-

laration of supremacy, 66, 67; - by the 10th amendment, 67, 68;
by the status of citizenship, 68, 69; by the proprietorship of public
lands, 69, 70;— by the legislative powers, 70, 71;- by the executive
powers, 71;- by the judicial powers, 71, 72;-by the power of
amendment, 72-79.

NATURALIZATION, power of Congress over, 248-252: what is, 249:
the power exclusive in Congress, 250, 251.

NAVIGABLE streams, what, 240, 241: bridges over, 240, 241.
NAVIGATION laws, 245.

NEGOTIATIONS, foreign, (See FOREIGN RELATIONS.)

NEW HAMPSHIRE, first constitution of, 37.

NEW JERSEY, first constitution of, 37.

NOBILITY, no title of, to be granted, 349.

OATH of office, of President, effect of, 443.

lea

-

OBLIGATION of contracts, not to be impaired, 349-413: what is, 382-
386; in the Roman law, 383; is the bond of the law, 383, 384;
is created by the law, 384, 385;
case on, 385, 386; illus-
trated, 386;- same in contracts with tes and with private persons,
387; remedy included in, 387: what state laws impair, 389-413-
meaning of impair, 389; general rule, 389, 390; when laws apply
to the terms of a contract, 390-395; - between private parties, 390,
391; — when state is a party, 391, 392; - state insolvent laws, 392-
395; — when passed subsequent to the contract, 392, 393;— - when
passed prior, 393; - laws applying to the remedy, 395-413; — effect
of such laws discussed, 395–403 ; - laws taking away remedies, 403 ;
- statutes of limitation, 403, 404; — laws abolishing imprisonment for
debt, 404; - stay and appraisement laws, 405-409; - exemptions from
execution, 409-413. (See REMEDIAL RIGHT.)

OFFICE, terms of, 137: appointments to not contracts, 354-357: power
of appointment to (See APPOINTMENT); removal from, (See REMOV-
ALS.)

OFFICERS, of Congress, how appointed, 136: of U. S., liability of for
acts under void laws, 162, 163: inferior, who are, 426.

OFFICIAL persons, sanctions applicable to, 96: how punished for crimes,
97, (See CRIMES): methods of choosing, 125-136; qualifications of,

137.

ORTOLAN, on surrender of sovereignty, 39: definition of piracy, 272-

274.

PAPER currency, power to issue, 167.

-

PARDONS, power to grant, 455-466: definition, 455, 456: granted by
King or Parliament, 456: extent of President's power, 457-465; — may
grant any known in the English law, 457-459, 461;- after conviction,
460; conditional pardons, 460; — before trial, 460, 461 ; — general
amnesties, 462-464 ; defined, 462; effect of, 463; - objections to
considered, 464: power of Congress over, 465; cannot limit that of
President, 465; -- has it any independent power, 465.
PATENT and copy rights, power of Congress over, 266, 267.

PECK, Judge, impeachment of, 487.
PEOPLE, possess political sovereignty, 5.
PETITION, right to assemble and, 144.

PICKERING, Judge, impeachment of, 486.

PINHEIRO FERREIRA, on surrender of sovereignty, 40.

PIRACIES, what are, 272: power of Congress over, 271-276;

of, 271, 272, extends to defining, 274.

-

POLICE regulations, power of states to impose, 211-226. (See Coм-
MERCE.)

POLITICAL condition of the colonies, 34.

POLITICAL LAW, embraces what, 6, 7: divisions of, 8: general, not
treated of, 9.

POLITICAL SOVEREIGNTY, what, 4, 5, 27-30: power of a nation
to resign, 39.

POSTAL SERVICE, power of Congress over, 264-266; what included
in, 265; extent of power over. 265, 266.

POST-ROADS, what, 265, 266

POWER of amendment, 72-76.

POWERS of U. S. government. (See LEGISLATIVE, EXECUTIVE,
JUDICIAL, LIMITATIONS, and other special heads.)

PREAMBLE, of the Constitution, effect of, 63, 64: of Confederate Con-
stitution, 65.

PRESENTS from foreign governments, 349.

