dispose of army and navy to secure the
execution of the laws, ii 298, 299; 4. to
make necessary ordinances, ii 299; the
possession of this power is doubtful, ii
299, 300; comparative study, i 318;
IV. In Judicial Administration : 1. may
convene the Senate as a court, ii 300,
352; 2. may pardon, not amnesty, ii 301;
V. Ministers, powers of the President
must be exercised through the ministry,
and every act must be countersigned by
a minister, i 171, ii 301; qualifications
of ministers, ii 302; they have seats in
the Council of State, ii 303; have access
to the legislature, ii 302; are heads of
executive departments, ii 302; joint and
several political responsibility, i 171 ff.,
ii 302; enforced by Deputy Chamber
through dismissal, i 172, ii 302; this
works badly in practice, ii 316; indi-
vidual criminal responsibility, ii 303;
responsibility to Senate for crimes com-
mitted in exercise of their functions,
ii 303, 353, 354; procedure on trial to be
regulated by law, ii 304; VI. President
presides on great occasions of state, ii
305; criticism of the French Presidency,
ii 305, 306.

President (U. S.), his assent to a proposed
amendment to the Constitution, i 147 ff.
Organization: I. Election of President:
1. the appointment of electors, ii 216; is
subject to the control of Commonwealth
legislatures, ii 216; qualifications of
electors, ii 217; limitations on Common-
wealth legislatures, (a) as to day of
choosing the electors, ii 217; (b) im-
posed by Fifteenth Amendment, ii 217;
(c) by Fourteenth Amendment, ii 217;
does not compel the choice of electors by
popular election, ii 218; the legislature
may appoint electors, ii 219; question
which arises where the organic law of
the Commonwealth provides another
method of choice, ii 219; the national
legislature would then decide, ii 220 ff.;
2. the rest of the process subject to the
Constitution and federal statute, ii 221;
(a) the electors shall meet and vote, ii
221, and transmit lists to President of the
Senate, ii 222; (b) statutory amplifica-
tions, i 222; (c) the President of the
Senate shall open the certificates, "and
the votes shall then be counted," ii 223;
(d) statutory regulation of the time,
place, and manner of counting, ii 224 ff.;
criticism of the principle of this statute,
ii 228; Congress possesses the power to

provide for the case by legislation, ii 229;
criticism of the details: (1) the determi-
nation of Commonwealth authority in
regard to a controversy concerning the
appointment of electors is made con-
clusive, ii 231; (2) the electoral vote of
a Commonwealth from which but one
lawful return is received shall not be
rejected, ii 232; (3) in case of conflict-
ing returns, and no determination by
the Commonwealth, the governor's cer-
tificate is conclusive except against a
concurrent act of both houses, ii 233;
(4) in case of several returns made by
several colleges of electors, either house
may reject the vote of the Common-
wealth, ii 234; also when several returns
are presented in the absence of a deter-
mination by Commonwealth authority
and of executive certificate, i 235;
(5) omissions in the statute: (a) when
several returns are made, each certified
by a different person claiming to be
governor, and no determination has
been made by the Commonwealth, ii
235; (3) whether, when the vote of
a Commonwealth is rejected, it shall
be deducted from the whole number
of electoral votes, ii 236; this statute
prevents interregnum, ii 236; (c) in
absence of an election, the House of
Representatives shall elect the Pres-
ident, i 238; comparative study of
Executive tenure, ii 307 ff., 310 ff.;
II. Law of Succession to the Presi-
dency: I. in the absence of election of a
President, the Vice-President shall act,
ii 239; 2. in absence of election of
President and Vice-President, the Sec-
retary of State shall act, ii 239; 3. upon
death, resignation, removal, or inability
of President, the Vice-President shall
act, ii 239; 4. upon death, resignation,
removal, or inability of President and
Vice-President, statutory provision for
succession, ii 239; where disability of
either or both is removed, ii 240; who
shall determine the question of disa-
bility, ii 240; III. The Presidential
term, ii 241; elections at other than reg-
ular quadrennial periods, ii 241 ff.;
IV. Qualifications, citizenship by birth,
residence, i 242; age, oath of f
fice, ii 243; disqualifications, ii 244; re-
moval and re-imposition thereof, ii 244 ;
V. Rights and privileges of President,
compensation, ii 244; the jurisdiction
of all courts except that of impeach-

ment suspended during the term, ii
245; based upon reason and necessity,
ii 246, 312; danger of the opposite the-
ory, ii 247; resignation, and its effect
upon impeachment, ii 247; comparison
with French system, ii 291 ff.; com-
parative study, ii 341 ff. Powers:

