when ballots rendered ineffectual by, 608, 609. AB INCONVENIENTI, doctrine of, in construction, 67-71. ACCUSATIONS OF CRIME, are actionable, per se, 423. self, not to be compelled, 313-317. how made with a view to investigation and trial, 309. (See PERSONAL LIBERTY.) varying form of, cannot subject party to second trial, 328. ACCUSED PARTIES, testimony of, in their own behalf, 317, 318 and notes. ACTION, (See PERSONAL LIBERTY.) against election officers for refusing to receive votes, 616. for exercise of legislative power by municipal bodies, 208. modification of, by statute, 430. (See LIBERTY OF SPEECH AND OF THE PRESS.) rights in, cannot be created by mere legislative enactment, 369. nor taken away by legislature, 362. nor appropriated under right of eminent domain, 527. nor forfeited, except by judicial proceedings, 362, 363. statutory penalties may be taken away before recovery of judgment, 362, n.; 383, n. limitation to suits, 364-367. statutes for, are unobjectionable in principle, 365. subsequent repeal of statute cannot revive rights, 293, 365. principle on which statutes are based, 365. cannot apply against a party not in default, 366. must give parties an opportunity for trial, 366. for causing death by negligence, &c., 581. from regard to religious scruples of party, 477, n. on its own motion, 132. by the governor, 132. ADMINISTRATORS, (See EXECUTORS AND ADMINISTRATORS.) ADMIRALTY JURISDICTION, exercise of, by the Revolutionary Congress, 6. of accused parties as evidence, 313–318. ADVERTISEMENT, notice to foreign parties by, 404. not effectual to warrant a personal judgment, 404, 405. not to be taxed, 18, 482-485. AGREEMENTS, ALABAMA, (See CONTRACTS.) divorces not to be granted by legislature, 110, n. revenue bills in, 131, n. legislative rules concerning pardons, 116, n. title of acts to express the object, 142, n. protection of person and property by law of the land, 351, n. liberty of speech and the press, 417, n. legislature may make rules respecting pardons, 116, n. persons conscientiously opposed to bearing arms excused, 478. ALIENS, exclusion of, from suffrage, 29, 30, 599. ALIMONY, payment of, cannot be ordered by legislature, 114. jurisdiction of United States courts in respect to, 11. of money bills, may be made by Senate, 131. of indictments, 272. of statutes, 151, 152. republication of statute amended, 151. by implication, 152. at the same session of their passage, 152. of defective proceedings by legislation, 293, 371-381. of State constitutions, 21. (See STATE CONSTITUTIONS.) right of, may be taken away, 384. effect of change in the law pending an appeal, 381. APPORTIONMENT, (See OFFICE.) of powers between the States and the nation, 2. between the departments of the State government, 33-37,[39, 90-92. APPRAISAL, (See TAXATION.) of private property taken by the public, 559–570. how far invalid, 290. APPRENTICE, control of master over, 340. APPROPRIATION, of private property to public use, 525. ARBITRARY ARRESTS, (See EMINENT DOMAIN.) (See PERSONAL LIBERTY.) illegality of, 300, 302. ARBITRARY EXACTIONS, distinguished from taxation, 490, 491. ARBITRARY POWER, unknown among common-law principles, 22. cannot be exercised under pretence of taxation, 490, 508. ARBITRARY RULES, of construction, danger of, 59, 61, 62, 83. of presumption, 326, n. ARBITRATION, submission of controversies to, 399. ARGUMENTUM AB INCONVENIENTI, in constitutional construction, 70, 71, n. ARKANSAS, ARMS, divorces not to be granted by legislature, 110, n. legislative rules concerning pardons, 116, n. special acts for sale of lands of infants, &c., forbidden, 98, n. revenue bills in, 131, n. privilege of members in, 134, n. protection of person, &c., by law of the land, 352, n. liberty of speech and of the press, 414, n. legislature may regulate granting of pardons, 116, n. right to bear, 350. ARMS, continued. exemption from bearing of persons conscientiously opposed, 478. ARMY, quartering in private houses, 308. jealousy of standing army, 350. ARREST, privilege of legislators from, 134. on criminal process. (See CRIMES.) of judgment, new trial after, 328 and n. ART, WORKS OF, criticism of, how far privileged, 457. ARTICLES OF CONFEDERATION, why superseded, 7, 8. ASSESSMENTS, for local improvements, generally made in reference to benefits, 497. not necessarily made on property according to value, 497. are made under the power of taxation, 498. not covered by the general constitutional provisions respecting taxation, not unconstitutional to make benefits the basis for, 499, 505, 511. may be made in reference to frontage, 507. but each lot cannot be compelled to make the improvement in front of it, for drains, levees, &c., 510. in labor for repair of roads, 512. ATTAINDER, meaning of the term, 259. bills of, not to be passed by State legislatures, 15, 33, 259. cases of such bills, 259-264. bills of pains and penalties included in, 261. ATTORNEYS, exclusion of, from practice is a punishment, 263, 264. |