Habeas corpus, New York statute relating | Informations, ii. 12.
to, ii. 28. Injunction, not to be granted by federal
when habeas corpus does not lie, ii.
to remove a foreigner from state ju-
risdiction, 301.
when granted by United States
courts, 299 note, 301, 323 note.
jurisdiction of state courts in re-
spect to, 400, 401.
in cases of fugitives from service,
404 note.
Hale, Sir Matthew, Pleas of the Crown,
Hamilton, Alexander, on confiscating debts,
Hardwicke, Lord Ch., 494.
Hawkins, on criminal law, 511, 512.
Heads of departments, their amenability,
289, 384 note.
High and low water mark, as to jurisdiction,
365.
High seas, what, 367.
History of the law of nations, 4-20.
American Union, 201 - 218.
of treatises, 499-514.
civil law, 515-548.
Hobart's reports, 483, 484.
Hobbe's theory, 47.
Homine replegiando, 404 note, ii. 32.
Hostage, 106.
Hostile embargo, 60.
character, by holding lands in ene-
my's country, 74.
character, by residence, 76.
by colonial trade, 81.
English rule, 81.
when person or property is, 74-87.
character, when acquired by traffic,
74, 80, 81, 82.
character, when acquired by sailing
under enemy's flag, 85.
House of Representatives, 228.
members elected by districts, 230.
how and by whom impeached, 295.
of U. S. may grant ne exeats and
injunctions, 300.
Judgments, of tribunals of other states, 260.
faith due to, when duly authenti-
cated, 260.
remedy on, subject to legislation,
419 notes (1), (2).
nul tiel record, when good plea to,
260, 261.
of justice of peace, not within con-
stitutional provisions, 261 n. (2).
defendant must have due notice of
suit, 261 notes (b) and (1), 262.
what is such notice, 261 n. (1).
of appearance by attorney, 211 n.
(6) and (2).
jurisdiction of court rendering may
be inquired into, 261 n. (b).
record prima facie evidence of juris-
diction, 261 n. (2).
in rem, 261, 262 and notes.
when lien in federal courts, 246-
of his peers, ii. 13 note.
Judicial department, power, where vested,
and its extent, 290, 295, 298, 306,
310, 326. (See Supreme Court.)
Judicial department, extent of jurisdiction, | Law of nations, as to confiscation of debts,
powers of, conferred upon state
courts, 306.
power, by whom disposed of, 314.
Judicial decisions, evidence of common law,
473, 476, 477, 478.
reports of, 478, 479, 480.
on public law, 69, 70.
Judiciary, may declare laws unconstitu-
tional, 449.
of ambassadors and consuls, when
exclusive, 45.
Jura summi imperii, 211, 212.
Jurisdiction, court rendering foreign judg-
ment must have, 260, 262.
of courts, (see Courts, Supreme Court,
Judicial Department.)
national, over seas, 26, 31.
Jurisprudence, national, progress of, 439,
Law, municipal, definition of, 447.
composed of written and unwritten
law, 447.
Law of nations, definition of, 1.
its foundation, 1, 2, 3.
history of, 1-20.
history of, among the Greeks, 4.
history of, among the Romans, 5, 6.
history of, in the middle ages, 8.
influenced by Christianity, feudal
system, chivalry, civil law, trea-
ties, and precedents among na-
tions, 10, 12.
modern improvements in, 18, 19.
offences against, 181.
the evidence of it, 18-20, 69, 70.
its application to new states, 25.
as to dominion over seas, 26-31.
as to regulation of trade, 32.
as to changes in governments, 25.
as to surrender of fugitives, 36.
as to ambassadors, 38, 182.
as to consuls, 41-45.
as to declaration of war, 51 - 55.
as to confiscation of enemy's prop-
erty, 56-60.
56
making property hostile, 74-80.
as to sailing under foreign flag, 85.
as to rules of war, 89, 91.
as to privateering, 96, 97.
as to disposal of prizes, 100, 101.
as to ransom, 104.
as to postliminy, 108.
as to rights and duties of neutrals,
115-133.
as to contraband of war, 135, 136.
as to blockade, 143.
as to right of search, 153
as to truces, 159-161.
as to passports, 162, 182.
as to treaties, 165.
Law of nature, 2, 3.
Laws, must be constitutional, 448-454.
retrospective, condemned, 455, 456
Legislative power, 447.
Letters of credence, 40.
of marque and reprisal, 61.
Lex rei site, as applied in ceded territory,
Libel, definition of, ii. 16, 17.
right of jury to determine law and
fact, ii. 19 note.
truth of, how far a justification in
indictments, ii. 21, 24-26.
truth of, may be pleaded in private
actions, ii. 24, 25 note.
malicious intent essential, ii. 20, 25,
26.
Liberty, personal, ii. 26.
secured by writ of habeas corpus, ii.
of the press, ii. 19.
religious, ii. 34.
emigration, ii. 34.
Lieber, on political ethics, 3 note.
on political hermeneutics, 469 note.
License to trade, by enemy, 85, 86, 163.
construction and duration of, 163,
164.
Magna Charta, ii. 7, 12, 13.
"law of the land," meaning of as
used in, ii. 13.
as to treatment of foreigners at com-
mencement of war, 57 et seq.
Mala prohibita and mala in se, 467, 468.
