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Exports, stamp tax on tobacco, not a Goods, foreign, when not taxable by

tax on, 248.

Tax on, 247.

Expost facto laws, definition of, 241–243,

251.

Limitation of powers of State Legis-

latures, 241.

Estate, real, confiscation of, 324.

Extradition, by State courts, of aliens,
239.

Extradition by States, 336.

F.

States, 178.

Government, decision of, as to its repub-

lican form, 344, 345.

Departments of, co-ordinate, 284.
Guarantee to States of a republican
form of, 343.

Rights of, in civil war, 222.
Seat of, 229.

Greenbacks not taxable by State author-
ity, 180.

Action of Supreme Court in regard to
the legal tender quality of, 183.
Legal tender quality of, 182.

Felonies may be prosecuted upon infor- Grievances, redress of, 356.

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His opinion of the future of America, Habeas corpus, case of Milligan, 316.

135.

Opinion on representation in the

British Parliament, 138.

Presents a plan of union in 1775,

158.

Views of in regard to independence,

148.

Freedom of religion, 355, 356.
Fugitives from justice, 334.

From justice, how subject to trial,
335.

From justice, may be tried for other
crimes than charged in requisi-
tion, 334.

From justice, unlawful seizure of,
336.

From slavery, decision in regard to,
309.

Fulton, Robert, grant to, to exclusive
rights of navigation in the State
of New York, 190.

G.

Garland, decision in case of, 282.

Jurisdiction of courts in applications

for the writ of, 236.

Limitations as to the privilege of the
writ of, 236.

Nature of writ of, 238.

Privilege of writ of, as to slaves,

236.

Privilege of writ of, in England,

235.

Privilege of writ of, in the Confeder-
ation, 235.

Under statute of March 3, 1863, 372.
Writ of, 235.

Writ of certiorari in application for
writ of, 237.

Hanover, county of, Virginia, proposes
union of colonies, 153.
Head Money Cases, 201.

Head taxes, decision of, in "Passenger
Cases," 198.

Henry, Patrick, speech of, 152.

High seas, felonies on, how punishable,
220.

Highways and bridges instruments of
interstate commerce, 197.

Georgia, State of, controversy with House of Commons, changes in the,

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Kansas, legislation of, in regard to
manufacture of spirituous and
malt liquors, 203.

Sale of intoxicating liquors in, 204.
Kendall, Postmaster-general, case of,
298.

Kent, Chancellor, proceedings by, in the
case of Gibbons and Ogden, 191.
Kilbourn, case of, arraigned for con-

tempt of order of the House, 175.
King, allegiance of colonies to the, 134.
James, claim of, 139.

Of England, Declaration of Inde-
pendence against the, 134.
The original proprietor of lands, 139.

L.

Lands, cession of, by States, 164.
Powers of general government to
acquire, 230.

Lateran, Council of, 136.
Law, common, jurisdiction does not
exist, 307.

Constitutional, as to treaties, 293.
Due process of, 364.

Due process of, considered, 391.
Due process of, defined, 392.

Due process of, when, in certain cases,
393.

Of nations not a code, 224.
Profession of, not an immunity under

the United States, 332.

Right to practise, not guaranteed by
Fourteenth Amendment, 396.

Of crimes, none, except by statute, Laws, equal protection of, considered,

307.

Of States over navigable waters, 308.

392.

Expost facto, 241, 251.

Laws of England injurious to the colo- Marshall, Chief Justice, opinion of, in

nies, 150.

Of the United States supreme over

State laws, 354.

Organic, of United States, 1.
League, the Confederation only a, 159.
Legal tender, greenbacks made a, 182.
Controversy in Supreme Court, 183.
Legal tender cases, rules drawn from
the decision in, 186.

Liberties and rights of the colonies as
declared by the Congress of 1774,
143.

Liberty, Sons of, in New York forecast
the American Union, 153.

"License Cases," 203.

License, when a contract, 270.
Limitations, statute of, removed, how,
393.

Lincoln, President, action in regard to
confiscation, 323.

Proclamation of, suspending privi-
lege of writ of habeas corpus,
235.
Liquors, imported, sale of, at retail may
be regulated by States, 203.
Intoxicating, decision in regard to
manufacture and sale, 204.

regard to changes wrought by
the Preamble to the Constitution,
168.

Maryland, cession of land by, 164.
Massachusetts, declaration of Rights by,
in 1661, 142.

Provisions of charter of, 137.

Re-enacts laws of Parliament, 141.
Mecklenburg Declaration, 155.
Merchandise, foreign, when not taxable
by States, 178.

Imported, not liable to taxation by
States, while in the original pack-
ages, 201.

In the hands of a carrier is not
taxable when being carried from
State to State, 197.

Right of transportation of, among
the States, 191.

Mexican peonage prohibited, 387.
Military commissions not revisable by
the courts, 303.
Commissions, 316.

Commissions, when illegal, 317.
Military organization in permanent con-
trol, of a State, inconsistent with
republican government, 350.

Intoxicating, prohibition of sale of, Militia, exigency for calling out, who

396.

Power of States to regulate the traf-

fic in, 268.

London, Board of Trade of, 146.

may decide, 228.

Power of Congress over the, 226.
Rights of States as to control of, 358.
Who constitute the, 228.

Louisiana, treaty of, cession of, how Milligan, case of, 316.

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Nations, foreign, power of Congress to
regulate commerce with, 190.

Naturalization, 205.

