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diplomacy a system of law, 163.

ministers sent from government to government, 164.
belligerents may be represented, 165.

sending and reception a matter of discretion, 166.
inviolability and extra-territoriality of embassies, 167.
privilege extends to journey, 168.

classification, 169.

consuls not so privileged, 170.

may have jurisdiction in foreign lands, 171.

exequatur required, 172.

"DIRECT TAX," meaning of term, 407.

DIRECTORY STATUTES, incidents of, 600.


DISCOVERY, how far planting a law, 64.

DISFRANCHISEMENTS, when unconstitutional as ex post facto, 472.
DISTRIBUTION OF PERSONALTY, determined by lex rei sitae, 306.
in district and ceded places congress has exclusive jurisdiction, 461.

congress holds territories in trust, 462.

title to land of territories is in the United States, 463.

government to be under general safeguards of constitution, 464.

form of government at discretion of congress, 465.

DIVISIBLE, when statute is construed to be in reference to constitutionality,


DIVISION OF STATE, effect of, on public debt, 142.
foreign divorces viewed with disfavor, 278.

domicil of petitioner essential to give jurisdiction, 279.

mere residence not sufficient, 280.

judicial separation gives wife independent domicil, but not mere voluntary
separation, 281.

place of marriage and of offence immaterial, 282.

extra-territorial service may be adequate, and so of service by publication,


record must aver necessary facts, and may be disputed, 284.

DIX, GENERAL, view of, as to Monroe doctrine, 175.

DOCKYARDS, jurisdiction of congress over, 461.

DOCTRINAIRE VIEWS, not consistent with American traditions, 362, 596.

is a residence acquired as a final abode, 180, 254.

determines personal status, 255.

legitimate children take father's domicil and nationality; illegitimate, that

of mother, 256.

wife takes domicil of husband, 257.

student's domicil is his home, 258.

domicil of corporation is its principal place of business, 259.


domicil is basis of taxation, but not of political rights, 260.
DOMICIL, COMMERCIAL, meaning of, 219.


meaning of term, 566.

provision as to, applies to Federal government, 566.

and to state governments, 588.

"due process of law," means law which is constitutional and consistent

with common law rights, 566.

private statutes quieting title not unconstitutional, 567.

defects of formal incapacity may be cured, 568.

private property cannot be taken without compensation, 569.

rule applies to real estate, 570.

property must be vested, 571.

sovereign has right of eminent domain, 572.

United States government may exercise the right for Federal purposes,


must be for public use, 574.

franchise may be thus taken, 575.

exercise of right must be by general law, except in cases of necessity, 576-
power may be delegated, 577.

compensation must be fairly adjusted, 578.

defendant entitled to an impartial jury of place of crime, to be informed
of the nature of the charge; to have compulsory process for witnesses
and have counsel, 579.

excessive bail and "cruel and unusual punishment" forbidden, 580.

jury trial secured in United States courts, 581.

DUKE OF YORK'S LAWS, operation of, 23, n.

DUTCH, influence of, in forming colonial laws, 23, 25, n, 64.

DUTCH LAW, how far in force in New York, 64.

DUTIES, PROTECTIVE, how far constitutional, 411-13, 416.

EAST RIVER, bridge over, sustained, 420.

EGYPT, consular courts in, 147, 170.


in American policy, not to take immediate effect, 362.

power of congress over, 468.


gress to supervise, 396.

ELECTORAL COMMISSION, constitutionality of law concerning, 388.
ELEVATORS, power of state over, 490.


may be sustained by international law, 207.
constitutionality of, 148, 414.

EMBASSADORS, belligerent; how far contraband, 228-9.

EMBASSIES, characteristics of, 163. See AMBASSADORS.

EMIGRATION, now internationally favored, 177.

EMINENT DOMAIN, exercise of right of, 569–572.

ENABLING STATUTES, incidents of, 599.

ENACTMENT OF STATUTES, constitutional rules as to, 602.

ENEMY'S GOODS, how far liable to seizure at sea, 218.

ENGLISH COMMON LAW, origin of, 66

ENGLISH CONSTITUTION, emanation from national conditions, 18.

ENGLISH CONSTITUTIONS, cause of permanency of, in America, 364.
ENGLISH HISTORY, influence of, on American institutions, 361.

history of, 65 et seq.

accepted or rejected by popular action of colonies, 23 et seq.
ENGLISH LAW REFORMS, evolution of, 107.

ENLARGING STATUTES, incidents of, 599.

ENLISTMENTS, foreign, not permissible, 247, 249.

ENUMERATED POWERS; how to be exercised, 470.

ENVIRONMENTS, value of, in construing constitution and laws, 359, 360,

ENVOYS, diplomatic character of, 169.

belligerent; how far contraband, 228-9.

EQUAL PROTECTION OF LAWS granted to all persons, 588. See

EQUALITY OF STATES essential to international law, 136.

EQUIPOISES OF CONSTITUTION not disturbed by recent amendments,


EQUITY, prevalence of, 35.

ETHICAL SCHOOL of jurisprudence, 6.

