INDEX TO THE CONSTITUTION OF THE UNITED STATES.

BOOK V.
TABULATED HISTORY OF POLITICS.

[1]. Edwin Williams in Statesman’s Manual.

[2]. From the Statesman’s Manual, Vol. 1., by Edwin Williams.

[3]. Note.—See Constitution, Art. 3, Sec. 4, p. 5.

[4]. In the Ritual the words in parentheses are omitted. In the key to the Ritual, they are written in figures—the alphabet used being the same as printed below. So throughout.

Key to Unlock Communications.

ABCDEFGHIJKLM
17131925281420263915
NOPQRSTUVWXYZ
21410162251117236121824

[5]. Concerning what is said of cities, the key to the Ritual says: “Considered unnecessary to decipher what is said in regard to cities.”

[6]. President Buchanan’s Inaugural Address.

[7]. From Mr. Buchanan’s Administration on the eve of the Rebellion, published by D. Appleton & Co., 1866.

[8]. The Provisional Constitution adopted by the Seceded States differs from the Constitution of the United States in several important particulars. The alterations and additions are as follows:

ALTERATIONS.

1st. The Provisional Constitution differs from the other in this: That the legislative powers of the Provisional Government are vested in the Congress now assembled, and this body exercises all the functions that are exercised by either or both branches of the United States Government.

2d. The Provisional President holds his office for one year, unless sooner superseded by the establishment of a permanent Government.

3d. Each State is erected into a distinct judicial district, the judge having all the powers heretofore vested in the district and circuit courts; and the several district judges together compose the supreme bench—a majority of them constituting a quorum.

4th. Whenever the word “Union” occurs in the United States Constitution the word “Confederacy” is substituted.

THE FOLLOWING ARE THE ADDITIONS.

1st. The President may veto any separate appropriation without vetoing the whole bill in which it is contained.

2d. The African slave-trade is prohibited.

3d. Congress is empowered to prohibit the introduction of slaves from any State not a member of this Confederacy.

4th. All appropriations must be upon the demand of the President or heads of departments.

OMISSIONS.

1st. There is no prohibition on members of Congress holding other offices of honor and emolument under the Provisional Government.

2d. There is no provision for a neutral spot for the location of a seat of government, or for sites for forts, arsenals, and dock-yards; consequently there is no reference made to the territorial powers of the Provisional Government.

3d. The section in the old Constitution in reference to capitation and other direct tax is omitted; also, the section providing that no tax or duty shall be laid on any exports.

4th. The prohibition on States keeping troops or ships of war in time of peace is omitted.

5th. The Constitution being provisional merely, no provision is made for its ratification.

AMENDMENTS.

1st. The fugitive slave clause of the old Constitution is so amended as to contain the word “slave,” and to provide for full compensation in cases of abduction or forcible rescue on the part of the State in which such abduction or rescue may take place.

2d. Congress, by a vote of two-thirds, may at any time alter or amend the Constitution.

TEMPORARY PROVISIONS.

1st. The Provisional Government is required to take immediate steps for the settlement of all matters between the States forming it and their other late confederates of the United Slates in relation to the public property and the public debt.

2d. Montgomery is made the temporary seat of government.

3d. This Constitution is to continue one year, unless altered by a two-thirds vote or superseded by a permanent Government.

[9]. From Lalor’s Encyclopædia of Political Science, published by Rand & McNally. Chicago, Ill.

[10]. Official Journal of the Convention, pp. 9 and 10.

[11]. The text of Webster’s speech in reply to Hayne, now accepted as the greatest constitutional exposition ever made by any American orator, will be found in our book devoted to Great Speeches on Great Issues.

[12]. These were afterwards seized.

[13]. The attempted removal of these heavy guns from Allegheny Arsenal, late in December, 1860, created intense excitement. A monster mass meeting assembled at the call of the Mayor of the city, and citizens of all parties aided in the effort to prevent the shipment. Through the interposition of Hon. J. K. Moorhead, Hon. R. McKnight, Judge Shaler, Judge Wilkins, Judge Shannon, and others inquiry was instituted, and a revocation of the order obtained. The Secessionists in Congress bitterly complained of the “mob law” which thus interfered with the routine of governmental affairs.—McPherson’s History.

[14]. Resigned January 17th, 1861, and succeeded by Hon. Lot M. Morrill.

[15]. Did not attend.

[16]. Resigned and succeeded January 2d, 1861, by Hon. Stephen Coburn.

[17]. From the “History of Abraham Lincoln and the Overthrow of Slavery,” by Hon. Isaac N. Arnold.