Navigation, power of Congress over,
in waters within a State, 190.
Navy, power of Congress over, 225.
Negroes, condition of the, when the
Constitution was formed, 386.
Importation of, 284.

Rights of, as to jury duty, 390.
New England, united colonies of, 157.
New York, city of, resistance to Stamp
Act, 150.

Grant by, to Robert Fulton of rights

of navigation, 190.

New York Mercury, statement by, in
1764, 136.

Notes, United States, not taxable by
State authority, 180.

Of Southern Confederacy, how val-
ued, 269.

0.

Obligations, issued by States, when
treated as bills of credit, 249,
250.

Office, when a contract, 270.

Officers of States, when exempt from
suits, 382.

Ogden and Saunders, case of, 207.
Ohio, compact between old States and

States to be formed out of terri-
tory northwest of river of, 28.
Government of territory north-west

of river of, 23.

Ordinance for the government of the
territory northwest of the river
of, 164.

River of, slavery prohibited in terri-
tory northwest of, 31.
Opinion, progress of, in favor of a strong
government from 1777-1787, 162.
Ordinance for government of territory
northwest of river Ohio, 23.

Its value, 166.

Of 1787, legal effect of, upon the in-
habitants, 164.

Slavery prohibited by, 165.

Terms of, 165.

Otis, James, speech on representation,
138.

On Magna Charta, 143.

P.

Pacific Railway, Union, case of, 312.
Palmer, case of, 220.

Papers, private, exempt from seizure,

362.

Pardon, definition of, 281.
Effect of, 284.

Legal effect of, 281.

Pardoning power, its origin, 282.
Pardons, authority of President to grant,
281.

Parliament, attempts of, for supremacy
over the colonies, 148.

Denial of right of, by James First,
139.

Denial of right of, to legislate for the
colonies, 134.

Laws of, oppressive upon the colo-
nies, 150.

Laws of, re-enacted by Massachu-
setts, 141.

Taxation by, influence of, 133.
Parties cannot, by agreement, limit ju-
risdiction of courts, 310.

"Passenger Cases," action of Southern
judges in, 200.

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Pensions, payment inviolate, 388.

Under act of 1793, 171.
People, reservation of powers to, 375.
Pilots, fees of, a tax on commerce, 247.
Powers of States as to, 247.
Pinckney, Charles, plan of Constitution
of, 167.
Piracies, 220.

Plaintiff, when nominal only, how
treated, 306.

Plymouth Colony, assertion of rights
by, 141.

Police, powers of States not impaired by
Fourteenth Amendment, 392.
Polygamy not excused by plea of reli-
gious opinion, 357.

Post offices, power of Congress to es-
tablish, 217.

Speech of, on writs of assistance, Post roads, power of Congress to estab-

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Congress possesses implied, 232.

Punctuation, error in, in clause of Con-
stitution relating to confiscation,
321-323.

"No part of statute," refuted, 321.
Origin of the phrase, 322.

Q.

Equity, of United States, cannot be Quorum, authority of Speaker of House

restrained by States, 310.
Executive, vested in the President,

171.

In government, distribution of, 171.
Judicial, vested in courts, 171.
Legislative, vested in Congress, 171.
Reservation of, 375.
Preamble to the Constitution, growth
of the, 167.

To the Constitution, proceedings of
convention in relation to, 167.
To the Constitution, its effect upon
the rights of States, 170.
President, duties of, 297.

Duty of, in case of insurrection in
States, 345.

Executive powers vested in, 171.
His power over the militia of the
States, 226.

History of the rule for commencing

term March 4, 278-280.
Mode of choosing electors of, what
States may do, 277.
Mode of electing, 277, 383.
Pardon by, legal effect of, 281.
Power of, in case of conflict as to

legal government in a State,
344.

Power of, to grant pardons, 283.
Presumptions in favor of the legality
of his doings, 228.

Whether subject to writ of manda-
mus, 299.

Prigg case, 308.

Privileges of members of Congress,
173.

And immunities, guarantee of, does
not include those derived from
States, 332.

Incident to citizenship, 331.
Process, due, of law, 364, 391-393.
Property, captured and abandoned,

283.

Personal, confiscation of, 324.
Private rights of owners of, 367.
Rights of, vest under treaties, 352.

of Representatives to count a, 176.

R.

Randolph, plan of United States Consti-
tution of, 167.

Rebellion, confiscation of property in
time of, 222.

Pardoning power in cases of, 282.
States in, not competent to impair
the obligation of contracts, 265.
Records, public, how proved, 328.
Religion, freedom of, 355, 356.
Reprieves, history of, 282.
Republican form of government, guar-
antee of, 343.

Form of government, guarantee of,
Congress to determine the means
of execution, 345.

Nature of guarantee of, 345.
Nature of guarantee of, explained,
346.

Reservations, Indian, powers of Con-
gress over, 342.

Rhode Island, controversy in, in regard
to the legal government, 343.
Richardson, William A., notes by, in
regard to punctuation, 322.
Rights, Declaration of, 137.

And liberties, as declared by the Con-
gress of 1774, 143.

And privileges of members of Con-
gress, 173.

Of the colonies, feudalism the basis
of, 143.
Personal, 388.
Vested, 259.

S.

Scott, Dred, 205, 206.
Seat of government, 229.

Secession, its effect upon the political
condition of States, 346-350.
Securities of United States not taxable
by States, 179.

Not taxable by municipal corpora-
tions, 180.

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