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theory of the eighteenth century, i 175;
theory of the Divine Source, i 176;
modern theory, i 176, 177; content of
individual liberty, i 177; varies with
degree of civilization, i 177; elements
of, in the United States, Great Britain,
France, and Germany, i 178; guaran-
tees of, i 178; in the United States, i
178, 179, 184-250 (see United States);
in the German Empire, i 179, 180, 253-
262 (see German Empire); in France,
i 180, 181; in Great Britain, i 182; in
federal system is threatened from two
sources, i 201; individual liberty is in
its nature, national, with tendency to
become human, i 212; the attainment
thereof the main purpose of the French
Revolution of 1789, i 215; is national
in origin, content and sanction, i 224;
this fact the chief lesson of the history
of the United States, i 225; suspension
of immunities at times necessary, i 245,
251, 259; in the pure Germanic state, i
245; in the United States (see United
States), i 246 ff.; in the German Em-
pire (see German Empire), i 259 ff.;
United States far in advance of Europe
in this department of constitutional law,
i 264, ii 184.

Lieber, Francis, as a political scientist,

i 70.

Limitation of the assertion of property

rights by the Crown (E.), ii 194.
"Lineal descent," term explained, ii 187.
Lippe, i 116.

Lippe Detmold, i 116.

Liveryman of one of the city companies

of London, possesses suffrage, ii 62.
Local governmental organization, repre-
sentation of, in upper legislative cham-
ber, ii 114 ff.

Locke, definition of the royal prerogative
(E.), ii 197.

London City, representation in House
of Commons, ii 66.

London University, representation of, in
House of Commons, ii 62, 66.
Long Parliament (E.), its usurpation of
the military powers of the crown, ii

205.

Lords of Appeal in Ordinary (E.), ii 69;

how they may forfeit their seats in
House of Lords, ii 69; tenure, qualifi-
cation, duties, ii 341, 342; may exercise
the judicial powers of the House of
Lords, ii 345; comparison of their po-
sition with that of the Supreme Court
(U.S.), 363.

Lords, House of, a governmental organ
only, i 96; may be overcome by the
House of Commons when acting as
constitutional convention, i 97; general
parity of power with House of Com-
mons acting as a legislative chamber,
ii 59; Organization: membership pro-
ceeds from appointment by the Crown,
ii 111; is based on (a) hereditary
right: English Peers, 63; (b) elec-
tion: Scotch and Irish Peers, ii 63;
(c) appointment: to a peerage of Great
Britain or an extinct Irish peerage, ii
64; or to a lordship of Appeal in Ordi-
nary, ii 64; (d) ecclesiastical office, ii
64; the house decides claims of mem-
bership except in case of an old peer-
age, ii 65; principle of representation,
ii 67, 115; members are uninstructed,
ii 68; resignation of members, ii 68;
qualifications of membership, ii 70; im-
munity of members from arrest, ii 71,
121; right of freedom of speech and
debate, ii 71; privilege of access to the
throne, i 72; summons, prorogation,
and dissolution of the house, ii 72 ff.;
self-adjournment, ii 72; quorum is fixed
by rules of the house, ii 73, 74, 125; does
not elect its officers, ii 74; controls its
own procedure and discipline, ii 74;
may convict an outsider for contempt,

74; for a definite period, ii 75; may
not initiate money bills, ii 75; or private
bills, ii 76; or modify or reject money
bills, ii 76, 128; may be packed by the
Cabinet, ii 213. As a Judicial Body;
identity of its personnel as an appellate
court with that of the Judicial Com-
mittee of the Privy Council, ii 339, 341;
1. organization, ii 341; 2. procedure as
a criminal court for the trial of peers,
ii 342; jurisdiction, 343; Court of
the Lord High Steward, ii 343; 3. pro-
cedure as a court of impeachment, ii
343; 4. procedure as highest court of
appeals, ii 344; jurisdiction, ii 345; com-
parative study, ii 356, 363, 364.
Louis XI (F.), makes the crown the
leader of the democracy, i 127.
Louis XVI (F.), i 127.

Louis XVIII (F.), amends the charter,

i 129.

Louis Napoleon (F.), reintroduces the
plébiscite, i 130.

Louis Philippe (F.), recognizes popular
sovereignty, i 130.
Lübeck, i 116.
Luxemburg, i 116.

MacMahon (F.), history of his presidency,
ii 24-26; on executive responsibility, ii
292.

Madison, on impeachment of the Presi-

dent (U. S.), ii 359.