Mandamus, a suit within meaning of con-
stitution, 297 n. (d).
when issued by the United States
judges, 300, 322.
not to be issued by a state court to
federal officers, 410.
by the circuit court in the District
of Columbia, 322.
not from federal to state courts, 321.
not to review judgments, 322 n. (b).
not against a state, 321.
Mare clausum and mare liberum, 27.
Marine torts, 364, 367 notes, 369 notes, 381.
Marque, letters of, what, 61.
Marshals of United States, 309.
by whom removed, 309, 310.
security required of, 311.
Master of vessels must deposit sea-letters
and passports, 42.
May, construed shall, when, 467 n. (b).
Mercantile contracts, with enemy unlawful,
Nations, dominion over adjoining seas,
jurisdiction of, over seas, (see Juris
diction.)
right to navigable rivers, 35.
their rights of commerce, 32.
when intervention by, justifiable,
(see Intervention.)
rights of belligerents in relation to
each other, 89.
(See Law of Nations.)
Natural and positive law of nations, obliga-
tions of, 2.
Naturalization, laws not to be passed by
the states, 423.
Navigable rivers, right of nations to use, 35.
waters, canals held to be, 367 note.
Navigation of rivers, right of, not to be
granted by states, 432, 433, 437.
of rivers, not to be obstructed by
states, 439.
freedom and reciprocity in respect
to, encouraged by U. S., 34 notes.
Ne exeat, writ of, ii. 33.
now a civil remedy, ii. 34.
granted by U. S. courts, 300.
Neutral nations, what are, 115.
rights and duties of, 115, 116.
impartiality required from, 115, 116,
123, 124.
troops may be furnished to allies,
may become carriers of enemies'
property, 117.
enlistments in, against friendly pow
ers, 122, 123.
right of trade during war, 80, 98
right of trade under rule of 1756,
82, 83.
rights of colonial trade, 81.
right of captors in ports of, 108,
Monopoly, prohibited in states, ii. 9 n. (à).
Penitentiary system, ii. 14, 15 notes.
Personal security, rights of, ii. 3, 12.
New England Colonies, confederacy of, 202. Perkins's Treatise, 504.
Notice of blockade, 147.
time in, when exclusive or inclusive,
self-defence, when justifiable, ii. 15.
security, protected by jury trial, &c.,
ii. 12 and note.
protection against personal violence,
ii. 15 and note.
punishment of, 184, 363 note.
under law of nations, punishable
by all, 187.
legislation of United States in rela-
tion to, 184, 185, 191.
slave-trade, when, 194, 195.
capture by, no change of property,
108, 184.
by citizens, cruising against their
country, 100, 191.
Plowden's Reports, 481.
Poisoned arms, unlawful in war, 90.
Ports, neutral, prizes may be carried to and
condemned in, 121, 123, 124.
armaments of belligerents in, un-
lawful, 122, 124, 125.
capture of belligerents from, unlaw-
ful, 120.
rights of foreign vessels in, 156
powers of, as commander-in-chief,
" when they take effect, 169,
Peers, trial by, ii. 13 and note.
Penalty inflicted by statute implies prohibi-
tion, 467.
statutes inflicting, to be construed
strictly, 465 n. (1).
in making treaties, 284.
appoints the officers of government,
287.
duty to give information to con-
gress, 288.
Ransom, nature and effect of, 68, 104, 105.
effect of a recapture upon, 106, 107.
bill, a safe-conduct, 105.
how enforced in France, 106, 107.
Recapture, effect of, 106, 107.
Reciprocity Treaty, 36.
Records, Public, effect of, 260.
Reeves's history of the common law, 508.
Religious liberty, an absolute right, ii. 34.
provisions in American charters,
&c., as to, ii. 34-37.
Remedies, part of the contract, 419 and
notes, 456 and notes.
suspended or taken away, 419 note.
Removal from office, power of, 309, 310.
Replevin, as to United States courts, 410.
Reports of cases, enumeration of, 480.
Year Books, 480.
Dyer, 481.
Plowden, 481, 482.
Coke, 482.
Hobart, 483, 484.
Croke, 485.
Yelverton, 485.
brought into neutral ports, 121.
Probable cause of seizure, 157.
cause on malicious prosecution and
libel, ii. 22 note.
Proceedings in rem, 104, 359, 378.
Process, in federal courts, 342 note.
Progress of national jurisprudence, 439 et seq.
Prohibition, 301 note.
Property, when title to, gained by capture,
110, 111.
when deemed hostile, 71, 74.
hostile character not lost by assign-
ment in transitu, 86, 87.
enemy's, how affected by war, 56, 59.
enemy's, in neutral vessel, 124, 125.
Proviso in statutes, 462, 463.
Provisions, when contraband, 137, 138.
Public Law, judicial decisions on, 69, 70.
records, 260.
Supreme Courts of United States,
Representatives, House of, 228.
qualifications of electors of, 229 and
term of service, 229.
how apportioned, 230.
number of, 230.
ratio of election of, 230.
apportionment of, as affected by
slave population, 230, 231.
election of, how far affected by state
legislation, 230 and note.
House of, originates bills, 236.
Representative government, sketch of the pro-
gress of, 232-234.
Reprisals, what, 60, 61.
and letters of marque, what, 61.
not necessarily an act of war, 61.
Rescue of a neutral ship, 157.
Responsa Prudentum, 530.
Retaliation in war, 93.
Retrospective laws, 422 note, 456, 457.
Revised codes, construction of, 468 and
Punishment, capital, how far justifiable, ii. Revolt, where and how punished, 363 and
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