Active, The, case of, 219-22, 341.
Adams, John, Massachusetts delegate to first
Continental Congress, 23; views of, re-
specting Navigation Acts and Acts of
Trade, 26; seconded Lee's motion for a
declaration of independence, 29; seconded
motion for appointment of Washington as
commander-in-chief, 29; member, drafting
committee, Declaration of Independence,
29, 30, 30 note; on southern States, 41;
on Massachusetts act of November 10,
1775, establishing a prize jurisdiction,
216.
Adams, Samuel, leader, Massachusetts House

of Representatives, 23; delegate to first
Continental Congress, 23; in favor of
amendments to Constitution, 310.
Admiralty Courts, in colonies, 213, 218; pro-
visions for, under Confederation, 214 et
seq.; of Pennsylvania, verdict, case of The
Active, 220, 221; appeal to Congress from,
221; appeal from, to Court of Appeals
in Cases of Capture, 224.

Admiralty jurisdiction, judicial power of
United States extends to cases of, 212,
447, 499; law obtaining in courts of, 447,
460; District Court of United States a
court of, 447-8.

Admission of new States, provision for, Ran-
dolph plan, 159; provision for, Patterson
plan, 178; the Northwest Ordinance, 286-8;
compact between people of States and of
Northwest Territory, 288-91; attitude of
large States toward, 291; debate concern-
ing, in Federal Convention, 293-4; equality
of new States, 294; rights of existing
States safeguarded, 294; right of Con-
gress to govern territories until their ad-
mission to union, 295.

Adventurers and Planters of the City of
London for the First Colony in Virginia.
See London Company.

Albany Congress, 1754, proposed by Great

Britain, 11; colonies represented at, 11;
sentiment for union in, 11; adoption of
Franklin's plan by, 11. See also Frank-
lin's Plan, 1754.

Albany Plan. See Franklin's Plan, 1754.
Ambassadors, how nominated and appointed,

199, 273-4; received by president, 199;
power of judiciary to pass upon cases af-

fecting, 212, 256, 262, 263, 398, 399, 403,
416-17.
Amendments, to State constitutions, 139; to
Articles of Confederation, 53-4, 57, 145-7.
Amendments to Constitution, first ten, a bill
of rights, 46, 137, 324 et seq; provi-
sions for, 159, 299-300; unanimous con-
sent of States not necessary, 299; right
of small States to equality not subject
to, 300; methods of, 300 et seq.; power
to make, 304-5; Constitution ratified by
certain States under condition of, 309 et
seq.; moved in first session of Congress
under Constitution, 323 et seq.; respect-
ing a bill of rights, 324; respecting rela-
tion of States to union, 325; before the
Senate, 326; added to text of Constitu-
tion, 326; value of, 330; eleventh amend-
ment, respecting immunity of States from
suit, 465; ratification of, by States, 572-6
notes; text of, 572-6

Ames v. Kansas, case of, 416-18.
American Revolution, object of, 10; Monroe
on causes of success of, 33; English atti-
tude respecting relations with colonies,
cause of, 66; colonies independent of each
other before, 125; results of, confirmed by
adoption of Constitution, 126; steps taken
to prevent anarchy during, 129-30.
Anarchy during Revolution, steps taken to
prevent, 129-30.

Annapolis Convention, 1786, convocation of,

56, 145; delegates to, 56; unauthorized by
Congress, 56, 57; only five States rep-
resented at, 56, 146; another conven-
tion proposed by, 57-8, 151, 166; recom-
mended framing of a Constitution, 130,
146, 150; demands of commerce and navi-
gation considered by, 145-6, 166.
Anne, Queen, affirmed report of Commis-
sion, case of Penn v. Baltimore, 124.
Appeal, Courts of, in Delaware, 126, 139;
of colonies in general, 133, 138; in New
York, 139; in Virginia, 405. See also
Court of Appeals in Cases of Capture.
Appeal, Lords of, opinion of, respecting a
local law contrary to English common
law, 97, 121.

Appeals, Congressional Committee on. See
Committee on Appeals.

Appeals from the Plantations. See Com-

mittee for Hearing Appeals from the Plan-
tations.
Arbitration, considered in relation to estab-
lishment of Supreme Court, 270; submis-
sion of political questions to, 270-1, 271
note.