I. Diplomatic, I. to negotiate treaties,
ii 248; to regulate foreign commerce
by treaty, ii 136 ff.; to modify natural-
ization laws, ii 145 ff.; is exclusive
against the Commonwealths, ii 248;
2. to nominate and commission diplo-
matic and consular agents, ii 249; to
dismiss and suspend them, ii 250; the-
ory of the Tenure of Office Acts, 1867-
1887, ii 250; 3. to receive ambassadors
and other public ministers, ii 251; im-
portance thereof, ii 251; checks exerted
by Senate and Congress, ii 252; exclu-
sive against the Commonwealths, ii 252;
II. In legislation: 1. to call Congress
or either house in extraordinary ses-
sion, and to adjourn them in case of
disagreement as to adjournment, ii 252;
2. to give Congress information and re-
commend measures, ii 252; 3. to veto, ii
252; possible abuse of executive power
in legislation in treaty-making, ii 253;
power to initiate legislation is nugatory
in the absence of executive organs in
Congress, ii 254; the effect of the veto
is limited, ii 255; its extent is unlimited,
ii 255; its province is the defense of
executive prerogatives, ii 255; 4. pro-
mulgation of laws, ii 256; statutory duty
of the Secretary of State, ii 256; III. In
civil administration: to execute the de-
cisions of the judiciary, i 178 ff.; to
procure the execution of the laws, ii
257; nominates all except inferior offi-
cers whose appointment is vested else-
where, i 257, 322; dismisses them, ii
258; interprets statutes and Constitution
primarily subject to revision by other
departments, ii 258; order in which
President uses the means for the exe-
cution of the laws, ii 259; determines
when rebellion exists, ii 259; IV. Mili-
tary powers, is commander of the army
and navy, and of militia when called
into United States service, ii 259; may
not be deprived of the command, ii 155;
may call militia into United States ser-
vice, ii 259; in his discretion, ii 260;
enumeration of powers included herein:
1. disposition of the forces, ii 260; 2. su-
pervision of execution of military law,

ii 260; 3. power to wage war, including
the suspension of civil government on
the theatre of war, ii 164, 261; the sus-
pension of the privilege of the writ of
habeas corpus, 247 ff., ii 156; 4. to
nominate officers of army and navy,
and dismiss them in time of war, i 262;
V. Judicial powers, to reprieve and par-
don, except in case of impeachment, ii
262, 337; VI. President's advisers, ii
262; the cabinet has no collegiate exist-
ence, ii 263; definition of the cabinet, ii
263; by constitutional custom the Presi-
dent desists from enforcing a statute de-
clared unconstitutional, il 327.
Presidential government, defined, ii 11;
degrees of executive independence, ii
12; merits of the form, ii 12; demerits,
ii 13; present dissatisfaction with the
form, ii 38.

44

Primogenial descent," term explained, ii
188.

Primogeniture in the male line, principle
of, i 10; most successful principle in
hereditary government, ii 10.
Primogeniture, principle of, ii 9.
Princes (G.), character of, ii 277.
Private bills, mode of legislation in Par-
liament, ii 75, 76.

Private law. See Law, private.
Private property (U. S.), i 195; its sphere,
i 195.

Private rights, developed by an aristocracy,
174; their protection an end of the state,
i 84.

Privileges and immunities of citizens of
the United States enumerated, i 224.
Privy Council (E.). See Council, Privy.
Procedure, judicial, of a Commonwealth

(U.S.), how far the power to alter it is
limited by Art. I, sec. 10, § 1, of United
States Constitution, ii 236 ff.
Professors, university (F.), appointment
and dismissal of, ii 298.

Promulgation of laws (G.), ii 92, 279 ff.;
(U.S.), ii 256.

Proof of Commonwealth records, etc.
(U. S.), ii 158.

