COURTS-continued.

action of, not to be set aside by legislature, 113.

may not control the executive, 136.

must act by majorities, 115, n.

not to be open on election days, 772.

power to declare laws unconstitutional a delicate one, 192.

will not be exercised by bare quorum, 195.

nor unless necessary, 196.

nor on complaint of one not interested, 196.

nor of one who has assented, 196.

will not declare laws void because solely of unjust provisions, 197-202.
nor because in violation of fundamental principles, 202–204.

nor because conflicting with the spirit of the constitution, 204–206.
nor unless a clear repugnancy between the laws and the constitution,
206-209.

special, for trial of rights of particular individuals, 484.

of star chamber, 416.

of high commission, 417.

martial, 390, n.

of the United States, to be created by Congress, 12.

CREDIT,

general powers of, 17.

removal of causes to, from State courts, 18-20.

to follow State courts as to State law, 20-23.

to decide finally upon United States laws, &c., 18.
require statutes to apportion jurisdiction, 29, 30.
have no common-law jurisdiction, 30.

in what cases may issue writs of habeas corpus, 420-422.
See JURISDICTION.

bills of, 23.

CREDITOR,

control of debtor by, 416.

CRIMES,

committed abroad, punishment of, 149.

legislative convictions of, prohibited, 24, 44, 316, 317.

ex post facto laws prohibited, 24, 44, 318.

punishment of, by servitude, 363.

search-warrants for evidence of. See SEARCHES And Seizures.

accusations of, how made, 374.

presumption of innocence, 375–377.

right of accused party to bail, 375–377.

prisoner refusing to plead, 377, n.

trial to be speedy, 377.

and public, 379.

and not inquisitorial, 379.

prisoner's right to make statement, 380–386.

confessions as evidence, 380–386.

prisoner to be confronted with the witnesses, 387, 388.

CRIMES-continued.

exceptional cases, 387.

to be by jury, 374, 389.

jury must consist of twelve, 390.
right to jury cannot be waived, 390.
prisoner's right to challenges, 391.
jury must be from vicinage, 391.

must unanimously concur in verdict, 392.
must be left free to act, 392.

judge not to express opinion upon the facts, 392.
nor to refuse to receive the verdict, 393.

but is to give instruction in the law, 393, 394.
how far jury may judge of the law, 394-397.
acquittal by jury is final, 395.

accused not to be twice put in jeopardy, 398.

what is legal jeopardy, 399.

when nolle prosequi equivalent to acquittal, 399.
when jury may be discharged without verdict, 400.
second trial after verdict set aside, 401.

cruel and unusual punishments prohibited, 401-403.
counsel to be allowed, 322, 403–411.

oath of, 404.

duty of, 404-411.

denial of, in England, 405.

court to designate, for poor persons, 406.

whether one may refuse to act, 406.

privilege of, is the privilege of the client, 407.

not at liberty to withdraw from case, except by consent, 408.
how far he may go in pressing for acquittal, 409.

duty of, as between the court and the prisoner, 409.

whether to address the jury on the law, 410.

summary punishment of, for misconduct, 410, 437, n., 498, n.
not to be made the instrument of injustice, 411.

intoxication no excuse for, 584, n.

habeas corpus for imprisoned parties, 412-426.

accusations of, are libellous per se, 519, 520.

but privileged if made in course of judicial proceedings, 542-544.
violations of police regulations of States, 745.

CRITICISM,

of works of art and literary productions is privileged, 557.

but not of the personal character of the author, 557.

See LIBERTY OF SPEECH AND OF THE PRESS.

CROWN OF GREAT BRITAIN,

succession to, may be changed by Parliament, 103.
union of the colonies under, 7.

CRUEL AND UNUSUAL PUNISHMENTS,
constitutional prohibition of, 401.

what are, 402, 403.

CUMULATIVE PUNISHMENTS,

for counterfeiting money, 29.

under State and municipal laws, 239.

CURATIVE LAWS, 454-471.

CURTESY, ESTATE BY THE,

power of legislature to modify or abolish, 440.

CUSTODY,

of wards, apprentices, servants, and scholars, 414, 415.
of wife by husband, 413.

of children by parents, 414.

of principal by his bail, 415.

CUSTOMS. See COMMON LAW; DUTIES AND IMPOSTS.

D.

DAM,

to obtain water power, condemnation of land for, 657-661.
effect of repeal of act permitting, 473, n.

erection of, across navigable waters by State authority, 732.
destruction of, when it becomes a nuisance, 740.

