war right only, 153. damages for wrongful exercise of, convoy armed, does not exempt from, 154. resistance to, penalty of, 154, 155. ships of war exempt from, 155. for seamen denied by the United States, 155 n. (b). Sedgwick, on damages, ii. 15 note. Seizures, jurisdiction of, in admiralty courts, 372, 374, 376.
what courts inquire into validity of, 410, (see State Courts.)
Self-defence, 48, ii. 15. Senate of the United States, how chosen, 224, 225.
stability and character of, 226, 228. power in making treaties, 284, 285. Senators, how chosen, 225, 226, 228. Sergeant-at-arms, cannot arrest by deputy, 236 note. Set-offs, against United States, 297 n. (e). Sheppard's Touchstone, 509. Ships, foreign armed, exempt from local jurisdiction, 155, 156 n. (a). process may be served in, 156 n. (a). merchant, how far exempt, 156 n. (a). neutral, do not protect enemy's property, 124, 125, 127.
Slave-trade, declared piracy
held not piracy under act of 1820,
legislation of United States in re- spect to, 193, 194. British legislation and treaties, 194 - Solicitor of the treasury, 308 note. Sovereign may sue in other states, 297 and
States may regulate its internal commerce, States, when not inquire into validity of seizures, 410. have not cognizance of offences in ceded territories, 430, 431. invested with federal powers, 400,
may not require license of import- ers, 439 and note. concurrent powers of, 387, 395, 404
grant of powers to congress not necessarily conclusive, 387-390. concurrent powers in regard to mi- litia, 389, 390.
taxation by, 391 - 394. debts, assumption of, 394 note. laws of, not affect federal process, 394, 395. when may be rule of decision in federal courts, 395. governor of, power to pardon of- fences against U. S. 399. one cannot enforce criminal law of another, 403. constitutional restrictions upon the power of, 407. may use military power to put down insurrection, 407 note. powers denied to, by federal consti- tution, 407. not emit bills of credit, 407, 408. not pass ex post facto laws, 408, 409. no control over federal laws or courts, 409.
not control or obstruct federal offi- cers, 410. not interfere with each other, 412. not to tax national institutions, 425.
not pass laws impairing the obliga- tions of contracts, 413, (see Obli- gations.) may not impair its own contracts or grants, 414, 415, 419 and notes. their control over mail carriers, 411. may regulate the remedies on con- tracts, 419 note. not to govern ceded places, 428. not pass naturalization laws, 423. foreign, acquired by purchase, 258, 259. courts, concurrent jurisdiction of, 395, 397, 398, (see State.) not controllable by injunctions from U. S. courts, 411, 412. how far congress may confer juris- diction upon, 399, 400, 401. jurisdiction of, in suits against a state, 400 note. jurisdiction of, fines or forfeitures to U. S. 401, 402, 403, 404. appeal from, to federal courts, 403. not enforce penal laws of congress, 403, 404.
jurisdiction of, over fugitives from service, 404 notes.
no control over federal, 409. not issue mandamus to federal offi- cers, 410.
powers under acts of congress, 306. Statutes, supreme, unless restricted by con- stitution, 447, 448. judiciary may declare unconstitu- tional, 449, 454. time of taking effect, 454, 456, 459. retroactive, not to be presumed un- less remedial, 455, 458, 456 n. (a). cannot impair obligation of con- tracts, 455 and notes.
declaratory, 456 n. (c). public or private, 459. judicial notice of, 460.
interpretation of rules for, 460–465,
to be construed in reference to the principles of the common law, 464. temporary, effect of, 465. repeal of, 465, 466.
effect of repeal, 465.
penalty, implies prohibition, 467. cumulative, 467 ǹ. (h). revival of, 465.
ex post facto, prohibited, 408, 409. old English, 473.
construction of, 460–465, 468. saving clauses and provisos, 462,
when may means shall, 467 n. (b). in pari materia, 463.
repeal of, by implication, 466, n. (k). Steamboats, monopoly, history of, 432, 433. Story, Joseph, on the constitution of the United States, 241 note. Suffrage, qualifications for the exercise of, 229 and note.