[18]. 1864, February 15—Repealed the above act, but provided for continuing organizations of partisan rangers acting as regular cavalry and so to continue; and authorizing the Secretary of War to provide for uniting all bands of partisan rangers with other organizations and bringing them under the general discipline of the provisional army.

[19]. See memorandum at end of list.

[20]. This incident was related to the writer by Col. A. K. McClure of Philadelphia, who was in Lancaster at the time.

[21]. Arnold’s “History of Abraham Lincoln.”

[22]. On the 23d of July, 1861, the Attorney-General, in answer to a letter from the United States Marshal of Kansas, inquiring whether he should assist in the execution of the fugitive slave law, wrote:

Attorney-General’s Office, July 23, 1861.

J. L. McDowell, U. S. Marshal, Kansas:

Your letter, of the 11th of July, received 19th, (under frank of Senator Lane, of Kansas,) asks advice whether you should give your official services in the execution of the fugitive slave law.

It is the President’s constitutional duty to “take care that the laws be faithfully executed.” That means all the laws. He has no right to discriminate, no right to execute the laws he likes, and leave unexecuted those he dislikes. And of course you and I, his subordinates, can have no wider latitude of discretion than he has. Missouri is a State in the Union. The insurrectionary disorders in Missouri are but individual crimes, and do not change the legal status of the State, nor change its rights and obligations as a member of the Union.

A refusal by a ministerial officer to execute any law which properly belongs to his office, is an official misdemeanor, of which I have no doubt the President would take notice. Very respectfully

EDWARD BATES.

[23]. Republicans in Roman; Democrats in italics.

[24]. Democrats in italics.

[25]. Republicans in roman; Democrats in italics.

[26]. In 1860 a vote was had in the State of New York on a proposition to permit negro suffrage without a property qualification. The result of the city was—yeas 1,640. nays 37,471. In the State—yeas 197,505, nays 337,984. In 1864 a like proposition was defeated—yeas 85,406, nays 224,336.

In 1862, in August, a vote was had in the State of Illinois, on several propositions relating to negroes and mulattoes, with this result:

For excluding them from the State 171,893
Against 71,306
100,587
Against granting them suffrage or right to office 21,920
For 35,649
176,271
For the enactment of laws to prohibit them from going to, or voting in, the State 198,938
Against 44,414
154,524
—From McPherson’s History of the Great Rebellion.

[27]. December 23, 1862—Jefferson Davis issued a proclamation of outlawry against Major General B. F. Butler, the last two clauses of which are:

Third. That all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong, to be dealt with according to the laws of said States.

Fourth. That the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with said slaves in insurrection against the authorities of the different States of this Confederacy.

[28]. McPherson’s History, page 317.

[29]. This act is in those words:

Be it enacted, &c., That hereafter every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military, or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation: “I, A B, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto; and I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter; so help me God;” which said oath, so taken and signed, shall be preserved among the files of the Court, House of Congress, or Department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable forever after, of holding any office or place under the United States.

[30]. Compiled by Hon. Edward McPherson in his Hand-Book of Politics for 1868.

[31]. Unofficial.

[32]. From Greeley’s Recollections of a Busy Life, page 413.

[33]. From the Century of Independence by John Sully, Boston.

[34]. The following is a correct table of the ballots in the New York Democratic Convention:

Candidates.1.2.3.4.5.6.7.8.9.10.11.
Horatio Seymour 9
George H. Pendleton105104119½118½122122½137½156½144147½144½
Andrew Johnson655234½32242112½65½65½
Winfield S. Hancock33½40½45½43½464742½2834½3433½
Sanford E. Church33333333333333
Asa Packer262626262727262626½27½26
Joel Parker1315½1313131377777
James E. English1612½7½7½76666
James R. Doolittle131½121215121212121212½
Reverdy Johnson8½81189½
Thomas A. Hendricks2½29½11½19½3039½7580½82½88
F. P. Blair, Jr.½10½4½2 5½½½½½
Thomas Ewing ½11
J. Q. Adams 1
George B. McClellan
Salmon P. Chase
Franklin Pierce
John T. Hoffman
Stephen J. Field
Thomas H. Seymour
Candidates. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.
Horatio Seymour 317
George H. Pendleton 145½ 134½ 130 129½ 107½ 70½ 56½
Andrew Johnson 4½ 4½ 5½ 5½ 6 10 5
Winfield S. Hancock 30 48½ 56 79½ 113½ 137½ 144½ 135½ 142½ 135½
Sanford E. Church
Asa Packer 26 26 26 22
Joel Parker 7 7 7 7 7 7 3½
James E. English 6 16 19
James R. Doolittle 12½ 13 13 12 12 12 12 12 12 12
Reverdy Johnson
Thomas A. Hendricks 89 81 84½ 82½ 70½ 80 87 107½ 121 132
F. P. Blair, Jr. ½ ½ 13½ 13
Thomas Ewing
J. Q. Adams
George B. McClellan 1 ½
Salmon P. Chase ½ ½ ½ ½ ½ 4
Franklin Pierce 1
John T. Hoffman 3 3
Stephen J. Field 15 9 8
Thomas H. Seymour 4 2
Necessary to choice 212