Provisors, Statute of (E.), ii 208.
Prussia, does not enter the Rheinbund,
i 113; must unite Germany, i 113; be-
comes the nucleus of national popular
states, i 114; proposes a national con-
vention, i 114; is opposed by the other
states in the Diet, i 115; supported by
the people, i 115; demands demobiliza-
tion and calling of a German Parliament,
i 115; issues a manifesto to Germany,

i 116, 121; founding of the North Ger-
man Union, i 116; the North German
Union the successor to Prussia in inter-
national relations with the South Ger-
man States, i 118; the Zollverein, i 118;
Prussia in the Federal Council, i 156;
has practically a veto on amendments to
the Constitution, i 157; Prussia's right
to the presidency of the Union, i 158;
established the German Empire, i 163;
exterritoriality of Prussian members of
the Bundesrath, ii 83; Prussian repre-
sentation in committees thereof, ii 88;
veto and preponderance of Prussia in
the Federal Council in certain cases, ii
91; law of succession to Prussian Crown,
ii 265; Prussian house law, ii 266; pac-
tum confraternitatis of 1457, ii 266; re-
quires ratification by the Prussian legis-
lature, ii 267; possible effects of changes
in Prussian succession laws, ii 267; rule
of immediate succession, ii 267; royal
oath and effect of omission thereof, ii
268; abdication of royal office, ii 268;
boundaries can be changed only by law,
ii 267.

Prussia, king of, is constitutional German

Emperor, ii 264; can be deprived of this
office only with his own consent, or by
revolution, ii 265; cannot be ruler of
another state without the consent of the
legislature, i 267; majority of king,
ii 269; privileges of the king, ii 275;
power in the Imperial legislature, ii 279.
Prussia, Regent of, Constitution provides

for assumption of regency by adult ag-
nate nearest the crown or by the minis-
try, ii 269, 312; majority of the Regent,
ii 269; establishment of regency in case
of minority, ii 270; where the King is
permanently incapacitated, ii 270; the
ministry the judge of the necessity, ii 270;
where the King or Crown Prince dies
without male issue, leaving a pregnant
widow, ii 271; appointment of a Regent
on the initiative of the ministry, ii 272;
oath of the Regent, ii 273; termination
of the regency, ii 273; privileges of the
Regent, i 274; relation of the Regent
to the Empire, ii 274.

Pryor, M. C. (U. S.), views regarding the
power of Congress to regulate the man-
ner of counting the electoral vote, ii
229.

Publication of laws (G.), ii 93, 279 ff.
Publicists, German, their conception of
the state, i 57; European, do not dis-
criminate between state and government,

i 68; American, i 69, 70; new school of
constitutional interpretation, i 153.
Publicity, judicial (U. S.), i 188.
Public law, its subject, i 51.

Public Worship Act (E.), referred to, i
340.

Pucelle (F.), i 127.

Punishments (U.S.), cruel and unusual, i
189; of treason, i 189; ii 148 ff.; for
crime, a means of attack upon civil lib-
erty, i 206.

Punishment of outsiders for contempt by
legislative bodies, United States, ii 56;
Great Britain, ii 74; Germany, ii 86;
France, ii 104; general principle, ii 126.
Qualification of members of the legisla-
ture of United States, ii 51 ff.; Great
Britain, i 69 ff.; German Empire,
ii 81 ff.; France, ii 98 ff.; general princi-
ples, ii 117 ff.

Qualification of the executive of Great

Britain, i 189 ff.; United States, ii
242 ff.; France, ii 289.

Queen's Bench Division (E.) decides dis-
puted elections to the House of Com-
mons, ii 65.

Quorum, principle of, in Congress (U.S.),
11 55, 124; determination of the question
of the presence of a quorum, ii 55; quo-
rum of House of Representatives in
choosing a President upon failure of
electors to elect, ii 238; of Senate in
choosing a Vice-President upon failure
of electors to elect, ii 238; in Parliament
(E.), ii 73, 125, 215; in German Imperial
legislature, ii 85, 125; in the French
legislature, ii 102, 124; general princi-
ples, ii 124 ff.

Rebellion (U. S.), its existence must be
determined by the President, ii 259.
Redistribution Act (E.), 1885, ii 66.
Reform Bill of 1832, revolutionary, i 92,
95, 96; its nature and results, i 95, 96,
ii 65.

Regalia, referred to, i 214.
Regency (E.), 190; no statutory or
common law general principles, ii 190;
Crown may constitute one, i 190 ff.;
case of death of King without issue,
leaving a pregnant widow, ii 191; ab-
sence of wearer of the crown, ii 192;
doubtful whether the Regent enjoys the
privileges of the wearer of the crown,

privileges of Regent, ii 274; Prussian
Regent is ipso jure German Imperial
Regent, ii 275.

Regent. See Regency.

Reichshofrath (G.), its establishment and
organization, i 112.

