as to prize made on shore, 388.
when lost as to prize, 389.
in criminal cases, 390-396. 407.
when it attaches, 391. 394. 398.
how distinguished from common
law, 398. 406. 409.
of maritime causes and contracts,
401-414. 416.
history of, traced, 401-403.
in cases of general average and
salvage, 403, note, 405, 406.
none to enforce specific perform-
ance of contracts, 405, note.
of charter parties, 405, 406.
what are civil cases of, 410.
is exclusive, 412, 413.
in cases of mortgage of ships,
406, note.
as to matters partly on sea and
partly on land, 414. |
where sue for a tort, 333.
rights to sue in federal courts, 374.
Alliance, offensive and defensive, force
of, 58.
effect on licenses, 177.
co-operating, liable to confiscation
of property, 78.
not to trade with enemy, 77.
included in treaties of peace, 77.
Ambassadors, free from arrest, 15.
immunity of, established, 185.
wheu suspended, 45.
grades of, 47.
binding acts of, 48.
Animus manendi, 84.
Annexation of territory by Congress, 277.
Appeal, in criminal cases, 385.
Armed neutrality, the, 131. 155.
Arms of the sea, 28. 32.
Articles of confederation, 215.
Assignee, right of to sue in federal courts,
379, 380.
Attachment, in rem, 280, note.
lien by, 262.
proceedings by, in rem, binding,
Cession of territory, state not bound to
indemnify for loss by, 181.
in places ceded to U. S., 423.
Chancery, reports in, 543.
Charitable establishments among the an-
cients, 234, note.
Chivalry, its influence, 11.
Circuit Courts, organization and power
of, 329, 330.
jurisdiction of, 330, 331, 332.
jurisdiction of, not lost by change
of domicil, 380.
Citizens, domiciled abroad, 82.
may not engage in foreign war,
effect of war upon, 102. 104.
rights of defence, 102.
not to cruise against friendly
powers, 107.
may not sue a state in courts of
U. S., 320.
not to cruise without commis-
sion, 103.
not to cruise against their own
country, 193.
Civil law, the, 565.
early Roman law, 566.
when title to complete, 109.
study of, revived, in the 12th cen-
tury, 593.
peace concluded, 173.
jurisdiction, 384.
where it gives title to property,
Case, within the constitution, 354.
Casus frederis, 58.
Ceded territories, (see Congress, and ter-
ritories ceded, &c., and cession of
territory.)
jurisdiction over, (see State and
Congress.
Cessio bonorum, what, 466.
Cession of territory, 180.
possession necessary to complete,
laws, municipal, how affected by,
reception of, in England, 594.
liberty, 599.
war in other states, 24.
Clerks of U. S. Courts, 338.
Coasting license, effect of, 478. 482.
rules, 33.
Codification, 519.
Coke, 556.
Colonial trade of the enemy, 88.
Colonies carry laws with them, 523:
American, their rights asserted.
599--605
Columbia, District of, 275. 380. 423.
Commercia Belli, 112. 163 172.
Commerce, general right of, 34.
claims of Portugal and Russia, 35.
treaties of, 36.
with the enemy, 74.
Commerce, to be regulated by congress, | Congress, rules of proceeding of, 252.
mode of passing laws by, 252.
authority to create a bank, 266-
authority of, relative to taxation,
(see Taxation.)
pre-emption, right of, 276. 278.
annexation of territory by, (see
Annexation.)
to provide for proof of public
records, 279, (see Records.)
power over militia, (see Militia.)
power of, as to internal improve-
ments, 286-290.
power over domestic territories,
421.
power of, over conquered and
ceded territories, 423, 424. 472.
right of, to impose laws, 525.
Constitution of the United States, (see
Appendix, 649-657.)
how and when formed, 223-226.
Constitutional power, its test, 342.
Constitutionality of laws, 494. 500.
Construction of statutes, 509. 515. 519.
of Revised Statutes, 519.
Consuls, defined, 49.
duty of, 50, 51.
have no judicial powers, 50.
not protected as ministers, 53, 54,
nations not bound to receive, 52.
to assist in arresting deserters,
enlarged powers in foreign ports,
50, note.
Contempts, when punishable by congress,
may be punished by U.S. courts,
326, 327.
Continuous voyage, 92.
Contraband of war, 145. 138.
what articles constitute, 138.
145.
provisions, when, 140, 141. 143.
provisions, how affected by des-
tination, 142.
articles of native growth, 142.
raw materials, 142.
implements of war, 143.
penalty for carrying, 145.
Contracts, protected against state laws,
commercial, with an enemy, 74.
public contracts with an enemy,
178.
laws, impairing the obligations
of, 455.
Contributions levied by an enemy, 99.
Counsel in Courts of U. S., 336, 337.
Counterfeit Coin, bringing it into the U.
S. punishable by Congress, 476,
note.
