INDEX.

A.

ACTS OF CONGRESS. See CONGRESS; STATUTES.
ACTS OF THE LEGISLATURE. See STATUTES.
ADMIRALTY JURISDICTION,

growth of, in the United States, 1003, 1005.

extends beyond the ebb and flow of the tide, 1004.
includes contracts relating to navigation and torts committed on
the high seas, and such navigable waters of the United States
as are channels of foreign and interstate commerce, 1004, 1014.
does not include work done and materials furnished for construction
of vessel, 1020.

relation to the power to regulate foreign and interstate commerce,
1006.

may attach to vessels trading between ports of the same State, 1007.
covers injuries to vessels by obstructions in the channel, 1010.
but not injuries by vessels to bridges or other fixed structures, 1015.
exclusive of common law courts when proceeding is in rem, but not
where it is in personam, 1016.

will not attach to vessel that has been levied on by sheriff, 1017, 1019.
death occasioned by negligence, 1021.

in controversies among foreigners, 1016.

may be exercised in rem though not in personam for cause that has
been brought in State court, 1017.

AGENCIES OF GOVERNMENT,
municipal corporations are, 627.

See MUNICIPAL CORPORATIONS.

may not to be taxed by Congress, 265.

AMBASSADORS. See FEDERAL COURTS.

AMBIGUITY,

in statutes construed in favor of the public, 661.

AMENDMENTS TO THE CONSTITUTION, 1333.

method of, a mark of the relative inferiority of the States, 30.

VOL. II.— -44

AMENDMENTS TO THE CONSTITUTION — continued.

amendments operate as restraints on the United States, or the States,
and do not enlarge the powers of the United States over indi-
viduals where such is not manifestly the intention, 533, 540.
the first eleven intended to limit the powers of the federal govern-
ment, 506, 1041.

the constitutional prohibitions in the amendments apply exclusively
to the United States unless they are so worded as to include the
States, 508.

causes of the adoption of the Thirteenth, Fourteenth, and Fifteenth,
509.

APPORTIONMENT. See ASSESSMENT.

of taxes, 315.

taxation and assessment imply, 315.

APPRAISAL. See EMINENT DOMAIN; TAXATION.

APPROPRIATION,

of private property for public use, see EMINENT DOMAIN.
ARMS,

right to bear, neither conferred by the Second Amendment nor
protected by it against the States, 521.

ARTICLES OF CONFEDERATION, 1311. See CONFEDERATION.
ARTICLES OF WAR. See WAR.

ASSESSMENT. See also TAXATION, EMINENT DOMAIN, HIGHWAYS,
STREETS.

assessor's duty judicial, 312.

owners entitled to a hearing, 315–317.
for local improvements, 301-317.
apportionment necessary in cases of, 315.
must be in proportion to benefits, 317.
for drainage, 287, 342, 344, 871.

ATTAINDER. See BILLS OF ATTAINDER.

ATTORNEY AT LAW.

jury trial not necessary in proceedings to disbar, 873.

on the power of the crown to dismiss the ministry, 192.

BANKRUPT LAW,

power of a State to enact, 97, 532.

Congress may pass, though rights arising ex contractu may be im-
paired, 755.

BANKS,

power of Congress to incorporate, see CORPORATIONS.

States cannot tax banks incorporated by Congress, 355, 358.

incorporation of the Bank of the United States, 106, 1261, 1270, 1299.
stockholders of national banks may be taxed for the value of their
shares, 259.

taxation of State bank-notes by general government, 266, 271.

disorder and insufficiency of the currency issued by State banks, 268,
1261.

establishment of the national banking system, 268, 1273, 1275.

on dissolution of a bank the assets are charged with a trust for its cred-
itors, although the stock is wholly or partially held by a State, 636.
BASTARDS,

may be legislatively empowered during their mother's life to share
in her estate at her death, 825, 846.

BEARING ARMS. See ARMS; MILITIA.

BEDFORD,

in the Constitutional Convention, 34.

BENEFITS. See also EMINENT DOMAIN; TAXATION.

may be taken into account in assessment for local improvements, 349.
BILL OF REVIEW,

right to, cannot be revived after it has expired by lapse of time, 838.

BILL OF RIGHTS,

first ten amendments in the nature of, 506.