EUROPE, consolidation of power in, 134.

applicatory law as to, 345.

retrospective modification of, is not unconstitutional, 494.
"EVOLUTION," the unconscious factor of law, 18.

British constitution emanating from national conditions, 18.
so as to constitution of the United States, 19.

unconscious change of institutions illustrated by slavery, 20.
paper law giving way to instinctive and customary law, 21.
law made to bend to national conditions, 22.

illustrated in Pennsylvania, 23.

illustrated in Massachusetts, Rhode Island, and Louisiana, 24.
in other states, 25.

evolution not antagonistic to free-will or theism, 33.

process does not preclude occasional receding and revision, 34.
so as to prevalence of equity.

EVOLUTION, applies to object of powers, but not relation of sovereignties,
383, 596.

not inconsistent with fixity of demarcation of sovereignty, 596.

EVOLUTION, JUDICIAL, a necessity of litigation, 30.
limitation relates to criminal prosecutions, 472.

law changing procedure not necessarily ex post facto, 473.
nor are laws modifying rules of evidence, 474.

under state constitutions retrospective laws are unconstitutional, 475.
EXAMPLE, an object of law, 4.

EXCESSIVE BAIL, cannot be demanded, 580.

EXECUTION, when, may be retrospectively modified, 493.


president commands army, navy, and militia, 502.

has no power, as commander-in-chief, to dispense with law as a system,


cabinet composed of heads of departments, 504.

president, with advice and consent of senate, may make treaties, 305.
treaties are in some respects self-enforcing, but not in respect to matters
requiring legislative action, 506.

president has power to reprieve and pardon, 507.
exceptions as to impeachment and contempt, 508.

pardons may be conditional, 509.

pardon before sentence remits costs and penalties, 510.
president has power of appointment and removal, 511.
has qualified legislative functions, 512.

cannot be controlled by judicial writ, 513.
EXECUTORS, applicatory law as to, 338-46.

EXEMPTION LAWS, may be constitutional, 492, 493.
EXEQUATUR, requisite for consular action, 172.

EXPATRIATION, now internationally conceded, 177.

EXPORTS, limitation as to taxation of, 408.

EXPOSITION, of constitution, dependent on history and extrinsic condi-
tions, 359, 360, 612.


extradition generally limited by treaty, 352.

refused when there cannot be a fair trial, and when the object is political,

state having jurisdiction ought not to surrender, 354.

terms should be construed as in asylum state; probable cause enough;
evidence for defence admissible, 355.

circuit court may review case, and executive may refuse surrender, 356.
trial should be restricted to offence specified in demand, 357.
EXTRADITION, INTERSTATE, may be granted on requisition, 541

et seq.

EXTRA-TERRITORIAL SERVICE of writs, validity of, 344, 539.
EXTRA-TERRITORIALITY, how far belonging to public ministers, 167.


FARES OF RAILROADS, how far under state control, 488.
FATHER'S power, by what law determined, 42.
FEDERAL BANK, power of congress to establish, 417.
FEDERAL COURTS, jurisdiction of, 516 et seq.
cannot control executive, 388-9.

may determine statute to be unconstitutional, 393.
may maintain cases, direct removal of cases, 521.
follow state courts, as to procedure, 382.
powers of, as to habeas corpus, 534.

FEDERAL GOVERNMENT, supreme within its orbit, 376.

power of, over interstate railroads, 489–490.

recognition of confederate belligerency, 141, 165, 228.
FEDERAL JUDICIARY, powers of, 516 et seq.

FEDERAL LAW, original meaning of term, 3.


FELONIES, on the seas, congress has jurisdiction over, 452.
FERRIES, constitutionality of laws respecting, 427.

FIELD, D. D., code of international law, 122.

citations from, 141, 153, 167, 178, 191, 195 b, 228.

FINALITY, no laws can establish, 27.

FISHERIES, how far there may be exclusive right to, 185.
FISHING, local regulations of, rule as to, 423.

FLAG, gives its immunities to ship, 188.

how far protecting goods, 218.

"FLEEING FROM JUSTICE," meaning of, 541-2.

FLETA, works of, 77.

FOREIGN COMMERCE, under control of congress, 418, 421 et seq.

FOREIGN LAWS, how far extra-territorial, 266.

FOREIGN SHIPS, law relating to, 188 et seq.

FOREIGNERS, international rights of, 261.

may be excluded when disturbing domestic peace, 146.

subject to law of place of residence, 178,

FORFEITURE, when worked by treason, 467.

FORGERY, how far Federal courts have exclusive jurisdiction of, 524.
FORMALITIES, applicatory law as to, 342.

FORTESCUE, treatise of, 83.

FRAMERS OF CONSTITUTION, views of, as to its meaning not conclu-
sive, 359, 360, 363, 596 n., 612.

FRANCE, distinctive rule as to allegiance, 177.

FRANCHISE, ELECTORAL, determinable in the main by the states, 396.

legislation rescinding grants of private franchises, or of estates, may be
invalid, 481.

stipulation not to tax may bind, 482.

growing doubts as to perpetuity of grants of franchises, 483.

distinction between temporary and perpetual engagements, 484.

grants to municipal corporations may be revoked, 485.

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