Courts may declare laws unconstitution-
federal, how far common law ju-
risdiction in criminal cases, 360
-370. 383.
principles of common law applied
in, 365. 383.
jurisdiction of criminal cases in
admiralty, 368.
jurisdiction of military and naval
crimes and offences, 369, 370.
how far common law and state
laws are rules of decision in, 370
-372. 377, note.
jurisdiction, when an alien is a
party, 374.
jurisdiction of, against person not
in the district, 375.
jurisdiction, between citizens of
different states, 375.
when a party is a corporation,
377.
right of U. S. to sue in, 378.
right of trustee to sue in, 379.
right of assignee to sue in, 379.
foreign corporations may sue in,
318.
inhabitants of District of Colum-
bia may not sue in, 380.
inhabitants of territories may not
sue in, 380.
jurisdiction, when state a party
in interest, 381-383.
state not to be sued by individu-
als in, 381.
agents of states may be sued in,
381, 382.
jurisdiction of, in admiralty, (see
Admiralty Courts, Admiralty Ju-
risdiction.)
jurisdiction over ceded territories,
proceedings and execution in, re-
gulated by congress, 433.
process and decisions, how affect-
ed by state laws, 433-435.
Circuit, of U. S., (see Circuit,
Superior and State Courts.)
Courts Martial, naval jurisdiction of,
370, note, 394, 395.
Coutumier of Normandy, 616, note.
Crimes at sea, under statutes of United
States, 390-396.
Criminal cases, jurisdiction of, in federal
courts, (see Federal Courts,)
jurisdiction, (see Courts, Federal
District Courts,) 435.
Criminals, duty of surrender of, 39. 44.
Cruise, right of, 103, 104.
when cruiser liable as pirate,
108.
with double commission, 108.
Death, punishment of, 614.
Debts, assumption of state, 432, note.
Declaration of Independence, 214.
of war, mode and form of, 61.
Delictum, 93. 128. 153.
Despatches to the enemy, 153.
Direct tax, 273.
Discovery, as foundation of title, (see
Title.)
how far it imposes laws of dis-
District Courts, organization and juris-
coverer, 181.
diction of, 332-335.
jurisdiction, as courts of common
law, 418.
in cases of seizure, forfeiture and
torts, 419.
in cases of bankruptcy, 420.
as prize and instance courts in
admiralty, 384-389.
criminal jurisdiction of, in admi-
ralty, 390-396. 407.
no appeal in criminal cases, 354.
damages in, for marine tort, 396.
400-403.
admiralty and maritime jurisdic-
tion of, 407-414.
cognizance of seizures and for-
feitures, 410, 411, 412.
jurisdiction in salvage cases, 416.
jurisdiction as to pilotage, 417.
District of Columbia, inhabitants of, may
not sue in federal courts, 380.
power of the courts of, to issue
mandamus, 422.
legislative power of congress
over, 428.
Divorce, in other states, 76-79.
Doctor and student, 551.
domicil, give jurisdiction of, 90, 91.
Documents, concealment or spoliation of,
neutral, for ships enumerated,
of merchant vessels, 173. 183.
Domicil, when confers hostile character,
Domain, public, 169. 276.
test of, 84, 85.
what a change of, 376.
not affect jurisdiction of Circuit
Courts, 380.
Dominion over subjects and vessels at
sea, 29.
Droits of the admiralty, 104.
Duties, not to be imposed by states, 483.
lien for, 267.
Eldon, Lord, 546.
Electors of president, 295.
Elementary writers on common law, 550.
Bracton, Littleton, Coke, Hale,
&c., 551. 554. 556. 561.
Blackstone's Commentaries, 562.
Embargo, hostile, when laid, 68.
preliminary to war, 68.
Embassadors, rank of, 47.
rights of, 44, 45.
may be refused. 48.
how far their acts bind, 48.
Emigration, right of, 643.
Eminent domain, rights of congress in
making internal improvements,
287, note.
Enemy's property, how affected by state
of war, 64.
despatches not to be carried, 143.
confiscation of ship, penalty, 143.
Enemy, trade with unlawful, 74.
as to commerce, 81.
by owning the soil, 82.
by residence, 83-87.
by sailing under his flag, 92.
old laws as to, 96.
colonial trade of, 88.
property on board a neutral, 89.
English decisions, their weight, 78.
(See Adjudications.)
Enlistment, against friendly powers, un-
lawful, 127, 128.
Evidence in libel, 622-630.
Executive department, nature and unity
of, 291, 292.
responsible, 350.
Expeditions in neutral territory against
friendly powers, 127, 128.
Ex post facto laws, what, 450, (see State.)
Forfeitures, jurisdiction of, in admiralty
courts, 401, 411, 412.
Forms of process, 433.
Fortescue's treatise, 552.
Free ships, 131.
Freight earned by neutrals carrying ene-
my's goods, 130.
when earned by captor of ene-
my's vessel, 136, 137.
Fugitives from justice, 639.
constitutional provisions, 641,
app. 656.
how far state executive may re-
fuse to deliver, 641.
upon what evidence arrest may
be made, 642.
from justice, surrender of, 42.
from service, mode of re-capture,
445.
law of 1850, relative
Federalist, its character, 256.
Federal courts not to interfere with state
courts, 454.
Fisheries, internal, may be regulated by
states, 485.
Fitzherbert's abridgment, 558.
Flag of the enemy, 92.
Fleta, 552.
Foreign commission to cruise, 107.
prince or state may sue in U. S.
courts, 321.
public vessels not subject to local
laws, 158.
property, when protected in war,
64. 66. 73.
Foreigners, their rights and duties, 39.
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