Aristotle on justice, 211, 213.
Arkansas, constitution of, 457-8.
Army, power of Congress to raise and main-
tain, 43, 167; president commander-in-chief
of, 167, 197; not to be kept by States in
time of peace, 210, 212.
Arnold, Welcome, member of court, case
of Pennsylvania v. Connecticut, 232, 233.
Articles of Confederation, Dickinson's draft
of, 18, 40, 41-2, 237; union created by, 34,
58-60; independence regulated by, 40; rati-
fication of, 40, 50, 53, 58, 59, 210, 214, 292,
292 note, 305; existing forms of, 41; sum-
mary of, 42-5; treaty-making provisions
under, 43, 44, 49, 198 note, 248; legisla-
tive powers conferred by, 43 et seq., 137,
160, 173, 341; executive powers conferred
by, 43 et seq., 160, 341; judicial powers
conferred by, 44, 45, 109, 119 note, 126,
160, 210 et seq., 229 et seq., 247-9, 268-9,
341-2, 455-7; defects of, 45-6, 145, 157, 160,
165-6, 194, 200, 247-9, 305; excellences of,
46-7; revision of, original purpose of
Federal Convention, 47, 53, 57-8, 130, 160,
247, 299; international significance of, 47;
Madison's summary of the weakness of,
47-53; dissatisfaction concerning, 53; four
proposals to amend, 53-4; replaced by Con-
stitution, 53, 58, 130, 147, 161; amendments
to, 57, 145-7, 299; a reversion to written
charters, 84; certain provisions of, incor-
porated into Constitution, 131; equality of
votes of States under, 151, 152; correc-
tion and enlargement of, proposed by Ran-
dolph, 158-9; certain rights of States re-
nounced by, 160, 210; Patterson plan a
revision of, 164, 177-8; part of the "law
of the land" of each State, 277; text of,
494-502. See also Confederation.
Assemblies. See Representative Assemblies.
Atherton purchase, 103-4, 109.

diction, 401-2; on extent of judicial power
of the United States, 405.
Baltimore, Lord, agreement of, with sons
of Penn, 1732, 101, 124; grant of Mary-
land to, 121. See also Penn v. Baltimore.
Bancroft, George, on representative assem-
blies, 84 note; on boundary dispute in-
volving existence of Vermont, 238, 239.
Bank of United States v. Planters' Bank
of Georgia, 464-5.

Bankrupt Act, 1867, 416.

Beard, Charles A., on sentiment in Federal
Convention respecting judicial control,
362-3.

Beasley, Mr. Chief Justice, jurisdiction de-
fined by, 400.

Bedford, Gunning, views of, respecting equal-
ity of States in legislature, 183-4; mem-
ber of compromise committee, Senate suf-
frage controversy, 185.

Beers v. State of Arkansas, 457-8.
Bennington, battle of, 239.
Benson, Egbert, delegate of New York to

Annapolis Convention, 56; member court,
South Carolina-Georgia boundary dispute,
237.

Berkley of Stratton, Lord, grant of New
Jersey to, 116.

Bermuda Island, grant of, to London Com-
pany, 72.

Betsey, The, case of, 447.
Beverly, Robert, on representative assem-
blies in Virginia, 76, 84 note.

Bill of Rights, first ten amendments to Con-
stitution a, 46, 137, 324 et seq.; prefixed
to State constitutions, 137; of 1689 (Eng-
lish), 138; of Massachusetts, 133-5, 140;
of Virginia, 135, 308, 313, 328.

Bills of credit, power to emit, given to Con-
gress, 43.

Blackstone, Sir William, on rights of con-
quest, 91; on dependent dominions, 93;
works of, consulted by framers of Con-
stitution, 439; on international and com-
mon law, 439, 440.

Blair, Justice, Circuit Court for District of
Pennsylvania, 350; opinion of, respecting
the unconstitutionality of an act of Con-
gress, 316.

Blankard v. Galdy, 92-3, 95.
Board of Trade, opinion respecting New
Jersey Boundary Act of 1748, 111-15, 117;
opinion respecting New York-Connecticut
boundary agreement, 114; colonial bound-
ary disputes referred to, 118 note, 119
note; reference to, of laws in excess of
charter grants, 120; case of Lechmere v.
Winthrop not referred to, 120.