BILLS OF ATTAINDER,

definition of, 551, 556.

power of Parliament to pass, 213.

inconsistent with the principles of Magna Charta, 544.

passed by the Colonies, 546.

forbidden by the Constitution, 547.

prohibition of, cannot be evaded by inflicting the penalty on a class
instead of individually or providing that the accused may exon-
erate himself by oath, 552.

distinguished from ex post facto laws, 548.

distinguished from bills of pains and penalties, 549.

retroactive infliction of disfranchisement or professional disqualifica-
tion invalid, 549.

BILLS OF EXCHANGE,

power of Congress to legislate in reference to, 443.

State control of foreign, 479.

BILLS OF LADING,

State tax on, for goods shipped to another State invalid, 480.

BILLS OF PAINS AND PENALTIES,

power of Parliament to pass, 213.

distinguished from bills of attainder, 549.

issue of, by municipalities to aid manufacturers within their limits,
278.

mandamus may issue to compel municipal corporations to levy a tax
to pay, 647, 696.

irregularly issued by municipal corporations may be confirmed by
legislation, 807.

BOROUGH AND TOWN REPRESENTATION,

in Parliament, 151, 153.

in the States General of France, 152.

in the Castilian Cortes, 152.

in Aragon, 152.

BORROWING MONEY. See also BANKS.

constitutional power of Congress, 1250-1253.

relation of to making paper money a legal tender, 1251–1255.
does not authorize forced loans, 1251-1253, 1308.

BRIBERY,

in England and the United States, 205, 208, 229.

statutory grant cannot be set aside because it was procured by, 736.
BRIDGES,

erection of, over navigable rivers, 457, 487.

like ferries, within the police power of the States as incident to high-
ways, 497.

may be abated by federal courts where hindering navigation, 490.
Congress may and the States may not sanction such bridges, 457,
487, 497.

grant of exclusive right to build, 354, 609, 783.

subject to right of eminent domain, 354.

BUCHANAN,

message of December 3, 1860, on Federal coercion of a seceding
State, 61, 62.

BURIALS,

restriction on, under the police power, 617, 652.

nature of interest in burial lots, 651.

C.

CABINET OFFICERS,

the question of making them responsible to Congress considered, 175.
See PARLIAMENTARY GOVERNMENT.

CALHOUN,

relation to the doctrine of nullification, 134.

CAMDEN, LORD,

on unreasonable searches and seizures, 831-833.
CARRIERS. See RAILROADS.

regulation of rates of, 478, 611, 667, 768, 771.

INDEX.

1343

CAUCUS,

nomination by, 220.

CEMETERIES,

further use of, may be prohibited under police power, 617, 652.
CHANGE OF GRADE OF STREETS. See also STREETS
compensation for, 394, 401.

in Pennsylvania compensation allowed by statute, 420.
CHARTER. See CORPORATIONS.

CHATHAM, EARL OF,

on the character of the American colonists, 6

reference to America as a unit, 12.

on the right of Americans to resist, 66.

efforts for reform, 202.

on the distinction between the legislative and judicial functions, 545.
on regulation of commerce as distinguished from taxation, 459.
CHOSES IN ACTION,

are property, 824, 827, 1280.

CITIZENS. See also FEDERAL COURts.

discrimination against citizens of other States in taxation, 253, 323.
corporations chartered by other States, 276, 462, 480, 515.

citizenship, how acquired, 516.

citizens of each State may become citizens of every other by residence,
517, 519.

citizenship of the United States as distinguished from citizenship in
the several States, 518, 521.

power to naturalize is exclusively vested in Congress, 529.

can a State confer the right of citizenship or the suffrage on aliens,
521, 529.

Dred Scott case, 516, 1146.

negroes citizens by virtue of the Fourteenth Amendment, but not
under the Constitution as originally framed, 516.

naturalization limited to white men, 516.

Fourteenth Amendment as bearing on citizenship, 517.

the citizens of each State entitled to all the privileges and immunities
of citizens in the several States, 512, 516.

CIVIL RIGHTS,

admission on equal terms to hotels, theatres, and railway trains not
guaranteed by the Constitution except against the States, and then
only when the exclusion is on account of race or color, 541.
Civil Rights Bill an unconstitutional exercise of the police power by
Congress, 534.

CIVIL SERVICE EXAMINATIONS,

as a means of curtailing the President's patronage, 175.
CIVIL SERVICE REFORM,

a practical question, 231.

established in England, 234, 236.