AMENDMENTS TO CONSTITUTION (continued).
apply to the three departments alike, 156.

require no legislation to make them binding, 156.
examination and discussion of these limitations, 157.
(See BILL OF RIGHTS; LIMITATIONS.)

AMNESTIES,

general. (See PARDONS.)
ANGLO-SAXON. (See SAXONS.)

APPOINTMENT,

to office, power of, 542–557.
in whom vested, 542, 543.
objections to, 544, 545.

objections answered, 545, 546.

nature and extent of, 546.

functions of Senate in, 546.

force of the word "advise," 546.

whether includes power to remove, 547-552.
to fill vacancies, 552-554.

abuse of power of, 555-557.

(See TENURE OF OFFICE BILL.)

APPRAISEMENT LAWS,

nature of, 511.

(See OBLIGATION OF CONTRACTS; STAY LAWS.)

APPROPRIATION,

money to be drawn upon, 440.

ARISTOCRACIES,

what included in, 6.

ARMS,

right to bear, 148, 662.

reasons for protecting, 157.

abuse of prohibited, 157.

ARREST,

members of Congress exempt from, 145.

(See MARTIAL LAW; MILITARYy Arrests.)

ARTICLES OF CONFEDERATION, 42-52.

when adopted, 42.

general character of, 43, 44.

abstract of, 45-47.

not a law but a league, 47.

leading ideas of, 47–51.

no idea of a nation or of citizenship, 47, 48.

formative elements of were states, 48.

powers of, were directed against states, 49.
conferred no coercive power, 49, 50.
Congress the sole organ of, 50.

ARTICLES OF CONFEDERATION (continued).
limited powers conferred by, 50, 51.
steps to change, 53, 54.

ATTAINDER. (See BILLS Of Attainder.)

AUSTIN,

BAIL,

his division of law, 1.

definition of public law, 2.

description of sovereignty, 6, 8.
classification of governments, 7.

error in defining nation and sovereignty, 29.

not to be excessive, 149.

BANKRUPT LAWS,

power to enact, 341, 351.

is power in Congress or the states, 341, 342.

what laws Congress may enact, 345, 346.

statute of 1841, 346, 347.

cases under, 346, 347.

general policy and advantages of, 348-351.

BANKS, NATIONAL,

established under power to borrow money 217.
power to establish, 217–221, 264.

BILL OF RIGHTS,

none at first contained in the Constitution, 147.
supplied by amendment, 148.

contained in state constitutions, 149.

in the first eight amendments, 148.

upon whom restrictive, 150, 151.

not the states, but the general government, 151-156.

unfortunate effects of this rule, 154.

illustrations thereof, 154, 155.

proposed remedy, 156.

need the aid of no legislation, 156.

general examination and discussion of, 157-215

intent and force of, 214.

how far affected by military necessity, 214.

applies to the government of territories, 401, 402.

BILLS OF ATTAINDER,

prohibited, 409, 418.

both to Congress and the states, 409.

BILLS OF ATTAINDER (continued).

definition of, 409.

reasons for prohibiting, 410.

cases involving, 411, 417.

whether statutes requiring test oaths are such, 411, 418.
provisions of Missouri Constitution of 1865, 411, 412.
(See TEST OATHS.)

BILLS OF CREDIT,

states may not issue, 267.

definition of, 268.

BLACKSTONE,

his division of Law, 1.

illogical division of rights by, 489.

on pardoning power, 574.

BLOUNT, WILLIAM,

impeachment of, 599.

BORROWING MONEY,

power of Congress over, 262-266.

unlimited, 263.

methods of exercise, 217-219, 263.

through national banks, 264.

legal tender notes, validity of, 221-224, 264.

power of states over, 266.

limited in means but not in extent, 266, 267.

reasons for this limitation, 267.

BRITISH CONSTITUTION.

AIN.)

BROWNSON, O. A.,

(See CONSTITUTION OF GREAT Brit-

CASES (continued).

affecting ambassadors, 632, 633.

of admiralty, 634.

CENTRALIZATION,

idea of in United States government, 103.
contrasted with local government, 104.
history and source of, 104.

advocates of, 104.

proper relations of, to local government, 104, 105.
idea of, in formation of House of Representatives, 124.
CHARTERS,

of corporations. (See CONTRACTS; CORPORATIONS.)
CHASE, JUDGE,

impeachment of, 604, 605.

CHINESE,

discriminations against, 672, 674.

CITIZENS OF UNITED STATES,

entitled to protection at home, 154.

difficulty of affording complete protection against state acts, 155.
proposed XIVth Amendment to remedy this difficulty, 156.
discussion of same as passed, 170.

CITIZENSHIP OF UNITED STATES,

no idea of, in articles of Confederation, 48.

status of, 68, 69.

does not include the right of suffrage, 136.

a qualification for office, 141.

not conferred by residence in state, 674.

of person born of Chinese parents residing in the United States, 675.
CIVIL OFFICERS, what, 599.

CIVIL POLITY OF UNITED STATES GOVERNMENT, 102.
fundamental ideas of, 102-108.

COASTING VESSELS,

regulations concerning, 303.

COINING MONEY,

power of Congress over, 351-353.

necessity of, 351.

COLONIES, THE AMERICAN,
political condition of, 34.

COMMANDER-IN-CHIEF,

powers of, 588-598.

Congress has no such powers, 588, 589.

nature and extent of powers of Congress over the military, 589.
nature of powers of commander in time of peace, 589, 590.

in time of war, 591.

distinction between power to execute laws, and powers of com-
mander, 591.

COMMANDER-IN-CHIEF (continued).

additional powers in time of war, 593–598.

(See HABEAS CORPUS; MARTIAL LAW; MILITARY Gov-
ERNMENT; MILITARY LAW; WAR POWERS.)

COMMERCE,

what is, 272.

during the confederation, 273-275.

foreign, includes what, 285.

among the states, what, 312, 331.
Power over, regulation of, 269–337.
powers liberally construed, 216.
judicial construction of, 220, 221.

why intrusted to United States government, 270, 273.
three theories concerning power, 270, 271.

extent of, possessed by Congress, 273, 275, 330.

what possessed by states, 275, 276, 308, 309–312.
extends to means and instruments, 333.

to places where carried on, 333.

to subject-matter. 335.

liabilities of persons engaged in, 335, 336.

cases involving various regulations of, 309-329, 662-665.
regulation of, a power of government, 665.

COMMON DEFENCE,

meaning of, 227–229.

COMPENSATION,

of members of Congress, 145.

private property not to be taken without, 149, 166.

for private property taken for public use, 166, 167.

whether United States may ever take private property without,

168.

CONFEDERATION,

history of period prior to, 33-40.

political condition of period prior to, 34.

period of, 40.

sentiment of nationality during, 41, 42.

prostration under, 51, 52, 270.

commerce under, 273, 275.

territories under, 395, 396.

(See ARTICLES OF CONFEDERATION.)

CONFISCATION,

as a war measure, 379.

CONGRESS,

tendency of, to enlarge its powers, 121.
division of, into two houses, 123.
President really a third branch of, 123.