A.

Abridgments of the law, 569.
Absolute rights, 610.

of personal safety, 621.
of personal character, 631.
of personal liberty, 643.
of religious liberty, 657.

Acts of Congress and of Legislature, (see
Statutes.)
Adjudications, force of, 536, 541.
Admiralty Courts, when to proceed in rem
as to prize, 396.
criminal jurisdiction of, 397-404.
nature of proceedings in criminal

cases, 404.

have jurisdiction of cases of for-
feiture and seizure, 419.

as instance courts, 422-427.
as prize courts, 393-422.
(See Admiralty Jurisdiction.)
forms of writs and other process in,
426.

Admiralty jurisdiction, (see Admiralty
Courts.)

in prize cases, 394.

as to prize made on shore, 395.
when lost as to prize, 396.
in criminal cases, 397, 403, 415.
when it attaches, 398, 401, 405.
how distinguished from common
law, 405, 413, 414.
of maritime causes and contracts,
409-423.

history of, traced, 406–410.
in cases of general average and
salvage, 411, note, 412, 415.
none to enforce specific perform-
ance of contracts, 413, note.
of charter-parties, 412, 414.
what are civil cases of, 419.
is exclusive, 421.

Admiralty jurisdiction.

in cases of mortgage of ships, 414,
note, 415, note.
as to matters partly on sea and
partly on land, 422.
of maritime hypothecations, 423.
within ebb and flow of tide, 405,

409, 422.
upon navigable rivers, 408.
as to salvors and seamen, 424.
in personam and in rem, 425, 426.
Agent of a state may be sued in federal
courts, 388.
condition on breaking out of hos-
tilities, 66.

Aliens, by domicil, 84.

where sue for a tort, 340.
rights to sue in federal courts, 381.
excluded from enumeration, 245,

note.

Alliance, offensive and defensive, force
of, 61.
effect on licenses, 80.
Ally, coöperating, liable to confiscation of
property, 80.
not to trade with enemy, 80.
included in treaties of peace, 177.
Ambassadors, free from arrest, 15.
immunity of, established, 191.
when suspended, 46.
grades of, 48.

binding acts of, 49.
Animus manendi, 86.
Annexation of territory by Congress, 280.
Appeal, in criminal cases, 361.
Armed neutrality, the, 135, 160, 161.

accession of England to principles
of, 137.

Arms of the sea, 29, 32.
Arrest, by sergeant-at-arms, 253.
by deputy of, 254.
Articles of confederation, 220.

jurisdiction, 391.
where it gives title to property,

285.

for contempt, 347.
Attorney-General of United States, 344.

B.

Bacon, Lord, his definition of war, 58.
his writings, 568.

Bail, in the Roman law, 584, note.
Baltic, maritime code, 136.

121-123.

Cases arising under the constitution, 362.
Casus fœderis, 60.

Ceded territories, (see Congress, and terri-
tories ceded, &c., and cession of

territory.)

jurisdiction over, (see State and
Congress.)

Cessio bonorum, what, 475.
Cession of territory, 186.

possession necessary to complete,

186.

Bank, national, not to be taxed by states,

laws, municipal, how affected by,

477.

state not bound to

186, note, 536.
indemnity for
loss by, 188.
S. 432, note.

in places ceded to U.
Chancery, reports in, 552.
Chivalry, its influence, 11.
Circuit Courts, organization and power of,
335, 336.
jurisdiction of, 336, 337, 338.
jurisdiction of, not lost by change
of domicil, 388.

Citizens, domiciled abroad, 84.

other, 99.

may not engage in foreign war,

111.

Bills of Credit, what, 456, (see State.)

Bill of Rights, history of, 612, 613.
English bill of rights, 617, 621.

petition of rights. 617.
Magna Charta, 617.
Connecticut colony, declaration of
1639, 612.
New York colony, declaration of
1691 and 1708, 612.

various American declarations of,

effect of war upon, 105.
rights of defence, 105, 106.
not to cruise against friendly pow
ers, 111.
may not sue a state in courts of
U. S. 326.

not to cruise without commission,

106.
not to cruise against their own
country, 200.

