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granting commissions which shall expire at the end of

their next session

This clause discussed; various opinions; how the
vacancy may occur; "that may happen" defined; limi-
tation of the power; may act on the neglect of the
Senate, n. 185. Length of the commission; the concur-
rence of the Senate at the expiration of former commis-
sion makes a new appointment, n. 186.

VALIDITY of contracts or engagements. All debts contracted, and
engagements entered into, before the adoption of this
Constitution, shall be as valid against the United States
under this Constitution, as under the Confederation......
A principle of moral obligation, n. 237.

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

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To coin" defined; a treasury note only a promise to
pay money; "currency" is not "money" a contract
satisfied by payment of legal tender, n. 97. "Money"
defined; coin has no pledge of redemption, n. 98. Regu-
late the value defined; vested exclusively in Congress,
n. 99. Restrictions as to legal tender; intrinsic value of no
consequence, n. 100.

VALUE in controversy. In suits at common law, when the valuo
in controversy shall exceed twenty dollars, the right of
trial by jury shall be preserved, &c. Amendments...

Suits at common law" defined; limitation of the
phrase "common law" defined; trial by jury, for
whose benefit, n. 263.

VAN BUREN, MARTIN. President of the United States, n. 166.
VAN DYKE, NICHOLAS, of Delaware. Signed Articles of Confed-
eration, p. 21.

House of Representatives,
Senate, pro tempore, n. 38,

VARNUM, JOSEPH B. Speaker of the
n. 26. And President of the
p. 79.
VERMONT. Qualifications for suffrage in, n. 17, Number of repre-
sentatives, n. 24. Population in each decade, n. 24, pp.
69. 70. Assigned to second judicial circuit, n. 197. Ad-
mitted into the Union, n. 250. Ratified the thirteenth
amendment, n. 274; the fourteenth, n. 275.

VESSELS. No preference shall be given by any regulation of
commerce or revenue to the ports of one State over those
of another; nor shall vessels bound to or from one State
be obliged to enter, clear, or pay duties in another...

VEST.

"Preference" defined, n. 147. The coasting trade,

n. 148.

Congress may by law vest the appointment of such
inferior offices as they think proper in the President
alone, in the courts of law, or in the heads of depart-
ments...

Clerks of court and commissioners of bail are such offi-
cers, n. 183.

VESTED in 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 government of the
United States, or in any department or office thereof.....
"Necessary" defined; not synonymous with "absolutely
necessary Congress must judge of the means to effect
the end; "power" defined, full import of the clause;
"proper" defined; incidental powers, n. 138, p. 139.
VESTED in a President. The executive power shall be vested in a
President of the United States of America..


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(See President.)

VESTED in one Supreme Court. The judicial power of the United
States shall be vested in qne Supreme Court, and in such

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82, 162

inferior courts as the Congress may from time to time
ordain and establish..

"Judicial power" defined and discussed; "shall be
vested" defined; divisions of power; Supreme Court
defined, n. 195. Inferior courts, n. 196. List of Justices
of the Supreme Court, n. 197, pp. 191–194.

(See Supreme Court.)

VESTED in a Congress. All legislative powers herein granted shall
be vested in a Congress of the United States, which shall
consist of a Senate and a House of Representatives....
"Legislative power' "defined, n. 14. Congress defined;
the division of Congress discussed, n. 15.
VESTED rights. (See Contract, notes 152-160.
House of Representatives.)

VETO Power of the President. (See President.).

See Senate, and

"Veto power" defined; objects of; infrequency of use
in former times; President Jackson's vetoes; President
Polk's vetoes; President Johnson's vetoes; "Freedman's
Bureau Bill" successfully vetoed; "Civil Rights Bill" and
Reconstruction acts vetoed, n. 67, p. 92. President John-
son's opinion as to unconstitutionality of the various
vetoed acts; "two-thirds defined; decision of the Senate
on & quorum," n. 68. The President must receive the
bill ten entire days before adjournment, or else it does not
become law, n. 69.

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VICE-PRESIDENT shall have no vote in the Senate unless they be
equally divided, or when he shall exercise the office of
President of the United States..

VICE-PRESIDENT. The Senate shall choose a President pro tempore

List of Vice-Presidents, n. 37.

in the absence of the.

List of presiding officers, n. 38.

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VICE-PRESIDENT. The President shall hold his office during the
terin of four years, and, together with the Vice-Presi-
dent, chosen for the same term, be elected as follows.
Amendments..
VICE-PRESIDENT of the United States. Qualification required as
Vice-President same as for President of the United States. 12
VICE-PRESIDENT. In case of the removal of the President from

office, or of his death, resignation, or inability to discharge
the powers and duties of the said office, the same shall
devolve on the Vice-President; and the Congress may by
law provide for the case of removal, death, resignation,
or inability, both of the President and Vice-President, de-
claring what officer shall then act as President, and such
officer shall act accordingly, until the disability be re-
moved, or a President shall be elected..