Magna Charta (E.), its history and effect,
i 92, 262.

Magnum Concilium (E.), referred to, ii
356.

Main, River, i 116.

Majority of the political people, possess
the sovereign constituting power, i 107.
Majority, absolute in choosing members

of lower house of the legislature, dis-
advantages of, ii III.

Mandate, difference in term of, in the two
chambers of the legislature, United
States, ii 41; Great Britain, ii 59; Ger-
many, ii 78; France, ii 95; general
principles, ii 108.

Marbury v. Madison, doctrine of, con-
cerning the commissioning of judges,

ii 323.

Maximilian I (Emperor), undertakes to
restrain the princes, i III.
Mecklenburg-Schwerin, i 116; in the
Bundesrath, i 156.
Mecklenburg-Strelitz, i 116.

Medical and veterinary practice (G.), im-
perial regulation of, ii 174.

Melville, Lord (E.), impeachment of, ii
344.

Mersen, Compact of (G.), 870, i 109.
Metric system (U. S.), ii 141.
Meuse, River, i 7, 9.

Meyer maintains that the Federal Council
alone is the legislature (G.), ii 91.

Mexico, Tableland of, i II.
Militia (U. S.), power of Congress to pro-
vide for, and for calling into service of
U. S., ii 154; Congress has created a
militia, ii 259; President authorized to
call it into service of U. S. in his dis-
cretion, ii 259; disobedience to this call
cognizable by court martial, ii 260;
Commonwealths appoint militia offi-
cers, ii 262.

Miller, Mr. Justice, opinion in the Slaugh-

ter House Cases (U. S.), i 221 ff., 228;
opinion in Watson v. Jones, i 228; dis-
sents from majority in Milligan Case,
i 251.

Milligan Case (U. S.), doctrine of, i 248
ff., ii 261; the dissenting opinion, i 251.
Ministers (E.), how selected, ii 213; Bage-
hot's theory, ii 214.

Ministers (F.), powers of the President
must be exercised through the ministry,

and every act countersigned by a min-
ister, ii 301; qualification of ministers, u
302; have seats in the Council of State,
ii 302; have access to the legislature,
and may be members thereof, i 302,
joint and several political responsi
bility, i 171, ii 302; enforced by Deputy
Chamber through dismissal, i 172, 11 302;
works badly in practice, ii 316; individ-
ual criminal responsibility,
sponsibility to Senate for crimes com-
mitted in exercise of their functions, i
303. 353 354; procedure on trial to be
regulated by law, ii 304.

303; re-

Ministry (see France, German Empire,
Great Britain, United States, Constitu
tion of the Executive); comparative
study, ii 313 ff.; irresponsibility of min-
isters, ii 313; political responsibility to
the legislature, ii 313 ff.; such responsi
bility is requisite to neither an heredi-
tary nor an elective executive, ii 315,
316; under what condition it is advan-
tageous, ii 316; comparison of French
and English systems, ii 316.
Minority a temporary disqualification for
the exercise of royal powers (E),
189; Coke's theory, i 190.
Mississippi basin, i 12.
Mississippi v. Johnson (U.S.) apparently
supports statement of text concerning
presidential exemption from judicial
process,
ii 245.

Mixed form of state, so-called, i 75; ana'-
ysis thereof, i 76.

Modern state, is democratic, i 81; works
through the means of government and
liberty, i 87; characterized by individ
ual liberty, i 174.

Monarchy, defined, i 72; develops the
power of the state, i 74.
Monarchic immediate government, ii 2;
more favorable to liberty than demo-
cratic immediate government, ii 2, ten-
dency of modern politics is away from
monarchic government, ii 37.
Monarchic state with aristocratic govern-
ment, ii 3.

Monetary system (U. S.), exclusively reg

ulated by Congress, ii 137.
Money bills, initiation of, in Congress
(U. S.), ii 58; initiation of, in Paria-
ment (E.), ii 75; amendment and rejec
tion, ii 76; (F.), must be presented to
Deputy Chamber first, ii 94, 297; power
of Senate over, ii 94, 128.
Mongols in the United States of America,
i 19, 29.

Morality of policy of absorption, i 41; of
race amalgamation, i 42; of deporta-
tion, i 42; of restriction of immigration,
i 43; of colonial policy, i 46.
Morgan, Senator (U. S.), position in de-
bate over the statutory regulation of the
manner of counting the electoral vote,

ii 235.

Munster, Escheatorship of (E.), incom-
patible with membership of House of
Commons, ii 67.