[35]. General Blair was nominated unanimously on the first ballot.

[36]. One Democratic elector was defeated, being cut by over 500 voters on a local issue.

[37]. Commonly called “Greenbacks,” or “Legal Tender notes.”

[38]. Commonly called “National Bank notes.”

[39]. By Rand & McNally, Chicago, Ill., 1882.

[40]. This was partially done by the Legislature of Pennsylvania in 1881.

[41]. Act of March 2, 1850.

[42]. Act of January 19, 1866.

[43]. Senate doc. 181, 46th Congress.

[44]. Sec. 2, 258, Rev. Stat. U.S.

[45]. According to the affidavits of Samuel Howard and others, page 14.

[46]. See Report of Attorney-General United States, 1880–81.

[47]. Act of March 6, 1862.

[48]. Act of February 16, 1872.

[49]. Secs. 1 and 2, act of February 3, 1852.

[50]. See act of January 17, 1862.

[51]. Act of January 7, 1854, sec. 14.

[52]. Acts of Jan 21, 1853, and of January, 1855, sec. 29.

[53]. Act of February 18, 1852.

[54]. Act of February 18, 1852.

[55]. Act of January 14, 1854.

[56]. Sec. 106. Act March 6, 1852.

[57]. Enormous sums are, however, given to soldiers who were wounded during the war, or who pretend that they were—for jobbery on an unheard of scale is practised in connection with these pensions. It is estimated that $120,000,000 (24,000,000l.) will have to be paid during the present fiscal year, for arrears of pension, and the number of claimants is constantly increasing, [The writer evidently got these “facts” from sensational sources.]—Am. Pol.

[58]. The undeniable facts of the case were as we have briefly indicated above, See, for example, a letter to the ‘New York Nation,’ Nov. 3, 1881.

[59]. Speech In New York, March 7, 1881.

[60]. ‘New York Tribune,’ Feb. 25, 1870.

[61]. Letter in New York papers, Feb. 20, 1875.

[62]. Mr. George William Curtis, in ‘Harper’s Magazine,’ 1870.

[63]. Article I. sect. vi. 2.

[64]. ‘Commentaries,’ I. book iii. sect. 869.

[65]. [These are mere traditions tinged with the spirit of some of the assaults made in the “good old days” even against so illustrious a man as Washington.—Am. Pol.]

[66]. Mr. Watterson, formerly a distinguished member of Congress, is the author of the “tariff for revenue only” plank in the Democratic National Platform of 1880, and is now, as he has been for years, the chief editor of the Louisville Courier Journal.

[67]. American, 707; scattering 989.

[68]. In Connecticut, the vote for Sheriff is taken. In New York, the average vote on four of the five State officers chosen, excluding Secretary of State. In Nebraska, Democratic and Anti-Monopoly vote combined on Judge.

[69]. Scattering, 106.

[70]. In these States the vote on Lieutenant-Governor was taken, as being from special causes, a fairer test of party strength. In the others the principal State officer was taken. Where State officers were not elected, the Congressional vote was taken. In Georgia, Congressmen-at-Large was taken.

[71]. The vote for Chief Judge.

[72]. The Regular and Independent Republican vote is combined.

[73]. Vote of the two Democratic candidates is combined.

[74]. One vote lacking in each.

[75]. One vote lacking.

[76]. One vote lacking.

[77]. 3 votes lacking.

[78]. Upon the resolution of Mr. Wythe, which proposed, “That the committee should ratify the constitution, and that whatsoever amendments might be deemed necessary should be recommended to the consideration of the congress, which should first assemble under the constitution, to be acted upon according to the mode prescribed therein.”

