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[References are to pages.]

responsibility of public officials for acts done with, 1312.


from federal to state courts, 144.
to compel action by state officials, 1074, 1077, 1079.
to reinstate in office, 1186.
to compel administrative action, 1296.
in place of appeal, 1298.
power of courts of District of Columbia to grant, 1299.
to the president, 1300.
to head of executive department, 1304.
to compel obedience to order of administrative superior, 1311.


taxation in aid of, 585.
not a part of commerce, 640, 752.
federal power to incorporate, companies for, in the States, 764.

Marine Insurance

not commerce, 635.

Maritime Jurisdiction of United States

see “Admiralty.”

Marque and Reprisal

letters of, power of Congress to grant, 798.

Marriage and Divorce

relation of, to Full Faith and Credit Clause, 205.

Martial Law

compatible with republican form of government, 161.
defined, 1228.
a form of police power, 1229.
does not abrogate civil law and civil law guaranties, 1234,
distinguished from military government, 1236.
martial rule and war distinguished, 1238.
powers of military commander in times of domestic disorder, 1240.
in time of civil war, 1241.
jurisdiction of military tribunals outside of theater of war, 1244.
see “Military Law.”


surrender of lands by, 326.

Maysville Turnpike Bill

veto of, 588.


treaty of United States with, 393, 419, n.

(References are to pages.]
Military Commander

powers of, in times of domestic disorder, 1240.

Military Government

of Territories, 380.
in Cuba, 389, n.
authority of, as to levying of customs duties, 400.
of foreign territory, 1217.
of hostile domestic territory, 1219.
of domestic territory in times of peace, 1221.
distinguished from martial law, 1236.
see “ Military Law.”

Military Law

in conquered territory, 387.
definition of, 1190.
the government of army and navy by, 1191.
Articles of War, 1192.
obligations imposed by, 1193.
powers of military commander, 1196.
courts-martial, 1197.
jurisdiction of courts-martial over civil offenses, 1200.
power of Congress to vest exclusive jurisdiction in military courts, 1200.
powers of commander-in-chief of army, 1207.
declaration of war, 1208.
organization and disciplining of the militia, 1213.
use of militia by Federal Government, 1214.
suppression of domestic disorder, 1215.
government of foreign territory, 1217.
protection of military persons for acts committed under, 1252.

Military Occupation

effect of, on status of inhabitants, 245.
annexation of territory by, 380.

Military Tribunals

jurisdiction of, outside of theater of war, 1244.


power of States to maintain, 846.
organization and disciplining of, 1213.
use of, as arm of Federal Government, 1214.
use of, to suppress domestic disorder, 1215.

Milligan Case

examined and criticized, 1244.

Ministerial Acts

mandamus to compel performance of, 1297.

[References are to pages.]

Misprision of Treason

defined, 840.

Modus Vivendi

power of president to enter into a, 471.


power of Congress to appropriate, 588.


constitutional views of, 589, n.

Monstrans de Droit

function of, 1062.


taxation of, 960.


legislative, not subject to judicial inquiry, 18.


taxation of, 954.

Municipal Corporations

distinction between public and private functions of, 117, n.
exemption of property of, from federal taxation, 114.



see “ Citizenship.”

National Banks

taxation of, 92, 108.
taxation of circulating notes of, 107.
regarded as citizens of States in which located for purposes of juris-

diction in federal courts, 986.

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nature of, 267, 277.
by statute, 280.
determining conditions of, a legislative function, 281.
granting of, a judicial function, 28).
retroactive effect of, 283.
by annexation of territory and by treaty, 284.
of Indians, 367.
federal power of, exclusive, 774.




[References are to pages.]

Natural Laws

force of, 41.

Navigable Waters

federal control of, 768.


test of admiralty jurisdiction, 1108.


federal control of, under Commerce Clause, 652.


obligations assumed by enlistment in, 1193.
see “ Military Law.”

Neagle Case

doctrine of, 135, 1152.


of treaties, powers of Senate in, 458.


may not be excluded from jury service, 188.
status of, in 1789, 265, n.

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Necessary and Proper

constitutional meaning of, 58.
Marshall's interpretation, 59.

New Mexico

treaty provisions as to status of inhabitants of, 333.
government of, 364.

New Orleans

riots in, 254.


to office, 1176.

Non-contiguous Territory

power to annex, 338.


circulating, of national banks, taxation of, 107.


required in assessment of taxes, 621, C25.

[References are to pages.]
Northwest Territory

ordinance for government of, 239, 325, 332, 362.

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military, 245, 1218.
annexation of territory by, 380.


federally licensed, state taxation of, 101.


public, not a property or contract right, 166.
suits between claimants to, 168.
federal, definition of, 528.


injunction to prevent removal of, 1185.
mandamus to reinstate, 1186.
power of state governors to remove, 1187, n.
federal, appointment and removal of, 1174.
of United States, defined, 1175.
inferior federal, 1175.
nomination of, 1176.
power of Congress to appoint, 1178.
civil service requirements as to appointment of, 1180.
removal of, 1181.
Congress may control removal of inferior federal, 1185.
taxation of federal, 1176.
liability of the State for acts of, 1309.
liability of, to private individuals, 1310, 1312.


constitutionality of laws regulating, 23, 694.
taxation of, 580.
administrative ordinances relating to, 1328.


administrative, power to issue, 1318.
establishing railway rates, 1323.

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