Napoleon I (F.), i 105; destroys the Holy
Roman Empire, i 113.

Napoleon III (F.). See Louis Napoleon.
Nassau, absorption by Prussia, i 116.
Nation, Part I, Bk. I, i 1-48; derivation

and definition of the term, i 1; distinc-
tion between Nation and State, i 4; be-
tween Nation and nationality, i 5.
National Assembly (F.), the organization

of the democratic state, i 128; frames
the Constitution of 1791, i 128; under the
present Constitution, i 169; practically
not dissoluble by the President, i 171,

172.

National political character, i 30-40; diffi-
culty of the subject, i 30; of the Greek
and Slav, i 31; of the Celt, i 33; of the
Latin race, i 35, 36; of the Teutonic
race, i 37.

National State, on what it depends, i 21;
the work of the Teuton, i 37, 44; the
most modern political institution, i 38;
its advantages, i 38, 39; inevitably
democratic, i 81; the most perfect po-
litical organ yet attained, i 86.
National unity and the State, i 3, 40.
Nationality, and nation, i 5; a State com-
posed of various nationalities, i
42 ff.;
perfecting its nationality the secondary
end of the State, i 86.
Naturalization (U. S.), power thereover
not in Congress alone, i 144 ff.
Natural rights, theory of, i 88, 175 ff.
Navy (F.), President is commander of,
ii 294; appointment and dismissal of
officers, i 298; President may make
disposition of navy, ii 299.
Navy (G.), constitutional provisions, ii
176 ff.

Navy (U.S.), power of Congress to provide
for, ii 154; Commonwealths forbidden to
keep, in time of peace, ii 154; command
vested in President, ii 155, 159, 260; in-
cludes disposition of the forces, ii 260;
execution of military law, ii 260; waging
defensive war and suppression of rebel-
lion, ii 261; suspension of civil govern-

ment on the theatre of war, i 261;
nomination of officers, ii 262; dismissal
in time of war, ii 261; in time of peace
dismissal follows sentence of a court
martial only, or the commutation of
such a sentence by the President, ii 262;
officers are excepted from the jurisdic-
tion of the Senate as a Court of Im-
peachment, ii 333.

Navy, Secretary of (U.S.), when he shall
act as President, ii 240.

Negro race in the United States of Amer-

ica, i 19, 29; in the colonial period, i 99.
Norman invasion of France, i 126.
Normandy, confiscation of (F.), i 126.
North America. See America.

North German Union, creation of, i 116-
118, 120; not joined by the States south
of the Main, i 118; regarded by the
South German States as the successor to
Prussia in international relations, i 118;
the Zollverein, i 118; constitutional pro-
vision for the admission of South Ger-
man States, i 119; organization of the
State in the North German Union : ac-
cording to the juristic theory, 121;
according to the theory of political sci-
ence, i 121-123.

North Pacific Slope, i 12.
Northern Plain of North America, i 13.
Northstead Manor, Stewardship of (E.),
incompatible with membership of House
of Commons, ii 67.

Oath, coronation (E.), contains enumera-
tion of duties of the Crown, ii 196; of
King (P.) to support the Constitution,
ii 268; of office of President (U. S.),
the taking thereof a necessary qualifi-
cation to entering upon the office, ii 243.
Obligation (U.S.), term defined, i 235 ff.
Offenses against the law of nations (U.S.),
i 186, ii 133.

Officers, of Commonwealth (U. S.), vio-
lation of due process of law by them,
i 210.
Oldenburg, i 116; specific rights under
the Constitution, i 162.

Opinion, liberty of (U. S.), i 189.
Ordinance power, defined, ii 299.
Ordinance power (U. S.), is vested in
Congress, ii 166; includes every appro-
priate means not forbidden by the Con-
stitution, i 167; (G.), is vested in the
legislature, ii 178; Laband's division of
the ordinance power, ii 178; the Fed-
eral Council possesses only residuary
powers, ii 179; (E.), is vested in the
Crown, ii 199; (F.), some commentators

hold that residuary power is vested in
the President, ii 299; the author's view,
ii 299 ff.; comparative study, ii 318 ff.
Ostfranken, boundaries in 843, i 109; in
870, i 109.

Otto the Great (G.), arrests the aristo-

cratic development of the State, i 110.
Oxford University, representation in
House of Commons, ii 62, 66.
Pacific Slope, i 12.