[79]. In answer to an address of Governor Eustis, denouncing the conduct of the peace party during the war, the House of Representatives of Massachusetts, in June, 1823, say, “The change of the political sentiments evinced in the late elections forms indeed a new era in the history of our commonwealth. It is the triumph of reason over passion; of patriotism over party spirit. Massachusetts has returned to her first love, and is no longer a stranger in the Union. We rejoice that though, during the last war, such measures were adopted in this state as occasioned double sacrifice of treasure and of life, covered the friends of the nation with humiliation and mourning, and fixed a stain on the page of our history, a redeeming spirit has at length arisen to take away our reproach, and restore to us our good name, our rank among our sister states, and our just influence in the Union.

“Though we would not renew contentions, or irritate wantonly, we believe that there are cases when it is necessary we should ‘wound to heal.’ And we consider it among the first duties of the friends of our national government, on this return of power, to disavow the unwarrantable course pursued by this state, during the late war, and to hold up the measures of that period as beacons; that the present and succeeding generations may shun that career which must inevitably terminate in the destruction of the individual or party who pursues it; and may learn the important lesson, that, in all times, the path of duty is the path of safety; and that it is never dangerous to rally around the standard of our country.”

[80]. 2d Dodson’s Admiralty Reports, 48. 13th Mass. Reports, 26.

[81]. It appears at p. 6 of the “Account” that by a vote of the House of Representatives of Massachusetts, (260 to 290) delegates to this convention were ordered to be appointed to consult upon the subject “of their public grievances and concerns,” and upon “the best means of preserving their resources,” and for procuring a revision of the constitution of the United States, “more effectually to secure the support and attachment of all the people, by placing all upon the basis of fair representation.”

The convention assembled at Hartford on the 15th December, 1814. On the next day it was

Resolved, That the most inviolable secrecy shall be observed by each member of this convention, including the secretary, as to all propositions, debates, and proceedings thereof, until this injunction shall be suspended or altered.

On the 24th of December, the committee appointed to prepare and report a general project of such measures as may be proper for the convention to adopt, reported among other things,—

“1. That it was expedient to recommend to the legislatures of the states the adoption of the most effectual and decisive measures to protect the militia of the states from the usurpations contained in these proceedings.” [The proceedings of Congress and the executive, in relation to the militia and the war.]

“2. That it was expedient also to prepare a statement, exhibiting the necessity which the improvidence and inability of the general government have imposed upon the states of providing for their own defence, and the impossibility of their discharging this duty, and at the same time fulfilling the requisitions of the general government, and also to recommend to the legislatures of the several states to make provision for mutual defence, and to make an earnest application to the government of the United States, with a view to some arrangement whereby the state may be enabled to retain a portion of the taxes levied by Congress, for the purpose of self-defence, and for the reimbursement of expenses already incurred on account of the United States.

“3. That it is expedient to recommend to the several state legislatures certain amendments to the constitution, viz.,—

“That the power to declare or make war, by the Congress of the United States, be restricted.

“That it is expedient to attempt to make provision for restraining Congress in the exercise of an unlimited power to make new states, and admit them into the Union.

“That an amendment be proposed respecting slave representation and slave taxation.”

On the 29th of December, 1814, it was proposed “that the capacity of naturalized citizens to hold offices of trust, honor, or profit ought to be restrained,” &c.

The subsequent proceedings are not given at large. But it seems that the report of the committee was adopted, and also a recommendation of certain measures (of the character of which we are not informed) to the states for their mutual defence; and having voted that the injunction of secrecy, in regard to all the debates and proceedings of the convention, (except so far as relates to the report finally adopted,) be continued, the convention adjourned sine die, but as was supposed, to meet again when circumstances should require it.

[82]. I refer to the authority of Chief Justice Marshall in the case of Jonathan Robbins. I have not been able to refer to the speech, and speak from memory.

[83]. In this extended abstracts are given and data references omitted not applicable to these times.

[84]. Speech at the Tabernacle, New York, February 10, 1843, in public debate on this resolution:—

Resolved, That a Protective Tariff is conducive to our National Prosperity.

Affirmative: Joseph Blunt,

Horace Greeley.

Negative: Samuel J. Tilden,

Parke Godwin.

From Greeley’s “Recollections of a Busy Life.”

[85]. All the series were published in 1860 by Follet, Foster & Co., Columbus, Ohio.

[86]. The dominion of Canada has since imposed compound duties upon a large number of articles.

[87]. In the British Almanac of 1881 it is stated that meat is eaten in Ireland by only 59 per cent. of the farm laborers, and in quantity only four and one-half ounces per week.

[88]. The portion of this clause within brackets has been amended by the 14th amendment, 2nd section.

[89]. This clause has been superseded and annulled by the 12th amendment.

[90]. From W. J. McDonald’s “Constitution, Rules and Manual.”