PRESIDENT, his power to interpret the Constitution, 89, 90, 441-444 :
method of choosing, 126, 127;- change from the original theory, 128;
- why, 128, 129; - change beneficial, 129: qualifications of, 137:
term of office of, 137: legislative powers of, 111-115: war powers of,
285-288, 470-480: executive powers vested in, 414-416: general
nature of powers of, 416-424: acts through subordinates, 416, 417:
an independent department, 417: powers of mainly political, 418:
acts of how questioned by courts, 418, 419: how far independent of
Congress, 418, 424: functions of exclusively under his control, 420,
421 functions of partly dependent upon statutes, 421, 422: functions
of entirely dependent upon statutes, 422: discretion of, 422, 423:
his power to appoint officers, 425-440;- to execute laws, 440-445;
over foreign relations, 445-455 ;- to grant pardons, 455–466 ; —
to recommend measures, 466-469; - as commander-in-chief, 470-480:
impeachment of, 480 - 494; discretion of in executing laws, 440, 441 :
may not judge of the validity of laws, 441-445: effect of his oath of
office, 443 when may disregard a law, 444, 445. (See EXECUTIVE
and other special heads.)

PRESS, freedom of protected, 114.

-

PRIVATE CORPORATIONS, (See CORPORATIONS.)

-

PRIVATE LAW, divisions of, 1: what embraces, 3: its relations to the
state, 4.

PRIVATE PROPERTY, how taken for public use, 144: right of em
inent domain over, 161-163.

PROCESS of law, (See DUE PROCESS.)

PROFESSIONAL status rights and capacities of, 345–347

PROHIBITIONS, (See LIMITATIONS.)

PROPRIETORSHIP over territories, 308, 309.

PROTECTIVF tariff, power to impose, 187.

PROVIDING a navy, what, 293.

PUBLIC LANDS, 69, 70, 308, 309.

PUBLIC LAW, what embraces, 2, 3: relations to the state, 4: divisions
of, 4.

PUNISHMENTS, cruel and unusual forbidden, 145.

QUALIFICATIONS, of electors of representatives not controlled by
U. S. government, 131-133: of officers, 157.

RAILROAD, as post-roads, 246.

RATIFICATION of the Constitution, 58.

RECOMMEND measures, power of President to, 466-469: object and
extent of, 468: practical abuse of, 468, 469.

REGISTRY laws, 295.

REGULATION of commerce, (See COMMERCE.)
RELIGION, free exercise of secured, 144.

REMEDIAL RIGHT, included in obligation of contracts, 377, 388,
396 confusion in notions of, 396: distinguished from procedure, 397 ·
two kinds of, 397: what included in, 398: procedure not included,
398, 399 cases illustrative, 399-403 deprivation of, 403: effect of
particular laws modifying, 403-413. (See OBLIGATION.)
REMEDY, confusion in notion of, 387

included in obligation of con-

tracts, 388: embraces remedial right and procedure, 397: laws affect-
ing, 395-413.

REPRESENTATION, in Congress, how apportioned, 122-124: effect of
slavery on, 123, 124: effect of emancipation, 124, 125: different plans
for basis of, 125.

REPRESENTATIVES, in Congress, elections of controlled by Con-
gress, 131 qualifications of electors of, controlled by states, 131, 132:
qualifications of, 137: terms of office, 137: rules governing, 138:
compensation of, 140: privileges, 140: disqualified for certain offices,
140, 141.

REPUBLICAN form of government, guaranteed, 131, 133, 134;-
power of Congress in respect to, 133: what essential to, 133, 135.
RESTRAINTS, upon government, (See LIMITATIONS.)
RETROACTIVE laws, 330, 334, 335.

REVENUE, (See TAXES.)

REVENUE BILLS, originate in the House, 139; amended in the Sen-
ate, 139, 140: English rule concerning, 140.

REVOLUTION, American, nature of, 31: work of the nation and not
of the separate colonies, 34-37.

RIGHTS distinguished from capacities, 345-347

ROADS, power of Congress over, 246.

ROMAN jurists, description of public law, 2.

SANCTION, required for constitutional law, 80, 81: kinds of, 81: kindı
applicable to official persons, 96, 97.

SAVIGNY, description of public law, 2.
SAXONS, the, government of, 103-105;

elementary principle of, 103,
104 tithings among, 103: shires among, 104: influence of upon U.
S. government, 104, 105.

SEARCHES, unreasonable forbidden, 144: warrants for required, 144:
importance and effect of these rules, 153, 154.

SECURITIES, of U. S., not taxable by states, 190, 194: what are, 269.
counterfeiting of, 269, 270.

SENATE, idea of based upon local self-government, 121, 122: execu
tive and judicial powers of, 115: how composed, 130: how classified,
130 powers of to govern itself, 138: special rules for government of,
138, 139: power over revenue bills, 139, 140.

SENATORS, how chosen, 130: how classified, 130: vacancies among,
how filled, 130: qualifications of, 137: terms of office, 137: compen-
sation of, 140: privileges of, 140: disqualifications of, 140, 141: are
not "civil officers," 481.

