ESTOPPEL,

by judgment only applies to parties and privies, 60, 62.
does not depend on reasons given by the court, 62.

does not apply in controversy about new subject-matter, 63.
of the State by its legislation, 87, n., 310.

of individuals by legislation, 115.

EVASION,

of constitutional provisions, 166, n.

EVIDENCE,

by recitals in statutes, 115.

collecting by legislature, 161.

complete control of legislature over rules of, 349, 450.
conclusive rules of, not generally admissible, 452, 453.
confessions of accused parties as, 380-386.

dying declarations, when are, 388.

search-warrants to obtain, not constitutional, 370, 371, n.
correspondence not to be violated to obtain, 371, n.

accused party not compelled to give, against himself, 379.

by accused parties in their own favor, 384-386.

against accused parties, to be given publicly, and in their presence, 387.
communications by client to counsel not to be disclosed, 407.

in State courts, State laws control, 592, 593, n.

to explain imperfections in ballots, 765-769, 789.

EVIL TO BE REMEDIED,

weight of, in construing constitutions, 79, 101, n.

what in view in requiring title of act to state the object, 170.
EXAMINATIONS,

of accused parties, when to be evidence against them, 379, 380.
EXCESSIVE PUNISHMENTS,

constitutional prohibition of, 401.

EXCESSIVE TAXATION,

renders tax proceedings and sales void, 638, 639.

exemptions from, may be increased without violating pre-existing con-

tracts, 347, 348.

and may be recalled, 471.

imprisonment upon, may be abolished, 350.

EXECUTIVE,

construction of constitution by, 53-56.

weight of practical construction by, 81.

not to be exercised by legislature, 104, 133-137.
exercise of, not to be controlled by the judiciary, 136.
of the United States, 16, 17.

EXECUTORS AND ADMINISTRATORS,

special statute, authorizing sales by, 115-122.
propriety of judicial action in these cases, 116.
legislature cannot adjudicate upon debts, 123.
EXEMPLARY DAMAGES,

against publisher of newspaper, 560-562.

EXEMPTIONS,

provisions for, when self-executing, 100.
waiver of right to, 215.

from taxation, when not repealable, 146, 337, 338, 472.
power of the legislature to make, 632.

from public duties, &c., may be recalled, 277, 471.

of property from right of eminent domain, 340.

of property from police power of the State, 340, 341.

from execution may be increased without violating contracts, 347, 348.

of debtor from imprisonment, 348, 416.

privilege of, may be made to depend upon residence, 490.

laws for, not to be suspended for individual cases, 482, 483.

EX PARTE PROCEEDINGS,

how far binding on parties interested, 503.

publication of, not privileged, 549, 550.

EXPECTANCY,

interests in, are not vested rights, 438.

EXPEDIENCY,

questions of, are legislative, 202-205.

EXPOSITORY ACTS. See DECLARATORY STATUTES.

EX POST FACTO LAWS,

States not to pass, 24, 318.

meaning of the term, 319.

only applies to criminal laws, 319.

classification of, 319.

laws in mitigation of punishment are not, 320.

what is in mitigation, and what not, 321-328.

modes of procedure in criminal cases may be changed, 326.
punishment of second offences, 327.

EXPRESSION OF POPULAR WILL,

must be under forms of law, 747.

EXPULSION,

See ELECTIONS.

of legislative members for misconduct, 158.

EXTRADITION,

of criminals as between the States, 24, 25, 26, n.

of persons accused of libel, 392, n.

between sovereignties, 26, n.

treaties for, may be retroactive, 328, n.

F.

FACT AND LAW,

province of judge and jury respectively, 392-397.

in libel cases, 564.

FAST DAYS,

appointment of, does not violate religious liberty, 578.
FEDERAL COURTS. See COURTS OF THE UNITED STATES.
FEDERALIST,

on the power to supersede the Articles of Confederation, 9, 10, n.
reasons of, for dispensing with national bill of rights, 311.
reference in, to laws violating obligation of contracts, 328.

FEE,

whether the public may appropriate, in taking lands, 687.
FEMALES,

accusation of want of chastity not actionable per se, 520.

granted to municipal corporations, may be resumed, 332, 333.
strict construction of, 486-488.

grants of, by the State across navigable waters, 731.

police regulations respecting, 732.

