Waring v. Clark, 5 McLean, 441 .

Warren Manuf. Co. v. Etna Ins. Co., 2 Paine, 501

Watkins v. Holman, 16 Pet. 25

261

342

383

v. White, 105 Mass. 325 Whitney v. Robertson, 124 U. S. 190 Wiggins v. Burkham, 10 Wall. 129 Wilcox v. Jackson, 13 Pet. 488 Wilkerson v. Utah, 99 U. S. 130 Wilkinson v. Leland, 2 Peters, 627 Willard v. People, 5 Ill. 461

v. Presbury, 14 Wall. 676

Williams v. Bruffy, 96 U. S. 176, 193
Wilson v. Marsh Co., 2 Pet. 245.

v. Rousseau, 4 How. 646, 662
v. Wall, 6 Wall. 83.

Wise v. Rogers, 24 Gratt. 169

Wolff v. New Orleans, 103 U. S. 358, 365

Wood v. Miller, 55 Iowa, 168

v. Oakley, 11 Paige, 403

Woodbury v. Freeland, 82 Mass. 105

Woodman v. Kilbourne Manuf. Co., 1 Abb. C. C. 158

Woodruff v. Parhan, 8 Wall. 123

v. Trapnall, 10 How. 190

262

486, 487, 488

159

284, 331

404

Yates v.

Lansing, 5 Johnson, 291

Y.

199, 219

INDEX.

ADMINISTRATIVE LAW-its organic sources, 3.
its constitutional sources, 343.

need of periodical changes in, 8.

method of framing, 562, 577.

ALABAMA, when admitted into the Union, 164.
ALBANY PLAN, Franklin's, its meaning, 83.
ALIENS, may be granted privileges by the U. S., 543.
wrongs to them may be punished by U. S., 544.

in what way redress may be given them, 545, 546.
power of Congress to legislate upon treaty obligations, 548.
States may deny residence to, 157 n, 460.

ALLEGIANCE, due from all people to their government, 39.

a filial and not an official tie, 16.

its aspects under the Federal Constitution, 16.

treaty stipulations relating thereto in behalf of naturalized citizens, 16.
strength of, in colonies to mother country, 76.

purely voluntary and political, 125.
AMENDMENTS, 13th, 14th, 15th, 299, 300, 301.
explanations of, 301, 302, 303, 304.

effects of passage of 13th and 14th, 306.

limits of their protection, 307.

addressed to State action alone, 307.

effects of, upon the elective franchise, 532, 533, 534, 535.
AMENDMENTS TO CONSTITUTION, power to propose, 519.

dates of adoption of original, 520.

Indians not within operation of, 522.

their effects upon the powers of Congress, 524.

ANCIENT REPUBLICS, their mode of legislation, 352.
ARKANSAS, when admitted into the Union, 163.

ARMIES, power of Congress to raise and support, 498.

government and regulation of, 500.

ARMS, right to bear arms under the Constitution, 241,

definition of, 242.

ASSEMBLIES, public, right to hold, under the Constitution, 240.

colonial, date of first establishment, 391.

ASSEMBLY, Athenian, its character, 48.

ATHENS, position of the citizen towards the State, 124.
mode of legislation in, 353.

ATTAINDER, bills of, what they are, 220.

ATTAINDERS, could not be collaterally impeached, 222.
what are now judicially regarded as such, 222.

BAIL, excessive, not to be required, 262.

BANKERS' case, 196.

BANKRUPTCIES, uniform laws upon, 525.

difference between them and State insolvencies, 526.

powers of Congress over, 527, 528.

BANKRUPTCY LAWS, why the power to pass was given to Congress,

287.

number passed by Congress and date, 527.

BILL OF RIGHTS, its absence in the Constitution of United States
explained, 202.

first nine articles of the Constitution constitute a Bill of Rights, 202,
203.

BILLS OF CREDIT, their nature, 275.

how they differ from a loan, 276.

BILLS OF PAINS AND PENALTIES, see EX POST FACTO LAWS, 224.
BLUNTSCHLI, his differentiation of ancient and modern States, 115
BONDS, coupon, not bills of credit, 276.

BOROUGHS, discreditable features of, 25.

BRIDGES, regulation of, belongs to States, 470.

CALIFORNIA, when admitted into the Union, 163.

CALVIN'S case, 196.

CANALS, State not under supervision of Congress, 470.
CENSUS, decennial, for what purpose established, 94.
CESSIONS OF TERRITORY, 506, 509.

by original States to the United States, 511.

of land to colonists while occupied by Indians, 511.

within States to General Government, 516.

what rights they convey, and how acquired, 517, 518.

