or subjects.....
Only where the State is plaintiff or defendant in error,
205a, 270. The history of the subject, 205a. The interest
of the State must appear of record, 205a, 270.

FORFEITURE. No attainder of treason shall work corruption of
blood or forfeiture, except during the life of the person
attainted,..