FEUDAL KINGDOM,

definition of, 33, n.

FIFTEENTH AMENDMENT,

provisions of, 14, 15, 753.

FINE,

remission of, 135, n.

FIRE,

destruction of buildings to prevent spread of, 646, 739.
precautions against, by establishing fire limits, 245, 739.

FISHERY,

public rights of, in navigable waters, 642.
restrictions upon, 247.

FLORIDA,

judges of, to give opinions to the governor, 53, n.
divorces not to be granted by legislature, 129, n.
exercise of the pardoning power restrained, 135, n.

FLORIDA-continued.

protection to person and property by law of the land, 430, n.
liberty of speech and of the press in, 512, n.

privilege of legislators in debate, 547.

religious liberty in, 575, n.

religious belief not to be a test of competency of witness, 586, n.

private property not to be taken without compensation, 694, n.
FOREIGN CONTRACTS,

enforcement of, 150.

FOREIGN CORPORATIONS,
powers of, 150.

FOREIGNERS. See ALIENS.

FORFEITURES,

under municipal by-laws, 248, n.

must be judicially declared, 125, 316-318, 445, 446.
FORMS,

prescribed by constitution are essential, 93-98, 209.
FOURTEENTH AMENDMENT,

protections of, 13-16, 357, 489, 733.

FOURTH OF JULY,

celebration of, at public expense, 261.

FOX'S LIBEL ACT,

provisions of, 566.

FRANCHISES,

of incorporation, when they constitute contracts, 334, 335.
granted to municipal bodies may be resumed, 228, 333.
repeal of, where right to repeal is reserved, 472, 711.
strict construction of, 231, 232, 486, 487.

police regulations respecting, 709-716.

may be appropriated under right of eminent domain, 646.

FRAUD,

as affecting decrees of divorce, 494.

FREEDMEN,

made citizens, 13, 357, 733.

FREEDOM,

maxims of, in the common law, 32, 33.

gradually acquired by servile classes in Great Britain, 359-364.

See PERSONAL LIBERTY.

FREEDOM OF ELECTIONS,

provisions to secure, 771.

bribery and treating of electors, 772.

militia not to be called out on election day, 774.

courts not to be open on election day, 772.

betting on elections illegal, 772.

contracts to influence elections void, 772, 773.

FREEDOM OF THE PRESS,

Hamilton's reasons why protection of, by bill of rights, not important,
312.

FREEDOM OF THE PRESS-continued.
opposing reasons by Jefferson, 313, n.

See LIBERTY OF SPEECH AND OF THE PRESS.

FREEDOM OF SPEECH,

definition of, 516, 518.

See LIBERTY OF SPEECH AND OF THE PRESS.

FUGITIVES FROM JUSTICE,

to be delivered up by the States, 24-27 and notes.
surrender of, under treaties, 26, n.

FUNDAMENTAL LAW,

constitutions are, 4.

FUNDAMENTAL RIGHTS,

bills of, in State constitutions, 47.

in the national Constitution, 311-313.

in England, 32, 312.

are before constitutions, 49.

statutes in violation of, 196-206.

under fourteenth amendment, 13, 14, 357, 489, 733.

GAMING IMPLEMENTS,

G.

keeping of, for unlawful games may be prohibited, 742.

GENERAL INTENT,

when to control particular intent, 72, n.

GENERAL LAWS,

exceptions from, in some cases, 115–126.

required instead of special, by some constitutions, 152-154.

in cases of divorce, 129, n.

control municipal regulations, 239.

due process of law does not always require, 116, 433-436, 479-481.
submission of, to vote of people invalid, 137-144.

suspension of, 482.

changes in, give citizens no claim to remuneration, 343, 437.

respecting remedies, power to change, 322-327, 347-358, 442-453.

GENERAL WARRANTS,

illegality of, 359-368.

GEORGIA,

divorce cases to be adjudged by the courts, 129, n.

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

right of jury to determine the law in cases of libel, 394, n.
protection to person and property by law of the land, 430, n.

liberty of speech and of the press in, 512, n.

privilege of legislators in debate, 547, n.

religious tests for office forbidden in, 575, n.

private property not to be taken without compensation, 694, n.