[THE FIGURES REFER TO THE MARGINAL PAGES.]
Abridgments of the law, 507, 508. Absolute rights, ii. 1.
of personal safety, ii. 12. of personal character, ii. 16. of personal liberty, ii. 26. of religious liberty, ii. 34. Acts of Congress and of Legislature, (see Statutes.)
Adjudications, force of, 473, 477, 478. Admiralty Courts, when to proceed in rem as to prize, 359.
criminal jurisdiction of, 360-364. nature of proceedings in criminal
where sue for a tort, 304. rights to sue in federal courts, 343. excluded from enumeration, 230 ns. (d) and (1).
have jurisdiction of cases of forfeit- Alliance, offensive and defensive, force of,
ure and seizure, 375, 376.
as instance courts, 378-380. as prize courts, 355-378. (See Admiralty Jurisdiction.)
forms of writs and other process in, 380 and n. (c). Admiralty jurisdiction, (see Admiralty Courts.)
in prize cases, 356.
as to prize made on shore, 357, 358. when lost as to prize, 358, 359.
in criminal cases, 360, 363, 364, 371,
when it attaches, 361, 363, 365,
notes. how distinguished from common law, 365, 371, notes. of maritime causes and contracts, 367-378.
history of, traced, 366-368. in cases of general average and sal- vage, 369 note, 370, 371, 372. none to enforce specific performance of contracts, 370 ns. (d) and (1). of charter-parties, 370, 371. what are civil cases of, 375, 376. is exclusive, 377.
in cases of mortgage of ships, 371 note, 372 note.
as to matters partly on sea and partly on land, 378. of maritime hypothecations, 378.
when suspended, 38. grades of, 39.
binding acts of, 40, 41. Animus manendi, 76, 77. Annexation of territory by Congress, 258. Appeal, in criminal cases, 325. Armed neutrality, the, 126, 153, 154.
accession of England to principles of, 128 n. (1).
Arming, in neutral ports, 122. Arms of the sea, 26, 29. Arrest, by sergeant-at-arms, 236
by deputy of, 236 n. (2). Articles of confederation, 210. Assignee, right of, to sue in federal courts, 349. Attachment, in rem, 261 note.
lien by, 246, 247 note. proceedings by, in rem, binding,
for contempt, 311 note. Attorney-General of United States, 307.
Bankrupt laws, 382, 383. Barbary States, 188, 190. Bays, (see Arms of the Sea.) Belligerents, rights of, with respect to each other, 89.
Bills of Credit, what, 407, 408, (see State.) Bill of Rights, history of, ii. 1, et seq. English bill of rights, ii. 8, 12. petition of rights, ii. 7. Magna Charta, ii. 7. Connecticut colony, declaration of 1639, ii. 3. New York colony, declaration of 1691 and 1708, ii. 3. various American declarations of, ii. 1-3.
Blackstone, 512. Blockade, law of, 98 n. (1), 143, 144. definition of, 144, 145 note. suspension of, 145, 146. ending of, 146.
presence of adequate force, 144. when binding, 98 note.
precludes egress and ingress, 146. notice of, essential, 147.
notice of, constructive, 147.
intent to violate, effect of, 148, 149.` breach, penalty of, 151.
Britton's Treatise, 497, 500. Burlamaqui, 17.
Bynkershoek, on marine jurisdiction, 28.
Capture, maritime law of, 69.
rights to vest in the sovereign, 100,
when title to complete, 101, 102. after peace concluded, 170, 171, 172. jurisdiction, 352, 354.
where it gives title to property, 110-112. Cargo neutral, in ship sailing under ene- my's flag, 85 n. (2).
Cartel ship, 68, 69. Cases arising under the constitution, 325.
Casus fœderis, 49. Ceded territories, (see Congress, and Terri tories ceded, &c., and Cession of Territory.) jurisdiction over, (see State and Congress.) Certainty, in the construction of statutes, 462 n. (h).