Pardoning power of executive (E.), ii 208;

(F.), ii 301; (U. S.), ii 262, 337.
Pactum confraternitatis (P.), 1457, ii 266.
Palmerston, Lord (E.), attempted im-
peachment of, ii 344.

ig

Papist (E.), disqualified from inheriting
or enjoying the crown, ii 189; marriage
to a Papist a disqualification for hold-
ing the royal office, ii 189 ff.
Parliament (E.), as state and government,
i 76; in the seventeenth century, i 94;
power of dissolving it originally discre-
tionary in the Crown, i 96. I. Organi-
zation: 1. General principles, bicameral
system with parity of powers, ii 59; 2.
Sources from which the legislature pro-
ceeds, ii 59 ff.; A. Commons: qualifi-
cations of electors generally, ii 59; in
English counties, ii 60; in Scotch coun-
ties, ii 60; in Irish counties, ii 60; quali-
fications of non-owners of an estate or
interest in realty, ii 61; disqualifications
of electors, ii 62; criticism of this sys-
tem, ii 62; B. Lords, ii 63, 111; (a) in-
heritance, English peers, ii 63; (b) elec-
tion, Scotch peers,
ii 63;
Irish peers, ii
63; (c) appointment to a peerage of
Great Britain, or to an extinct Irish
peerage, ii 64; Lords of Appeal in Or-
dinary, ii 64; (d) ecclesiastical office,
ii 64; credentials of members of Com-
mons House passed on by Queen's
Bench Division, ii 65, 114; of members
of House of Lords by the house itself,
except in case of an old peerage, ii 65;
3. Principle of representation, ii 65 ff.;
A. Commons: original principle, ii 64;
principle since 1832, ii 65; principle of
the Act of 1885, ii 66; modifications and
exceptions, 66; representation is un-
instructed, i 67; resignation of mem-
bers, ii 67; B. Lords, ii 67, 115; num-
ber of the peers of Great Britain only
is unlimited, ii 67 ff.; are uninstructed,
ii 68; resignation, ii 68; 4. Qualifica-
tions of members: A. Commons, ii 69;
disqualifications, ii 69; B. Lords, ii 70;
5. Rights and privileges of members:

A. Commons, (a) immunity from ar-
rest, ii 70, 121; (b) privilege of freedom
of speech and debate, ii 71; B. Lords,
(a) immunity from arrest, ii 71, 121;
(b) privilege of freedom of speech and
debate, ii 71; (c) privilege of access to
the throne, ii 72; 6. Summons, adjourn-
ment, prorogation, and dissolution, ii
72 ff., 123, 202; by the crown acting
under the advice of the Prime Minister,
ii 72; statutory triennial meetings, ii 72;
self-adjournment by each house, ii 72;
dissolution by limitation, ii 73; and by
the ministry, ii 73, 213; 7. Quorum fixed
by rules of each house, ii 73, 125, 215;
8. Internal organization: A. Commons,
elect their speaker, ii 74; B. Lords, Lord
Chancellor is the customary speaker, ij
74; C. both houses, each makes its own
rules of procedure and discipline, ii 74;
may commit an outsider for contempt,
ii 74: 9. Mode of legislation: (A) in-
itiation: (a) of a public non-money bill
in either house, ii 75; exceptions, ii 75;
(b) of a money bill in the House of
Commons only, ii 75, 128; (c) of a pri-
vate bill in House of Commons, ii 76;
(B) passage, ii 76; money bills are not
subject to modification, ii 76; (C) formal
approval by the crown, ii 46; II. Powers,
ii 131 ff.; may legislate upon any sub-
ject, ii 131.

Parliamentary government, defined, ii 13;
modification in practice of the theoreti-
cal definition, ii 14; to what conditions
of society applicable, ii 15; present dis-
satisfaction with this form, ii 38; does
not necessarily follow the introduction
of heads of executive departments into
the legislature, ii 119.

Particularism (U. S.), existence of, i 230.
Patents and copyrights (U. S.), regulation
thereof by Congress, ii 143 ff.
Patriarchal State, i 73.
Peerage (E.), possession of a disqualifica-
tion to vote for member of House of
Commons, ii 62, 69; exception in the
case of certain Irish peers, ii 62, 69;
possession of an English peerage a qual-
ification for membership of House of
Lords, ii 63; representation of the Irish
peerage in House of Lords, ii 63, 67;
revival of extinct peerages, ii 64; rep-
resentation of the Scotch peerage in
House of Lords, ii 63, 67; cannot be
increased by appointment, ii 64; effect
of acceptance of a peerage of the United
Kingdom by a Scotch peer, ii 68.