[91]. New Jersey withdrew her consent to the ratification April —, 1868.

[92]. Oregon withdrew her consent to the ratification October 15, 1868.

[93]. Ohio withdrew her consent to the ratification January —, 1868.

[94]. North Carolina, South Carolina, Georgia, and Virginia had previously rejected the amendment.

[95]. New York withdrew her consent to the ratification January 5, 1870.

[96]. Ohio had previously rejected the amendment May 4, 1869.

[97]. New Jersey had previously rejected the amendment.

[98]. This arrangement is changed by the 8th rule.

[99]. The former practice of the Senate referred to in this paragraph has been changed by the following rule:

[The final question upon the second reading of every bill, resolution, constitutional amendment, or motion, originating in the Senate and requiring three readings previous to being passed, shall be, “whether it shall be engrossed and read a third time?” and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment, or motion, unless by unanimous consent of the members present; but it shall at all times be in order before the final passage of any such bill, resolution, constitutional amendment, or motion, to move its commitment; and should such commitment take place, and any amendment be reported by the committee, the said bill, resolution, constitutional amendment, or motion, shall be again read a second time, and considered as in Committee of the Whole, and then the aforesaid question shall be again put.—Rule 26.]

[100]. This rule has been modified so as to specify the questions entitled to preference. The rule is now as follows:

Rule 43. When a question is under debate, no motion shall be received but to adjourn, to adjourn to a day certain, or that, when the Senate adjourn, it shall be to a day certain; to take a recess, to proceed to the consideration of the executive business, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to amend: which several motions shall have precedence in the order in which they stand arranged, and the motions relating to adjournment, to proceed to the consideration of executive business, and to lay on the table, shall be decided without debate.

[101]. In filling up blanks, the largest sum and longest time shall be first put. Rule 32.

[102]. The rule now fixes a limitation.

[103]. This rule has been so amended as to except Indian treaties; which shall be considered and acted upon in open Senate, unless the same shall be transmitted by the President to the Senate in confidence.

[104]. This rule has since been modified by the U. S. Senate.

[105]. Liable to arrest for misdemeanor.

[106]. Also punishable as a misdemeanor. Banks forfeit interest only, or double the interest if charged in advance.

[107]. Also 6% on judgments.

[108]. The figures in this column mark the terms held by the Presidents.

[109]. Acting Vice-President and President pro tem. of the Senate.

[110]. Not voting—Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia.

[111]. Not voting—Mississippi, Texas, and Virginia.

[112]. Seventeen votes rejected, viz.: 3 from Georgia for Horace Greeley (dead), and 8 from Louisiana, and 6 from Arkansas for U. S. Grant.

[113]. Not a Cabinet officer, but a subordinate of the Treasury Department until 1829.

[114]. Naval affairs were under the control of the Secretary of War until a separate Navy Department was organized by Act of April 30th, 1798. The Acts organizing the other Departments were of the following dates: State, September 15th, 1789; Treasury, September 2d, 1789; War, August 7th, 1789. The Attorney-General’s duties were regulated by the Judiciary Act of September 24th, 1789.

[115]. Secretary Windom died Jan. 29, 1891, and was succeeded by Charles Foster, Ohio.

[116]. Candidates from Southern States.

[117]. Resigned.

[118]. Presided one term of the court; appointment not confirmed by the Senate.

[119]. The Supreme Court, at its first session in 1790, consisted of a Chief Justice and five Associates. The number of Associate Justices was increased to six in 1807 by the appointment of Thomas Todd; increased to eight in 1837 by the appointments of John Catron and John McKinley; increased to nine in 1863 by the appointment of Stephen J. Field; decreased to eight on the death of John Catron in 1865; decreased to seven on the death of James M. Wayne in 1867; and again increased to eight in 1870, with a view to get the legal tender decision—a policy for such precedents are found in the governments of England and France.

[120]. These do not include the militia that were brought into service during the various invasions of Lee’s armies into Maryland and Pennsylvania.

[121]. Colored Troops organized at various stations in the States in rebellion, embracing all not specifically credited to States, and which cannot be assigned.—Adjutant-General’s Office, Washington, November 9, 1880.

TRANSCRIBER’S NOTES

  1. Silently corrected obvious typographical errors and variations in spelling.
  2. Retained archaic, non-standard, and uncertain spellings as printed.
  3. Reindexed footnotes using numbers and collected together at the end of the last chapter.
  4. Renumbered pages to avoid duplicates as follows: Book II added 2000, Book III added 3000, Book IV added 4000, Book V added 5000, Index added 6000.