Cessio bonorum, what, 422. Cession of territory, 177.
possession necessary to complete, 177. laws, municipal, how affected by, 178 n. (a), 474 note. state not bound to indemnify for loss by, 178. S., 384 n. (e).
in places ceded to U. Chancery, reports in, 489. Chivalry, its influence, 11. Circuit Courts, organization and power of, 301, 302.
jurisdiction of, 302, 303. jurisdiction of, not lost by change of domicil, 350
Citizens, domiciled abroad, 74, 75.
may not engage in foreign war, 100 effect of war upon, 94.
rights of defence, 94, 95. not to cruise against friendly pow ers, 100. may not sue a state in courts of U. S., 297. not to cruise without commission, 95, 96. not to cruise against their own country, 191.
Civil law, the, 515, 516.
early Roman law, 516. twelve tables, 520. prætorian law, 528. responsa prudentum, 530. Cicero, 530-532.
age of Augustus, 532, 533.
Papinian, Ulpian, Paulus, &c., 535. Theodosian Code, 537. Tribonian, 537.
corpus juris civilis of Justinian, 538. the Code, 538.
the Institutes, 538. the Digests, 539. the Novels, 542.
disturbed by barbarian invasions,
Collision, when District Court has jurisdic-| Congress of 1765, 205.
Concealment of papers by a neutral, 157. Concurrent power of the states, 387, (see States and State Courts.)
jurisdiction, 395, (see States and State Courts.) Confederation, early steps towards, 202.
articles of, 210.
imbecility of, 212-218.
Confiscation of enemies' property conse-
quent on war, 59. debts, doctrine in England and United States, 62, 64. not allowed, of property wrongfully taken before war, 65. of enemy's property on commence- ment of war, 63, 64. contraband articles, 141, 142. for breach of blockade, 151. carrying despatches, 152.
as foundation of title, (see Title.)
Congress, legislation of, supersedes state
legislation, 388, 404, 407.
may punish the bringing of counter- feit coin into United States, 432
power of, to regulate commerce, 431. of 1754, 203.
its constituent parts, 221-224. privilege of the two houses of, 235. power to punish for contempts, 235, 236.
general powers of, 236. rules of proceeding of, 237, 238. mode of passing laws by, 238. authority to create a bank, 248-254. authority of, relative to taxation, 254-257, (see Taxation.) pre-emption, right of, 257, 259. annexation of territory by, 258,259, (see Annexation.) to provide for proof of public rec- ords, 260, 261, (see Records.) power over militia, 262, (see Militia.) power of, as to internal improve- ments, 267, 268 and notes. power over domestic territories, 383, 384.
power of, over conquered and ceded territories, 384 and note, 430. right of, to impose laws, 448, 449. Constitution of the United States, (see Ap- pendix,) 661-670. how and when formed, 217-219. Constitutional power, its test, 313. Constitutionality of laws, 448-454. Construction of statutes, 460, 465, 468. of Revised Statutes, 463. Consular System of the United States, act to regulate, 45 note.
Consuls, defined, 41.
duty of, 42, 43.
have no judicial powers, 42.
not protected as ministers, 44, 45. nations not bound to receive, 43. to assist in arresting deserters, 42. enlarged powers in foreign ports, 42
Contraband, not to affect vessel, 143 note. Contracts, protected against state laws, 413. commercial, with an enemy, 67. public contracts with an enemy, 176. laws, impairing the obligations of, 413.
Contributions levied by an enemy, 92. Convention of states in 1786, 218.
general in 1787, 218. Counsel in Courts of United States, 306, 307. Counterfeit coin, bringing it into the U. S. punishable by congress, 432 note. Courts may declare laws unconstitutional, 448, 454. federal, how far common-law juris- diction in criminal cases, 331-340,
principles of common law applied in, 336, 337. Jurisdiction of criminal cases in ad- miralty, 340, 341. jurisdiction of military and naval crimes and offences, 341 n. (a). how far common law and state laws are rules of decision in, 341, 342 note. jurisdiction, when an alien is a party, 343, 344. jurisdiction of, against person not in the district, 344. jurisdiction, between citizens of dif- ferent states, 344. when a party is a corporation, 346, 347.
right of United States to sue in, 347. right of trustee to sue in, 348, 349. right of assignee to sue in, 349. foreign corporations may sue in, 347. inhabitants of District of Columbia may not sue in, 349. inhabitants of territories may not sue in, 349. jurisdiction, when state a party in interest, 350-352. state not to be sued by individuals in, 350. agents of states may be sued in, 350,
jurisdiction of, in admiralty, (see Admiralty Courts, Admiralty Jurisdiction.) jurisdiction over ceded territories, 383, 384. proceedings and executions in, regu- lated by congress, 394.
process and decisions, how affected by state laws, 394, 395. Circuit, of United States, (see Circuit, Su- perior, and State Courts.) Court of Claims, of United States, jurisdic- tion of, 297 note. judgments not binding till confirmed, 297 note. congress may overrule decisions of, 297 note.