611, 621.

Blackstone, 574.

Civil law, the, 577.

Blockude, law of, 150.

war in other states, 24.

Colonial trade of the enemy, 90.
Colonies carry laws with them, 535.
American, their rights asserted,
612-618.

Columbia, District of, 279, 387, 431.
Commercia Belli, 116, 169.
Commerce, general right of, 34.

claims of Portugal and Russia, 36.
treaties of, 36.

with the enemy, 77.

to be regulated by congress, 484.
between several states, what, 490,

491.
power to regulate includes license
laws, 491.

internal, not to be controlled by

congress, 488, 490.

power of congress to regulate, car-
ries no grant of property, 495.
Commission to cruise requisite, 106.

unlawful against a friendly power,

แ except in
criminal cases, 367.

Commons, house of, 249.
Computation of time, 171.
Concealment of papers by a neutral, 167.
Concurrent power of the states, 434, (see
States and State Courts.)
jurisdiction, 442, (see States and
State Courts.)
Confederation, early steps towards, 213.
articles of, 220.
imbecility of, 222–228.
Confiscation of enemies' property conse-
quent on war,
69.
debts, doctrine in England and
United States, 73, 75.

not allowed, of property wrong-
fully taken before war, 76.
of enemy's property on commence-
ment of war, 75.

contraband articles, 148, 149.
for breach of blockade, 157.
carrying dispatches, 158.

as foundation of title, (see Title.)

its constituent parts, 232-234.
privilege of the two houses of, 253.
power to punish for contempts,
253-255.

general powers of, 255.
rules of proceeding of, 256.
mode of passing laws by, 257.
authority to create a bank, 270-276.
authority of, relative to taxation,
(see Taxation.)

preëmption, right of, 280, 282.
annexation of territory by, (see
Annexation.)
to provide for proof of public rec-
ords, 283, (see Records.)
power over militia, (see Militia.)
power of, as to internal improve-
ments, 291-294.
power over domestic territories,
430.

power of, over conquered and ceded
territories, 431, 482.
right of, to impose laws, 536.
Constitution of the United States, (see Ap-
pendix,) 661-670.
how and when formed, 227-229.
Constitutional power, its test, 349.
Constitutionality of laws, 503, 510.
Construction of statutes, 519, 525, 530.
of Revised Statutes, 523.
Consular System of the United States, act
to regulate, 57, note.
Consuls, defined, 50.
duty of, 51, 52.

have no judicial powers, 51.
not protected as ministers, 55, 56.
nations not bound to receive, 54.
to assist in arresting deserters, 52.
enlarged powers in foreign ports,
51, notes.
Contempts, when punishable by congress,
253, 255.
may be punished by U. S. courts,
332, 333.
Continuous voyage, 94.
Contraband of war, 143–150.

what articles constitute, 143, 148.
provisions, when, 145, 146, 148.
provisions, how affected by destina-
tion, 147.

articles of native growth, 147.
raw materials, 147.
implements of war, 148.
penalty for carrying, 149.
not to affect vessel, 150, note.

·Contributions levied by an enemy, 102.
Counsel in Courts of U. S., 342, 343.
Counterfeit coin, bringing it into the U. S.
punishable by congress, 485, note.
Courts may declare laws unconstitutional,
503, 510.

federal, how far common-law juris-
diction in criminal cases, 367-
376, 390.
principles of common law applied
in, 372.
jurisdiction of criminal cases in
admiralty, 375.
jurisdiction of military and naval
crimes and offences, 375, 376.
how far common law and state
laws are rules of decision in, |
376, 379, note.
jurisdiction, when an alien is a
party, 381.
jurisdiction of, against person not
in the district, 382.
jurisdiction, between citizens of dif-
ferent states, 382.

when a party is a corporation, 384.
right of U. S. to sue in, 385.
right of trustee to sue in, 387.
right of assignee to sue in, 387.
foreign corporations may sue in,

385.
inhabitants of District of Columbia
may not sue in, 387.
inhabitants of territories may not
sue in, 387, 388.
jurisdiction, when state a party in
interest, 388-390.
state not to be sued by individuals
in, 388
agents of states may be sued in,
388, 389.
jurisdiction of, in admiralty, (see
Admiralty Courts, Admiralty Ju-
risdiction.)
jurisdiction over ceded territories,