SLAVERY, amendment abolishing, 76: legality of this amendment, 76–
79: effect of on representation, 123–125, 134–136: effect of abolition
of on representation, 134–136.

SOLDIERS, quartering of, 144, 153.

SOUTH CAROLINA, first constitution of, 37: nullification ordinance
of, 85.

SOVEREIGNTY, political, nature of, and where resides, 4, 5: who may
exercise, 5, 6: not subject to law, 8; meaning and description of, 27-
30 voluntary surrender of, 39.

SPEAKER, of the House, how appointed, 136.

STATE, the, essential feature of, 4.

STATE BANKS, power to emit bills of credit, 205.

STATE RIGHTS, meaning of, distinguished from sovereignty, 100.

STATE SOVEREIGNTY, theory of the Constitution, the complete, 24,
25 the partial, 25, 26.

:

STATES of the U. S., the, are not nations and not sovereign, 31: when
may interpret the Constitution, 86, 87: source of their powers, 100:
limitations upon, 349-413: grants by, 352, 354: laws of which impair
obligation of contracts, 389-413: insolvent laws of, 392-395. (See
COMMERCE, TAXATION, and other special heads.)

STAY LAWS and appraisement laws, effect of on obligation of con
tracts, 405-409: what are, 405: when invalid, 400, 405-409; U. S.
cases relating to, 405-407; state cases relating to, 407, 408.
STOCK of U. S., not taxable by states, 191-194.

STOCKHOLDERS, in national banks, taxation of, 193, 191; in corpo
rations, laws changing their liability, how affecting obligation of con-
tracts, 392.

STORY, his theory of the Constitution, 23; opinion on interpreting
the Constitution, 84.

STOWELL, Lord, on piracy, 274: on war, 287

STREETS, assessments for opening, 161.

SUFFRAGE, right of, not defined by Constitution, 132: not essential to
citizenship, 132, 133: qualifications required for, 132, 133; universal
not necessary to a republican form of government, 133; as regulated by
Missouri Constitution, 347; — this regulation valid, 348: a privilege,

348.

SUPPORTING an army, what, 294.

SUPREMACY, declaration of in the Constitution, 66, 67.
SUPREME COURT, constitutional provisions, 495: original jurisdiction
of, 517 appellate do. of, 517: power of Congress over, 517.
JUDICIAL POWERS.)

(See

TANEY, C. J., his theory of the Constitution, 26: on interpreting the
Constitution, 84.

TARIFF, power of Congress over, 167, 187.

TAXES, power over, 175-198: provisions relating to, 173, 174: power
of Congress over, 167, 175-187;-limited, 174-176; - methods of
exercising, 177–181; - extent of, 181-187;- what embraced in, 180,
181: kinds of, 176, 177: direct and indirect, 177: capitation, 177:
appropriation of money raised by, 186, 187: stamps, 183: on judicial
proceedings, 184-186: power of the states over, 187–198 ; - implied
limitations on, 188-195; express do., 195-198; - subordinate to
powers of Congress, 188-190; not extending to property and instru-
ments of U. S., 190-194 powers of Congress and states compared,
194 power to impose taxes on territories, 311.
TENURE of office bill, 440.

-

TERRITORIES, power over, 304-318;

provisions relating to, 304,

305: proprietorship in, 305-309: government of, 309-318: during con-
federation, 306: cession of, during confederation, 306, 307: acquisition
of new, 307, 308: right to acquire new, 308: use and disposition of,
309: methods of exercising power over, 399: Bill of Rights applies
to government of, 311-313, 317: whence power to govern derived,
313, 314: taxation of, 311.

TEST OATHS, 321-329, 340-348.

THEORY of the Constitution, importance of correct, 20, 21: complete
national, 21-23 complete state sovereignty, 24, 25: partial state sov-
ereignty, 25, 26.

TREASON, power over, 276-279: what constitutes, 277: under the
common law, 277, 278: punishment of, 278: what included under, 279.
TREATIES, nature of President's power to make, 115; — and of Sen-
ate's power over, 115: acquisition of territories by, 308: power to
make, 448-455: Congress has no power to make, 448 : kinds of possi-
ble, 448, 449: kinds of not possible, 449: operation of, 450, 451 those
which execute themselves, 450: those which require legislative and ex-
ecutive acts, 450, 451: legislative powers derived from this function,
452-454 cases arising under, 511, 512.

TRIAL by jury, when required, 145: expediency of, 154, 155: not neces-
sary to due process of law, 157-159.