Suit, defined, 297 note. Sugden's Treatise, 513. Summary convictions, ii. 12 note Supreme Court, reports of, 442. its institution, 298.
its exclusive jurisdiction, 298, 314, 315. its appellate jurisdiction, 298, 299, note, 313, 316, 324-330. its jurisdiction to grant habeas cor- pus, 300, 301. its jurisdiction over inferior courts,
rights of, in the states, 425-428. authority of congress relative to, 254, 255. authority of congress paramount to states, 393, 394. authority of congress paramount in territories, 256, 257. Taxes, direct, 254, 255. Temporary statutes, effect of, 465. Territory of neutrals, inviolable, 117.
not a station for belligerents, 118, 120.
passage through, may be granted,
119. invasion of, justified by self-defence, 120 note.
Territories, legislative power over them, 384-386 and notes.
act of 1790 applies to, 260 note. ceded to United States, rights of in- habitants in, 384.
Treaties, how far binding on congress, 286. auxiliary, 12, 116.
Treaties of peace, by whom made, 165.
extent of treaty-making power, 165, 166
may cede territory, 166, 167. allies protected by, 167.
causes of war extinguished by, 168. legal effect of, 169.
time of taking effect, 169, 170. captures made after, null, 170, 171. construction of, 174, 175.
how far dissolved by new war, 175,
violation of any article, 175. permanent articles, 176, 177.
Treatise, elementary, 499, 500. Trial by jury, ii. 12, 13 and notes. Trial, new, in capital cases, when granted, ii. 12 note. Tribunals, foreign jurisdiction over Ameri- can ships in port, 156 note. Truces, partial or general, 159.
observation of, how far required, 160. duration of, 161.
Trustee, right of, to sue in federal courts, 348, 349. Truth, evidence of, in libels, ii. 19, 20. Twelve Tables, 520.
Union of the United States, 201. United States may not be sued, 297 note, 298 note.
offset against, 297 note. priority, claimed by, as creditor, 243,
courts, jurisdiction of, (see Judicial Territorial courts, 384-386. Department, Supreme Court, Courts.) power of, in District of Columbia, Unity of executive power, 272. 384 n. (c). Usage, in the construction of statutes, 465 Texas, 259, note. and n. (a). Time, computation of, in truces and notices, Uti possidetis, 173. 160, 161. Tocqueville, de, 450, note. Trade, with enemy's subjects interdicted by war, 66. license to, 85, 86, 163. Transitu, property in, cannot change its hostile character by assignment, 86. Treason, when committed against a state, 403 note. Treasury, decisions in revenue cases, 454
Vacancy in office of President, 278, 279. when supplied, 288.
Vattel, 18. Vaughan's Reports, 486. Vernon's Reports, 492. Vessels, (see Ships.)
affected by contraband, 143 note. Vice-president, as president of the senate, 228. how elected, 277, 279.
authority and duties of, 278. Viner's Abridgment, 509, 510. Visit, right of, 153 note, 196 note. Voting by ballot, 231 and n. (b). Voyage, what is continuous or interrupted,
Walworth, Chancellor, 496 note. War, legal definition of, 61 n. (h).
when justifiable by law of nature, 48. how far justifiable by treaties, 49. declaration of, by whom made, 51. declaration of, mode and form of, 52, 53. declaration of, not always formally made, 53, 54, 55. legal effect of, on subjects of belliger- ents, 55. commencement of, effect on persons and property of enemy's subjects,
War, contraband of, 135, 136.
ancient rules of, 90, 91. plunder during, on lands, 90, 92. effect of, as to citizens, 94.
citizens may not engage in foreign, 99, 100.
just causes of, 23, 24. War, (see Truces and Blockade.) Warrant, Speaker's, need not specify of- fence, 236 note.
Wood's Institutes, 512. Wolsey, Cardinal, 490, 491. Words in a statute to be taken in their plain and obvious sense, 462. Wright's Tenures, 512. Written Law, part of municipal law, 447,
56-59. commencement of, admits confisca- tion of property and debts, if spe- cially directed by legislature, 59- 66. Year Books, 480. effect of, on existing treaties, 176, 177. Yelverton's Reports, 485.
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