Death, punishment of, ii. 13. Debts, assumption of state, 394 note. Declaration of Independence, 208, 209. of war, mode and form of, 51. Declaratory law, 456 n. (c). Delictum, 86, 123, 151, 152. Deputy Marshal is officer of Dist. Court, 311. amenable to its jurisdiction, 311 note. Despatches to the enemy, 152. Direct tax, 254, 255. Discovery, as foundation of title, (see Title.) right of, 178 note.
how far it imposes laws of discov- erer, 178 note. District Courts, organization and jurisdic- tion of, 303-305. jurisdiction, as courts of common law, 381. in cases of seizure, forfeiture, and torts, 381.
in cases of bankruptcy, 382. as prize and instance courts in ad- miralty, 353-359. criminal jurisdiction of, in admiralty, 360, 363, 364, 371, 372. no appeal in criminal cases, 325. damages in, for marine tort, 363, 364, 367369 and notes. admiralty and maritime jurisdiction of, 372-378. cognizance of seizures and forfeit- ures, 372, 374, 376. jurisdiction in salvage cases, 379, 380. jurisdiction as to pilotage, 380 note. jurisdiction does not rest on statute, 367 notes (b) and (2). not limited to tide waters, 367 notes. District of Columbia, inhabitants of, may not sue in federal courts, 349. power of the courts of, to issue man- damus, 384 note. Doctor and Student, 504. Documents, concealment or spoliation of, 157, 158 neutral, for ships, enumerated, 157.
confiscation of ship, penalty, 152. in neutral vessels, 124, 125.
Enemy, trade with, unlawful, 67. as to commerce, 71, 75.
by owning the soil, 71.
by residence, 71–80.
by sailing under his flag, 85. old laws as to, 87, 90. colonial trade of, 81.
property on board a neutral, 81, 82. English decisions, their weight, 69, 70, (see Adjudications.) Enlistment, against friendly powers, unlaw- ful, 122, 123. Evidence in libel, ii. 19-26. Executive department, nature and unity of,
Expeditions in neutral territory against friendly powers, 122, 123. Ex post facto laws, what, 408, (see State.) Extradition, when granted, 38 note.
Fauces terræ, 367. Fearne's treatise, 514.
Federalist, its character, 241. Federal courts not to interfere with state courts, 412. Fisheries, internal, may be regulated by states, 439.
Fitzherbert's abridgment, 504. Flag of the enemy, 85. Fleta, 501. Foreign commission to cruise, 100. prince or state may sue in U. S. courts, 297 note.
public vessels not subject to local laws, 155, 156. property, when protected in war, 56,
58, 65. state, in what name to sue, 297. Foreigners, their rights and duties, 36. Forfeitures, jurisdiction of, in admiralty courts, 374, 376.
Forms of process, 394. Fortescue's treatise, 501. Free ships, 126.
Freight earned by neutrals carrying ene-
my's goods, 124, 125.
when earned by captor of enemy's vessel, 131.
Fugitives from justice, ii. 32. constitutional provisions, ii. 32 note. how far state executive may refuse to deliver, ii. 32, 33 and notes. upon what evidence arrest may be made, ii. 32 and notes. from justice, surrender of, 37. from service, mode of recapture, 404 notes. law of 1850, relative
Garnishment, judgment in proceedings by, binding, 261 note, (see Judg ments.)
German confederacy, 215.
Gilbert, Lord Ch. Baron, works of, 510. Glanville, 497.
Goods, neutral, in enemy's ships, free, 128. liable to captor's freight, 131. Government de facto, 25, 167. Grammatical sense of words in a statute to be adhered to, 462 n. (2).
Greeks, their advance in national law, 4, 5, Grand jury, ii. 12.
Greek government in 1832, 25. Grotius, effect of his writings, 15. his successors, 17, 18.
opinion on capital punishment, ii. 14.
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