Reichskammergericht (G.), its establish-
ment and organization, i 112.
Rechtsstaat, criticism of the term, i 73.
Reichstag (Diet) (G.), function in amend-
ing the Constitution, i 155, 156; in legis-
lation, i 155, 156; organization, i 156,
ii 77 ff.; the definer and protector of
civil liberty, i 254; period of mandate
is five years, ii 78; total renewal at each
election, ii 78; qualification of electors,
ii 78; disqualification, ii 79; distribution
of representation is statutory, ii 79; rep-
resentation uninstructed, ii 80; statutory
qualifications for membership, ii 81;
constitutional disqualifications, ii 81;
statutory disqualifications, 82; mem-
bers are privileged from arrest or trial,
ii 82, 121; enjoy freedom of speech and
debate, ii 83, 122; are privileged from
insult, ii 83, 122; have no right to com-
pensation, ii 119; the Emperor calls,
adjourns, prorogues, and dissolves the
Diet, ii 84, 278; limitations on this power,
ii 84, 85, 278; quorum, ii 85, 124; the
Diet determines election of its members,
ii 85; elects its officers, ii 85; frames its
own rules, ii 86; has the power to go
into secret session, ii 86; may punish
outsider for contempt, ii 86; the initia-
tion of legislation in the Diet, ii 88;
presentation of resolutions of the Fed-
eral Council, ii 90; passage of laws, ii
90; consent of the Diet necessary to the
validity of certain treaties, ii 276.
Religion, debt of the State to, i 60; origi-
nal connection of the two, i 64.
Removal of causes (U. S.), Federal judi-
ciary may protect their jurisdiction upon,

་

ii 332.
"Representation, full right of," term de-
fined, ii 188.

Representation of the People's Act (E.),
1884, ii 59 ff.; 1867, ii 66.
Representation, principle of, in the legis-
lature of the United States, ii 46 ff., 49 ff.;
Great Britain, ii 65 ff.; Germany, ii 79 ff.;
France, ii 97 ff.; general principles, ii

114.

Representative form of government, ii 2;
may be limited or unlimited, ii 2; may
be monarchic, aristocratic, or demo-
cratic, ii 3.

Representatives, House of (U. S.), has
exclusive right to originate bills to raise
revenue, i 195, ii 41, 57; term, ii 41;
change of mandate, ii 41; qualification
of electors, ii 41; members are chosen
directly, ii 42; principle of Fifteenth
Amendment, ii 42; Congress may regu-
late the time, place, and manner of
election, i 43; statutory regulation of
the time of election, ii 43; of the man-
ner thereof, ii 44, 45; the House is the
judge of the election of its members, ii
46; original principle of representation,
ii 46; modification introduced by the
Thirteenth Amendment, ii 46; by the
Fourteenth Amendment, ii 46; which
as yet lacks an authoritative interpreta-
tion, ii 47; apportionment of represen-
tation, Act of 1882, ii 48; its constitu-
tionality considered, ii 48, 49; mem-
bers of the house are uninstructed, ii
50; resignation of members, ii 51; qual-
ification of members, ii 51-53; rights
and privileges of members, ii 53, 54; as-
sembly and adjournment of the house,
ii 54, 55, 119; the house may not ad-
journ for more than three days without
the consent of the Senate, ii 55; is dis-
solved by limitation only, ii 55; quorum,
ii 55, 124; the house possesses general
power of internal organization, subject
to three limitations, ii 56; possesses no
general power to punish outsiders for
contempt, ii 56; enumeration of its ju-
dicial powers, ii 57; limitation of pun-
ishment that it can impose, ii 57; mode
of legislation, ii 57; the house deter-
mines details of process for itself, ii 58;
elects the President on a failure of the
electors to choose one, ii 238; must
agree to the enactment of measures
called for by a treaty, ii 253; is the only
lawful accuser in impeachment trials,
ii 335.

Republican form of government, i 72; its
most prominent characteristic is the
preservation of governmental powers
by the government, i 239; is represent-
ative, i 239; present tendency toward
this form, ii 38.

Republican form of government (F.), by
constitutional amendment (1884) is not
subject to revision, i 172.

Resignation of mandate by a member of
Congress (U.S.), ii 51; of the House
of Commons (E.), ii 67; of the House
of Lords, ii 68; of the French legisla-
ture, ii 97.

Resignation of office by President (U. S.),
11 247; effect upon threatened impeach-
ment, ii 247.

Restoration of the Bourbons (F., 1814),
i 129.

Reuss (elder line), i 116.
Reuss (younger line), i 116.

