A

Abridgments of the law, 558.
Absolute rights, 599.

of personal safety, 610.
of personal character, 619.
of personal liberty, 631.
of religious liberty, 644.
Acts of Congress and of Legislature,
(see Statutes.)
Accumulation of profits of personal
property, 416.

Adjudications, force of, 525. 530.
Admiralty Courts, when proceed in

tilities, 64.

397.400.

in prize cases, 387.

Courts.)

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.

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, 388.
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,

Bank, authority of congress to create,

266-272.
authority of congress to create
under confederation, 272.
of U. S. right of to sue in the
federal courts, 378. 382. 399.
not taxable, 468.

Bankrupt laws, 420.

Barbary States, 191.

Bays, (see Arms of the sea.)
Belligerents, rights of, with respect to
each other, 96.
Bills of Credit, what, 448, (see State.)
Bill of Rights, history of, 599.

English bill of rights, 606. 610,

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,

107.
effect of war upon, 192. 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.

Capture, maritime law of, 78.

disturbed by barbarian invasions,

rights to vest in the sovereign,

592.

108.

when title to complete, 109.

study of, revived, in the 12th cen-
tury, 593.

after peace concluded, 173.

jurisdiction, 384.

where it gives title to property,

Cartel ship, 77.

116, 117.

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,

180.

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.

Concurrent power of the states, 426,

(see States and State Courts.)
jurisdiction, 434, (see States and
State Courts.)
Confederation, early steps towards, 207.
articles of, 215.
imbecility of, 217-223.
Confiscation of enemy's property con-
sequent on war, 67.
debts, doctrine in England and
United States, 70. 72.
not allowed, of property wrong-
fully taken before war, 73.
of enemy's property on com-
mencement of war, 73.
contraband articles, 144.
for breach of blockade, 152.
carrying dispatches, 153.

as foundation of title, (see Title.)
Congress, legislation of, supersedes state
legislation, 445.

may punish the bringing of coun-
terfeit coin in U. S., 476, note.
power of, to regulate commerce,
475.486.

of 1754, 209.

of 1765, 211.

of 1774, 212.

its constituent parts, 227-230.
privilege of the two houses of,

248.

power to punish for contempts,
249, 250.

general powers of, 251.

mode of passing laws by, 252.
authority to create a bank, 266-

272.

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,

55.

E

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 interual 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.)

Fauces terræ, 399.

F

Fearne's treatise, 564.

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.

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

to, 445.

Garnishment, judgment in proceedings
by, binding, 281, (see Judgments.)

Georgia statute code, 524.
German confederacy, 219.

Gilbert, Lord Ch. Baron, works of, 561.
Glanville, 550.

Goods, neutral, in enemy's ships, free,
133. 136.

liable to captor's freight, 136.
Government de facto, 27. 170.
Grand jury, 610.

Greeks, their advance in national law, 4,
5. 22.

Greek government in 1832, 26.
Grotius, effect of his writings, 15.
his successors, 17. 20.
opinion on capital punishment,

H

Habeas corpus, writ of, 631.

614.

act of 31 Charles II, c. 2, 632.
New-York statute relating to, 634.
when habeas corpus does not lie,
635.

to remove a foreigner from state
jurisdiction, 328.
when granted by United States
courts, 224. 327, 328. 351, note.
jurisdiction of state courts in re-
spect to, 440.
in cases of fugitives from service,

445.

Hale, Sir Matthew, Pleas of the Crown,
561.