431.
proceedings and executions in, reg-
ulated by congress, 441.

process and decisions, how affected
by state laws, 441, 442.
Circuit, of U. S., (see Circuit, Superior,
and State Courts.)
Court of Claims, of U. S., jurisdiction of,

328.

judgments not binding till con-
firmed, 328.
congress may overrule decisions of,
328.

note, 399, 402.
Crimes at sea, under statutes of United
States, 397-403.
Criminal cases, jurisdiction of, in federal
courts, (see Federal Courts.)
concurrent jurisdiction, (see Courts,
Federal District Courts,) 438.
Criminals, duty of surrender of, 40, 44.
Cruise, right of, 106.

when cruiser liable as pirate, 111.
with double commission, 111.

D.

how far it imposes laws of discov-
erer, 187.
District Courts, organization and jurisdic-
tion of, 339–342.
jurisdiction, as courts of common
law, 427.
in cases of seizure, forfeiture, and
torts, 427.
in cases of bankruptcy, 429.
as prize and instance courts in ad-
miralty, 391-397.
criminal jurisdiction of, in admi-
ralty, 397, 403, 415.
no appeal in criminal cases, 361.
damages in, for marine tort, 403,
407-410.
admiralty and maritime jurisdic-
tion of, 416-422.
cognizance of seizures and forfeit-
ures, 416, 418-420.
jurisdiction in salvage cases, 426.
jurisdiction as to pilotage, 426.
jurisdiction does not rest on stat-
ute, 408.
not limited to tide waters, 408.
District of Columbia, inhabitants of, may
not sue in federal courts, 387.
power of the courts of, to issue
mandamus, 431.
Doctor and Student, 566.
Documents, concealment or spoliation of,

167.

neutral, for ships, enumerated, 166.

Domain, public, 175, 280.
Domicil, when confers hostile character,

84, 89.

test of, 86, 87.
what a change of, 383.
does not affect jurisdiction of Cir-
cuit Courts, 387.

commercial, 84, 85.
Dominion over subjects and vessels at sea,

29.

Droits of the admiralty, 107.
Duties, not to be imposed by states, 441.
lien for, 271.

Eden's Reports, 557.

Eldon, Lord, 557.

E.

Electors of President, 299.

Elementary writers on common law, 561.
Bracton, Littleton, Coke. Hale,
&c., 562, 565, 567, 571.
Blackstone's Commentaries, 574.

Embargo, hostile, when laid, 70.

preliminary to war, 70.

Embassadors, rank of, 48.

rights of, 45, 47.

may be refused, 49.

how far their acts bind, 49.
Emigration, right of, 657.

Eminent domain, rights of congress in
making internal improvements,

292, note.

Federalist, its character, 261.
Federal courts not to interfere with state
courts, 462.
Fisheries, internal, may be regulated by
states, 495.

Fitzherbert's abridgment, 566.
Flag of the enemy, 95.
Fleta, 563.
Foreign commission to cruise, 111.
prince or state may sue in U. S.
courts, 326.
public vessels not subject to local
laws, 163, 164.
property, when protected in war,
66, 68, 76.
state, in what name to sue, 326.
Foreigners, their rights and duties, 40.
Forfeitures, jurisdiction of, in admiralty
courts, 418, 420.

Forms of process, 441.
Fortescue's treatise, 564.

Free ships, 135.

159.

651, note.

G.

property on board a neutral, 91.

English decisions, their weight, 81, (see Ad-

judications.)
Enlistment, against friendly powers, un-
lawful, 131, 132.

Evidence in libel, 635-642.
Executive department, nature and unity
of, 295, 296.
Expeditions in neutral territory against
friendly powers, 131, 132.
Ex post facto laws, what, 456, (see State.)
Extradition, when granted, 45, note.

to, 454.

F.

Fauces terræ, 406.
Fearne's treatise, 575.

H.

Habeas corpus, writ of, 643.

act of 31 Charles II., c. 2, 643