DAMAGES,

in libel cases, increased by attempt at justification, 537.
when exemplary, not to be awarded, 560.

for property taken by the public, must be paid, 691.
See EMINENT DOMAIN.

DAMAGING,

property in course of public improvements, 689, 690.
DAMNUM ABSQUE INJURIA,

what consequential injuries are, 473, 668, 689.

DEATH,

common carriers may be made liable for causing, 715.
DEBATES,

in Parliament formerly not suffered to be published, 513.
in American legislative bodies, publication of, 514, 515, 562-564.
privileges of members in, 546–549.

DEBT,

See LIBERTY OF SPEECH AND OF THE PRESS.

public, declared inviolable, 14.

Confederate, not to be assumed or paid, 14.

imprisonment for, may be abolished as to pre-existing obligations, 348.

imprisonment for, now generally abolished, 416.

DEBTOR,

control of creditor over, 416.

DEBTS BY THE STATE,

prohibition of, whether it precludes indebtedness by municipalities, 270-

273.

DECENTRALIZATION,

the peculiar feature in American government, 223.

DECISIONS,

judicial, binding force of, 60-68.

See JUDICIAL PROCEEDINGS.

DECLARATION OF RIGHTS,

was a declaratory statute, 34, 311, 312.

See BILL OF RIGHTS.

DECLARATORY STATUTES,

in English constitutional law, 32-36.

are not encroachments upon judicial power, 110-113.
judgments not to be reversed by means of, 111-113.
purpose and proper force of, 110-113.

DEDICATION,

of lands to public use, 697.

DEEDS,

invalid, may be confirmed by legislature, 454-467.

but not to prejudice of bona fide purchasers, 465, 470, n.

DEFENCES,

not based upon equity, may be taken away by legislature, 454-467, 478.
under statute of limitations are vested rights, 448.

DEFINITIONS,

of a State, 3.

of a nation, 3.

of a people, sovereignty, and sovereign State, 3.

of a constitution, 4.

of an unconstitutional law, 5.

of construction and interpretation, 51, 52.

of self-executing provisions, 99.

of legislative power, 108.

of judicial power, 109.

of declaratory statutes, 110.

of due process of law, 431.

of law of the land, 431.
of personal liberty, 412.
of civil liberty, 485, n.
of natural liberty, 484, n.
of liberty of the press, 516.
of liberty of speech, 516, 518.
of religious liberty, 571-577.

of taxation, 587.

of the eminent domain, 643.

of police power, 704.

of domicile, 754.

of incompatibility in offices, 748, n., 749, n.

of officer de jure, 750.

of officer de facto, 750.

of ballot, 760.

DELAWARE,

revenue bills must originate in lower house, 157, n.

right of jury to determine the law in cases of libel, 394, n.
protection of person and property by law of the land, 429, n.
liberty of speech and of the press in, 511, n.
privilege of legislators in debate, 547, n.
exclusion of religious teachers from office, 574, n.
religious tests forbidden, 575, n.

DELEGATION OF POWER,

of judicial power, not admissible, 115, 504.

by the legislature not admissible, 137-146.

except as to powers of local government, 139, 140.
such delegated power may be recalled, 140.
by municipal corporations invalid, 248.
by officers in inflicting punishment, 403, n.
DEPARTMENTS OF THE GOVERNMENT,
division of powers between, 45-50, 104-110.
equality of, 54, n, 56, n, 59, n.
DESCENT, LAW OF, 438-440.
DESECRATION OF THE SABBATH,

constitutional right to punish, 584, 725, 743, n.
DESTRUCTION OF PROPERTY,

to prevent calamities, 260, n., 646, n., 739, 740.

DIRECTORY STATUTES,

what are, and what are mandatory, 88–98.

doctrine of, not admissible as to constitutional provisions, 93–98.

DISABILITIES,

personal, do not follow into another jurisdiction, 28, n.

DISCRETIONARY POWERS,

department to which they are confided decides finally upon, 53, 133-136.
DISCRIMINATIONS,

cannot be made in taxation between citizens of different States, 489, 597.
in legislation between different classes, 479-491.

in the privileges and immunities of citizens, 13, 24, 481-491, 733.

not to be made on account of religious belief, 575–586.

DISCUSSION,

right of, 426, 427.

See LIBERTY OF SPEECH AND OF THE PRESS.

DISFRANCHISEMENT,

of voters, may render a statute void, 775.

what classes excluded from suffrage, 40, 41, 88, 752, 753.

DISTRICTS,

for schools, powers of, 223-225, n., 295.

exercise by, of power of eminent domain, 661.

for taxation, necessity for, 610-613.

not to tax property outside, 615.

taxation to be uniform within, 617.