Revenue, how raised in Congress (U. S.),
i 195, ii 41, 57 ff.; how appropriated,
i 196; how raised in Parliament (E.), ii
59, 75, 128; in German Imperial legis-
lature, ii 89; in French legislature, ii
94, 104, 128; general principles, ii 109 ff.,
127 ff.

Revival of learning aids the absolute mon-
archy, i 214.

Revolution, American. See United States.
Revolution (E.) of 1640-1688, its nature,
i94; finally accomplished in 1832, i96;
brought on by attempt of Stuarts to
restore the prerogatives of the Privy
Council, ii 211; its effect on the Privy
Council, ii 211.

Revolution (F.) of 1789, i 128; its main
purpose to secure civil liberty for the
individual, i 215, 263; introduces the
doctrine that the individual is the politi-
cal unit, ii 65.

Revolution (F.) of 1830, i 129.
Revolution of 1848 (G.), i 113; (F.), i 130.
Revolution the only means of changing
the form of the state, i 97.
Rheinbund (G.), i. 113.
Rivers as boundaries, i 7.

Rochebouët Ministry (F., 1877), ii 26.
Roman, has realized the ideal state, i 67;

must carry the propaganda, i 67 (see
Latin race).

Romanic element in the population of
the U. S. of America, i 20, 28; its influ-
ence, i 20.

Rousseau, his theory of the origin of the
State, i 61, 63.

Royal Marriage Act (E.), ii 189.
Ruman ethnology, i 17.

Rumania, ethnology of its population, i
27, 28.

Russia as a geographic unity, i 10, II;
ethnology of its population, i 17, 27;
as a political division, i 27; Cæsarism
necessary, i 32; politically organized
by the Church, i 61.

Saint Andrew's University, representation
of, in House of Commons, ii 62, 66.
Saxe-Altenburg, i 116.
Saxe-Coburg-Gotha, i 116.
Saxe-Meiningen, i 116.

Saxe-Weimar, i 116.

Saxons, made no political progress from
Tacitus to Charlemagne, i 61.
Saxony, i 115, 116; in the Bundesrath, i
156; specific rights under the Constitu-
tion, i 158, ii 87; a party to the pactum
confraternitatis, 1457, ii 266.
Scandinavian Peninsula, i 8; ethnology
of its population, i 16; political divis-
ions, i 24; effect of presence of Finns
and Lapps, i 24.

Schaumburg-Lippe, i 116.
Schleiermacher's explanation of Aristotle's
classification of the forms of state, i 72.
Schleswig-Holstein Question (G.), i 115.
Schulze (G.), on the power of the legisla-
ture to hold secret sessions, ii 86; main-
tains that the Federal Council alone is
the legislature, ii 91; opinion on power
of Emperor to promulgate laws, ii 280,
281.

Schwarzburg-Rudolstadt, i 116.
Schwarzburg-Sonderhausen, i 116.
Scrutin d'arrondissement (F.), ii 97.
Scrutin de département (P.), ii 98.
Scrutin de liste (F.), ii 98.

Search warrants, general (U. S.), i 200.
Secondary end of the State, i 86.
Sedition Act (U. S., 1798), i 190.
Senate (F.), in National Assembly, i 168-

173; origin of the Senate in the present
Constitution, i 170; struggle with the
Deputy Chamber in fixing ministerial
responsibility, ii 24-26; organization of
the Senate, ii 94 ff.; its power in finan-
cial legislation, ii 94, 128; period and
change of mandate of senators, ii 95;
statutory regulations concerning the
election of senators, 96, 112; deter-
mination of disputed elections, ii 97;
resignation of members, ii 97; principle
of representation, ii 97, 114; qualifica-
tion of members, ii 98; disqualification,
ii 99; determination of eligibility, ii 100;
immunity from arrest, ii 100, 121; right
of freedom of speech and debate, ii 101,
122; right to compensation, ii 101, 119;
assembly and adjournment of the Sen-
ate, ii 101, 295; dissolution, ii 102, 296;
principle of the quorum, ii 102 ff., 124;
the Senate elects its own officers, ii
103; makes its own rules, ii 103; limi-
tations on this power, ii 104; power to
punish outsiders for contempt, ii 104;
mode of legislation, ii 104, 129 ff.; finan-
cial legislation, ii 104, 128.
Senate (U. S.) may not originate bills
to raise revenue, ii 41. Organization :
term, ii 41; change of mandate, ii 41;