CHARTERS, except municipal, are a contract, not to be violated, 285.
municipal, may be altered at the pleasure of the Legislature, 286.
what powers the colonial ones gave, 388, 390.

colonial, annulled by quo warranto, 389.

CHURCH, the Congregational, its part in the foundation of the Govern-
ment of the United States, 60.

the nucleus of civil government, 61.

CICERO, his definition of a Commonwealth, 118.

CITIZEN, differs from subject, 14.

its general meaning in the United States, 14.

as distinguished from denizen, 15.

CITIZEN-Continued.

when first defined in the Constitution, 35.

stands before the State in modern political society, 120.
his relations to the State, 124.

CITIZENSHIP, defined in the Constitution, 303.

what its rights imply, 536.

CIVIL LIBERTY, see LIBERTY.

CIVIL RIGHTS ACT, why it was passed, 555.

CLAIMS, Court of, object of its establishment, 230.

COASTING TRADE, exclusively under control of Congress, 469.
COIN, meaning of the word as applied to the currency, 479.
COLLEGES, Congress may donate lands to, 559.
COLONIES, their transformation into States, 81.

originally constituted as sovereign States, 82.

their status before the Declaration of Independence, 86.
COLONISTS, American, whence they drew inspiration, 7.

what circumstances favored them in establishing a republican govern.

ment, 27.

COLORADO, when admitted into the Union, 165.

COLUMBIA, District of, 506.

jurisdiction of Congress over, 507.

COMMERCE, what it comprehends under the Constitution, 466.

inter-state, no tax to be laid upon, 290.

except to execute inspection laws of a State, 290.

power over, lodged in Congress, 291.

difference between, domestic and inter-state, 291.
rules governing the two kinds, 291.

inter-state, police power of States over, 295, 296.
how regulated, 462.

differences in circumstances of, 463.

object of bestowing power upon Congress, 464.

by corporations, 466.

inter-state, what it includes, 468.

cannot be taxed by States, 468, 473.

power to regulate, what it means, 471.

inter-state, summary of relative powers of States and Congress over

it, 472.

with Indian tribes, power of Congress over, 475.

qualifications as to its extent, 476.

does not apply to small tribes, 477.

nor individuals living off reservations, 477.

limits of this power as to contracts, crimes, etc., 478.
COMMONWEALTH, its principles the underlying ones of our Republic, 2.
the Puritan, its basis ecclesiastical, 58.

as a designation of the State, 397.

COMPACT, first, of Pilgrims, made in the Mayflower, 65.

second, compact of colonists a renunciation of authority of Parliament, 67.

CONFEDERATION, first, of New England colonies, 68.

of thirteen colonies, of November, 1777, 76.

its chief service, 77.

Articles of, objections to, 216.

CONFLICTS OF JURISDICTION, between departments, 206.
no evidence of hostility, 207.

CONGRESS, colonial, first advocated by Franklin, 74.

first continental, did not seek to revolutionize colonies, 75.
basis of representation in, 95.

omnipotent to decide upon the political status of a State, 120.
CONGRESSIONAL LEGISLATION, 451.

its little value under the confederation, 451.

what the Constitution has done for it, 452, 453, 454.
how classified, 455.

original or primary, 455.

to lay and collect taxes, etc., 455.

what Congress may tax, 456.

powers over the currency, 457.
legal tender acts, 458, 459.
regulation of commerce, 460.
inter-state commerce, 462.

its power over police powers of a State, 469.
power over the currency, 479.

power to make paper currency a legal tender, 480.
may grant extension of patents, 489.

reserve certain privileges to assignees, 489.
limitations upon these powers, 489.

punish piracies, 493.

limits of its criminal jurisprudence, 493.
war powers of Congress, 494, 495, 496.

support of armies, 498.

maintenance of a navy, 499.

government by it of land and naval forces, 500.

concurrent powers with States, 521.

extent of its power over bankruptcies, 527, 528.
concurrent power with States over the militia, 531.
federal elections, 531.

suppletory and corrective powers, 537.

whence they are derived, 538.

enumeration of all powers impossible, 539.
what is meant by "necessary" powers, 540.
incidental powers, 541.

its treaty-making power, 543.

may grant privileges by treaty to aliens, 543.

how it may punish wrongs to aliens, 544.

what redress it guarantees to aliens, 544, 545, 546.