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INDEX

TO

THE FIFTH VOLUME.

NOTE. The Table and the Summary of Contents prefixed to the Ar-
guments of Mr. Jefferson and Mr. Livingston, are so exact and minute,
as to supercede the necessity of any notice of those papers in this Index.

ACTS of CONGRESS, quoted or explained.

6th July, 1798. Aliens

12 Dec. 1812. Army, Arrest
28 Feb. 1795. Militia

26 June, 1812. Prizes, Slaves
2d Mar. 1807.

Slaves

24th Sept. 1789. State Laws

Legislature of Pennsylvania,

1st Nov. 1780. Slaves

29th Mar. 1788.

12th Mar. 1812. Insolvents

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339

1783, ch 2. County Warrants

353

North Carolina, 1778, ch. 3. Boundaries, Treaty

342

1812,

Non-Execution Law

620

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364

Virginia,

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Maryland, Feb. 1777,

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Jan. 1814,

Habeas Corpus

486

Council of Vermont,

Oct. 1814,

Constitution of U. S.

495

540

Council of Revision of New York-Raising Troops,

ACTION, right of, see WARRANTY.

ALIENS; an alien enemy who refuses to remove under the act

of July, 1798, may be imprisoned by the marshal until
his removal can be effected

ALMEIDA, v. Slaves, decision of Judge Drayton,

BANK OF COLUMBIA, v. Patterson, opinion of the court,
BOLTON'S case, opinion of the court,

CONSTITUTION of the U. S. quoted or explained,

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CORPORATION may be bound by instruments not under seal, 489
if a committee be appointed by a corporation to make con-
tracts for its benefit, which is done, and a note is passed to
pay the money promised by the committee, the corpora-
tion is bound,

CHITTENDEN V. JONES, Taylor's decision,

COURT MARTIAL, organized under the authority of a state,
cannot take cognizance of offences against the U. S.
COULTER'S Lessee v. HODGE, Overton's decision,
DAMAGES; in ejectment the measure of damages should be,
the value of the land at the execution of the deed, with

ib.

520

476

342

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GOLDEN V. PRINCE, Washington's decision,

HABEAS CORPUS, may be issued by a state court to inquire
into the detention of a person committed under the authori-
ty of the United States,

330

476

474

502

315

354

455

In Maryland, the truth of the return may be controverted, 488
HARPER'S view of the Yazoo controversy,
HAMILTON'S Opinion on the same subject,
INDEBITATUS ASSUMPSIT will lie against a corporation on a
promise not under seal,

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489

İNSOLVENT laws, impair the force of contracts, and are void, 507
JURISDICTION, see Habeas Corpus. Under the "act respect-
ing aliens," the President of the U. S. may establish such
regulations as he may deem necessary for the public safe-
ty; and the marshal may enforce them without recurring
to judicial authority for that purpose,

the disposition of slaves captured in time of war, is a mat-
ter of state, over which the judicial authority has no juris-
diction,

LOCKINGHAM, an alien enemy, case of,

315

458

92, 301

LEGISLATURE, whether it has power to inquire into the con-
stitutionality of the acts of a former session?

whether an act can be set aside on account of the motives
which governed the framers of it?

354

ib.

LEWIS, negro, case of

466

MARYLAND, house of delegates of, refuses to revive an act

to prevent the growth of Toryism," as proposed by the
senate, lest the proposers might be the first victims,

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MURRAY v. M'Lane, case of, opinion of the court,

514

NOTICE, see Warranty.

NAVY, officers of the navy may board a merchant vessel be-

563

longing to a citizen in the waters of the United States, [Quere]

PRESIDENT, see Jurisdiction.

PROBABLE CAUSE, what shall amount to,

518

520

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339

459

POSSESSION, not necessary to be in the grantor of land in Tennessee, at the time of conveyance, SLAVES, captured in time of war, are not to be considered as prize or as prisoners, domestic slaves of members of congress who are attending on the family of their masters, even during its recess, gain no title to freedom, although they remain in Pennsylvania, whether the seat of congress be in that state or elsewhere, 473 YAZOO claims, Hamilton's opinion,

Harper's

455

354

330

UNITED STATES v. the schooner Active, Toulman's opinion, 543 WARRANTY, in an action of covenant on a warranty in a deed of bargain and sale, brought by the heirs of the warrantee against the grantor, in consequence of the ancestor having been evicted by an action of eje ctment, brought by a third person, it is not necessary that the plaintiffs should prove that the warrantor had notice of the action, if he had notice of the action, he is bound by it; if he had not, he may dispute the verdict, in such action, it is not necessary to show the better title, by which the warrantee was evicted, the right of action in this case descends to the heirs of the warrantee; but if the ancestor had brought suit in his lifetime, his personal representatives would be entitled to the benefit of it,

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in such action, the measure of damages should be the value of the land at the execution of the deed, with interest and costs,

ib.

ib.

ib.

ib

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