List of Vice-Presidents, who have become Presidents,
n. 172.

VICE-PRESIDENT shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high crimes
and misdemeanors..

(See Impeachment, notes 39, 40, 191-194.)

VICE-PRESIDENT of the United States. Election of Vice-President
of the United States. Amendments.......
(See Election.)

VICE-PRESIDENT. The lists of votes of electors of President and
Vice-President shall be directed to the president of the
Senate. Amendments

VICE-PRESIDENT. The president of the Senate shall, in presence of
the Senate and House of Representatives, open all the
certificates of the electors of President and Vice-President
of the United States. Amendments....

VICE-PRESIDENT. 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, as in the

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34, 169

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case of the death or other constitutional disability of the
President. Amendments..
VICE-PRESIDENT. The person having the greatest number of votes
as Vice-President shall be the 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. Amendments..

VICE-PRESIDENT. But no person, constitutionally ineligible to the
office of President, shall be eligible to that of Vice-Presi-
dent of the United States. Amendments...
VIOLATED. The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated. Amendments....

(See Houses-Searches, n. 251, 252.)

VIRGINIA. Signed the Declaration of Independence, p. 7. One of
the Confederation, p. 9. Signed Articles of Confederation,
p. 21. Signed Constitution of the United States, pp, 41, 42,
252. Qualifications for suffrage, n. 17.
VIRGINIA. Entitled to ten representatives in the first Congress..

Eleven representatives by the census of 1860 (now
eight), n. 24. Population of, in several decades. n. 24, pp.
69, 70. Assigned to fourth judicial circuit, n. 197, p. 193.
History of, during the rebellion, n. 235. West Virginia
carved out of Virginia, notes 24, 230, 235, 276. Ratified
the thirteenth amendment, n. 274. Rejected the four-
teenth, n. 275. One of the rebel States, n. 277, § 1. Its
government declared provisional, n. 276, p. 286, § 1. Num-
ber of the registered voters in, n. 278.

VIVA VOCE Vote. The senators shall be elected by, n. 80.
VOTE. The senators shall be elected by a viva voce vote, n. 30.
VOTE.

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Each senator shall have one..

VOTE. The Vice-President shall have no vote unless the Senate
be equally divided...

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VOTE. Every vote to which the concurrence of the Senate and
House of Representatives may be necessary (except on a
question of adjournment), shall be presented to the Presi-
dent. (See Resolution.)..

VOTE. But when the right to vote at any election for the choice
of electors for President and Vice-President of the United
States, representatives in Congress, the executive and
judicial officers of a State, or the members of the legis-
lature thereof, is denied to any of the male inhabitants of
such State, being twenty one years of age, and citizens of
the United States, or in any way abridged, except for par-
ticipation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion in
which the number of such male citizens shall bear the
whole number of male citizens twenty-one years of age in
such State. Amendments

VOTES in the two houses of Congress, on passage of any bill,
order, resolution, or vote, returned with objections by the
President, shall be taken by yeas and nays.

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VOTES of electors of President and Vice-President.

The bill must be returned in ten days; "veto" de-
fined, n. 67. Various vetoes cited, n. 67.

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Place and

manner of giving the votes. Lists of votes to be made,
signed, certified, transmitted sealed to the seat of govern-
ment, directed to the president of the Senate, to be opened
and counted by that officer in the presence of the Senate
and House of Representatives. The number necessary to
a choice. The day on which electoral votes shall be
given throughout the United States. Amendments.
VOTES taken by States. In choosing the President by the House
of Representatives, the votes shall be taken by States, the

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representation from each State having one vote. Amend-
ments..
VOTES in the rebel States upon their new constitutions, n. 276,
p. 283, § 5. How to be expressed, Id. p. 284, § 3. List of, to
be kept, n. 276, p. 285, § 4.

WADE, BENJAMIN. President of the Senate, pro tempore, n. 38,
p. 81.

WALTON, GEORGE, of Georgia. Signed Declaration of Independ-
ence, p. 7.

WALTON, JOHN, of Georgia. Signed Articles of Confederation,
p. 21.

WAR.

Congress shall have power to declare war, grant letters of
marque and reprisal, and make rules concerning captures
on land and water

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WAR. Congress shall have power to make rules ("rules and
articles of war") for the government of the land and
naval forces

"To make rules" defined; where to be found, n. 129.
WAR. 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.

WAR. 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, n. 215. An actual levying of war
necessary; no conviction unless presence at; levying
proved; "levying war" defined, n. 215.

Amendments..

WAR. No soldier shall be quartered in any house in time of war,
but in a manner to be prescribed by law.
"Soldier" defined; "quartered" defined, n. 250. Object
of the provision. "Owner" defined, n. 250.