Pembina Mining Co. v. Pennsylvania, doc-
trine of, i 211.

Pennoyer v. Neff, doctrine of, i 211 ff.
Pensacola Telegraph Company v. The
Western Union Telegraph Company,
doctrine of, ii 140.

Permanence of the State, i 52.
"Person (U. S.), defined, i 211.

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Personal union of executive of two States,
i 78.

Petit jury (U. S.), trial by, i 187.
Petition, right to (U. S.), i 192.
Philosophy, French, influence of, in fram-
ing the United States Judiciary, ii 358;
Piety the fundamental principle of the
State, ii 60.

Pierre, Eugène (F.), views on power of the

Senate to organize itself as a court, ii 353.
Piracies, felonies on high seas, offenses
against the law of nations (U.S.), i 186,

ii 133.

Plébiscite (F.), not introduced by Bona-
parte, but by the Jacobins, i 128; re-
introduced by Louis Napoleon, i 130;
examined, i 133; difference between the
English and the French plébiscite, i 139.
Police power, defined by United States

Supreme Court, i 213; history of the
conception, i 214; in Greece, i 214;
under absolute monarchy, i 214 ff.;
developed by the civilians, i 215; four
fundamental principles of the police
power, i 215 ff.; function of the police
power, i 216; police power defined,
i 216; in United States, ii 136; police
power of Commonwealths (U. S.) not
interfered with by Fourteenth Amend-
ment, i 213; the theory of the Supreme
Court obsolete, i 216; the domain of
the police power fixed by the Common-
wealths subject to revision by the federal
judiciary, i 216 ff.; not limited by Art. I,
sec. 10, § 1 of the Constitution, i 237;
defined by the court, i 237 ff.; danger
of exaggerated notions concerning its
extent, ii 184.

Policy, colonial, of the Teutonic race, i 45;
as viewed by North Americans, i 45;
its justification, i 46.

Political character. See National Political
Character.

Political divisions of Europe, i 21-28.
Politique, meaning of the term, i 74.
Poll tax a direct tax (U. S.), i 199.
Pomerania, Swedish, i 113.

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Portugal, political relation to Spain, i 21.
Portuguese ethnology, i 13.

Postal service (G.), i 161, ii 169, 282 ff.;
(U.S.), a federal government monop-
oly, ii 139; limitations of powers of
Congress, ii 139 ff.

Postmaster-General (U.S.), when he shall
act as President, ii 240.

Power, political, its exercise, i 45; an end
of the state, i 83.

Prerogative, royal (E.), defined by Locke,
ii 197.

Prescription does not run against the
Crown (E.), ii 194.

President (F.), A. Organization: I. Elec-
tion by electoral college composed of
members of legislature, ii 288; reason
therefor, ii 311; organization of the
college, ii 289; comparative study, ii
307 ff., 310 ff.; II. Qualifications, ii 289;
III. Term, ii 289; IV. Succession, ii
290; no Vice-President, ii 290; execu-
tive powers temporarily vested in the
Council of Ministers, ii 290; no provis-
ion for a temporary disability, ii 290;
V. Privileges, irresponsibility, ii 290,
292; except in case of commission of
high treason, ii 290 ff., 353, 354, 355;
inviolability, ii 291; comparative study, ̧
ii 311 ff.; comparison with the United'
States, ii 291 ff.; is Grand Master of
the Legion of Honor, ii 292; protection
against insult and libel, ii 292; compen-
sation, ii 292; B. Powers and Duties:
I. Diplomatic: 1. to make defensive war,
ii 293; to make offensive war, with the
consent of the legislature, 293; prece-
dents, ii 283; by implication, President is
commander of army and navy, ii 294; 2.
to send and receive ambassadors, etc.,
ii 294; legislative control, ii 294; 3. to
negotiate and conclude treaties, ii 294;
most treaties require legislative ratifica-
tion, ii 295; President must inform the
legislature of his acts, ii 295; II. In leg-
islation: 1. to call and adjourn the legis-
islature, ii 295; 2. prorogue, ii 295;
3. dissolve the Deputy Chamber, i 171,
ii 294; 6. to propose that chambers go
into National Assembly, ii 296; power
over the National Assembly, i 171, 172;
5. to initiate legislation, ii 295; 6. may
require chambers to reconsider a law,
ii 297; 7. to promulgate the laws, ii 297,
298; III. Civil Administrative Powers:
1. to execute the laws, ii 298; 2. to ap-
point and dismiss all officials, ii 298; lim-
itations and qualifications, ii 298; 3. to

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