Boundary disputes, based upon an agreement,

101, 114, 121-5, 386-7, 420-1; between a
citizen and a State, 101; in absence of an
enforcible agreement, 109-18; how deter-
mined, 118 note, 119 note, 125, 230, 422;
provision of Articles of Confederation re-
specting, 229; settled by temporary judicial
commissions, 229 et seq.; made justiciable
by Constitution, 271, 419, 422-3; judicial
in nature, 386-7; English precedents and
cases, 421-2; Penn v. Lord Baltimore, 101,
121-5, 386, 387, 420, 421; Holden and Green
petition, 101-9; between Massachusetts and
New Hampshire, 118 note, 421; Massachu-
setts and New York, 234-6, 237; Massa-
chusetts and Vermont, 238-41; New Hamp-
shire and Vermont, 238-41; New York and
Connecticut, 114, 386; New York and
Massachusetts, 118 note; New York and
New Jersey, 109-18; New York and Ver-
mont, 238-41; North Carolina and South
Carolina, 118 note; North Carolina and
Virginia, 118 note, 119 note; Pennsylvania
and Connecticut, 231-4, 237; Pennsylvania
and Virginia, 239, 241-2, 243; Rhode Is-
land and Connecticut, 118; Rhode Island
and Massachusetts, 118, 119 note, 125,
270, 379, 386-7, 401-2, 405, 420-4; South
Carolina and Georgia, 234, 236-7; Vir-
ginia and West Virginia, 96, 125-6.
Bourgeois, Léon, views of, respecting sub-
mission of political questions to arbitra-
tion, 270-1, 271 note.

Bowdoin, James, Massachusetts delegate to
First Continental Congress, 23.
Boyd v. United States, 444.
Bradford, William, agent, case of Penn-
sylvania v. Connecticut, 232.
Bradley, Mr. Justice, on concurrent powers
of Federal and State courts, 415-16; on
questions made justiciable by Constitu-
tion, 419; on terms of common law, 444.
Bradstreete, Simon, deputy governor of
Massachusetts, 103.

Bragg v. The Sloop Dove, 222-3.
Brearly, David, views of, respecting equal
suffrage of States, 174; urged attendance
of New Hampshire at Federal Conven-
tion, 175, 176; member court, Pennsyl-
vania v. Connecticut, 232, 233; declared
New Jersey legislative act inconsistent with
common law, 349, 363.

Brewer, Mr. Justice, on division of sov-
ereign powers, 335; on moot cases, 434.
Briggs v. The Light Boats, 454, 461.
Bright, General, and Olmstead's Case, 222

note.

Briscoe v. Bank of Kentucky, 457.
British South African Company, 65.
Brown v. United States, 383.

Buckle, H. T., on Declaration of Inde-
pendence, 31.

Bunker Hill, battle of, 23, 28, 129.
Burgesses, House of, in Virginia, 23, 74, 83,
83 note; in Maryland, 83 note; colonial
assemblies sometimes called, 132.
Burke, Edmund, on general study of law
in colonies, 439.

Butler, Pierce, motion respecting procedure
in Federal Convention, 155; on three-fold
division of powers, 165; views of, re-
specting inclusion of slaves in rule of
representation, 187; on distinct commer-
cial interests of States, 189.
Buvot v. Barbut, 448.

By-laws, of corporations, 67-8; in excess of
grant of power, 347, 349.

Cairns, Lord, on foreign States suing in
English courts, 463.

Calder v. Bull, 439.
Callanan v. Judd, 433-4.
Calvin's Case, 95, 96.

Campbell v. Hall, 94, 99, 347-8.
Canada, a self-governing dominion, 11; con-
quest of, by Great Britain, 13, 24.
Captures, provision for, in Randolph plan,
159. See also Court of Appeals in Cases
of Capture.

Carteret, Sir George, grant of New Jer-
sey to, 116.

Cawston and Keane, on early chartered com-
panies, 65 et seq.

Chalmers, George, on union of colonies, 9
note; on Constitution of Virginia, 77.
Chancery, Court of, ordered enforcement of
agreement in case of Penn v. Lord Balti-
more, 101, 420; under State constitutions,
139.

Charles I, voluntary submission of Narra-
gansett Indians to government of, 103;
charter of 1632 to Lord Baltimore, 123
Charles II, proclamation of, inviting settlers
to Jamaica, 95; charter of 1664 to Duke
of York, 116, 122, 123.
Charleston, seat of representative govern-
ment in South Carolina, 85 note.
Chartered Companies. See Trading Com-
panies.

Charters, Massachusetts and Connecticut set-
tlers originally without, 5; foundation of
American Constitution, 64; colonial char-
ters and charters of English trading com-
panies, 64 et seq.; two kinds of, 66; legis-
lation in excess of grants of, 65, 83, 84,
97, 99, 119-21; erected bodies of indi-
viduals into a corporation, 65, 68; of 1600,
to East India Company, 64, 69-70. 71, 73,
76; of 1606, to London and Plymouth