WAR. No person shall be held to answer for a capital or other-
wise infamous crime, unless on a presentment or indict-
ment of a grand jury, except in cases arising in the land
or naval forces, or in the militia when in actual service, in
time of war or public danger. Amendments...

66

'Capital or infamous crime" defined: ; "presentment,"
"indictment," "grand jury," defined; military juris-
diction, notes 253, 254.

WARRANTS. No warrants shall issue but upon probable cause,
supported by oath or affirmation, and particularly describ-
ing the place to be searched, and the persons or things to
be seized. Amendments...

"Warrant" defined; limitation of, n. 252.

WASHINGTON, BUSHROD. Associate Justice of the Supreme Court,
n. 197, p 193.

WASHINGTON, GEORGE, of Virginia. President of the Convention;
signed the Constitution, pp. 41, 252. President of the
United States, n. 166. Delivered his first message to
Congress orally, n. 187.

WAYNE, JAMES M. Associate Justice of the Supreme Court, n.
197, p. 193.

WE the people establish this Constitution. Preamble.

"We the people" defined; synonymous with "citizens;"
not a majority; negroes not included, but made citizens
by Civil Rights Bill, n. 6.

WEIGHTS and measures. Congress shall have power to fix the
standard of weights and measures.

"Fix" defined; "standard" defined, n. 101.

Standard

pound of United States, how, and how often, regulated;
standard of spirit weight; act to authorize metric system;

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metric measures of length, surface capacity, weight,
n. 103, pp. 116-118.

WELFARE. Constitution established to promote the general welfare.
Preamble...

This phrase defined; date of insertion, n. 11. One of
the enumerated powers of Congress; Story's definition of
the phrase, n. 80.
WELFARE. Congress shall have power to promote the general
welfare.

Defined; Judge Story's explanation; the power and the
purpose discriminated; limitation of the power, n. 80.
WENTWORTH, Jr., JOHN, of New Hampshire. Signed the Articles
of Confederation, p. 21.

WEST VIRGINIA. Qualifications for suffrage in, n. 17. Three repre-
sentatives, n. 24. Assigned to fourth judicial circuit,
n. 197. Carved ont of Virginia, n. 235. Its conduct during
the war, Id. Ratified the thirteenth amendment, n. 274;
the fourteenth, n. 275.

WHIPPLE, WILLIAM, of New Hampshire. Signed Declaration of
Independence, p. 7.

WILLIAMS, JOHN, of North Carolina. Signed the Articles of Con-
federation, p. 21.

WILLIAMS, WILLIAM, of Connecticut.

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pp. 42, 252.

Signed Declaration of Inde-

Signed the Constitution,

WILSON, JAMES, of Pennsylvania. Signed the Constitution, pp.

42, 252.

WINTHROP, ROBERT C. Was Speaker of the

tatives, n. 26.

House of Represen-

WISCONSIN. Qualifications for suffrage, n. 17. Six representatives
n. 24. Population in each decade, n. 24, pp. 69, 70. As-
signed to seventh judicial circuit, n. 197, p. 192. Ad-
mitted into the Union, n. 230. Ratified the thirteenth
amendment, n. 274; the fourteenth, n. 275.
WITHERSPOON, JOHN, of New Jersey. Signed Declaration of
Independence, p. 7. And the Articles of Confederation,
p. 21.

WITNESS against himself. Nor shall any person be compelled, in
any criminal case, to be a witness against himself. Amend-
ments....

This would be contrary to republican principles; con-
fined to criminal cases, n. 256.

WITNESSES against him. In all criminal prosecutions, the accused
to be confronted with the witnesses against him. Amend-

ments..

"Accused" defined, n. 260.

WITNESSES in his favor. In all criminal prosecutions, the accused
to have compulsory process for obtaining witnesses in his
favor. Amendments..

"Compulsory process" defined, n. 261.

WITNESSES.

No person shall be convicted of treason, unless on
the testimony of two witnesses to the same overt act, or
on confession in open court..

Refers to proofs on trial, and not to preliminary hearing;
"overt act treason" defined, n. 216.

WOLCOTT, OLIVER, of Connecticut. Signed Articles of Confedera-

tion, p. 21.

WRIT of habeas corpus. The privilege of the writ of habeas
corpus shall not be suspended unless, when in cases of
rebellion or invasion, the public safety may require it....
"Privilege" defined; Bates's opinions on President's
suspension of the writ, n. 140. Habeas corpus defined;
the President not amenable to the writ; a writ of uni-
versal right ex merito justitiæ; when first suspended;
When the federal courts may issue the writ; the power
of the State courts to issue, n. 141, pp. 141, 142.
Can only
bo suspended by act of Congress. The power of the State

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