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license may be withdrawn, 486.

charter no protection to a nuisance, 487.

charters and grants restrictive of freedom of business may be rescinded,


state control over oppressive charters may be justified on the ground that
this is a regulation of commerce, 489.

danger of resting function on the right of state to control business, 490.
when right of amendment is reserved, charter can be amended, 491.
construction of grants of, 619.

protected by fourteenth amendment, 588, 594.

FRANKLIN, Dr., his views as to colonial customary legislation, 23.

his responsiveness to popular condition, 365.

freedom of speech not to be abridged, 555.

slavery and involuntary servitude prohibited, 583.
equal protection of laws granted to all persons, 588.

basis of representation to be reduced in proportion to abridgment of right
of suffrage, 589.

legislation in support of this and other amendments must be "appro-
priate," 591.

negro suffrage granted, 592.

binding effect of reconstruction amendments, 593.

these amendments limit state interference with private rights, 594.

they are more conducive to business prosperity than clause protecting con-
tracts as construed in Dartmouth College Cases, 595.

they do not disarrange, but make manifest equipoise of constitution, 596.
FREEMAN, EDWARD, views of, as to coming and going of slavery, 20.
views of, as to relations of Federal and local governments, 363, n. See

FREE-TRADE, interstate, required by condition of country, 418-19.
FRENCH CODE, elasticity of, 62.

FRENCH LAW, how far entering into English common law, 66.
FRENCH REVOLUTION, effect of, on law of nations, 130.
FUGITIVES FROM JUSTICE, extraditions of, 352 et seq., 541.

GARIBALDI, international position of army of, 221.

GENEVA, award of, international effect of, 243-4.

GILBERT OF THORNTON, works of, 78.

GLADSTONE, views of, as to constitution of the United States, 19.

his views as to intervention, 174.

GLANVILLE, works of, 75.

GOODS IN TRANSIT, governed by lex domicilii, 306.

GOVERNMENT, requisites of, at time of framing Federal constitution :

the formation of a stable government necessary, 361.


and so of interposition of such checks as would prevent hasty and ill-
considered changes of public policy, 362.

and so of distribution of power in local governments, 363.

this policy required by race tendency to institutionalism, 364.

government to possess only such functions as cannot be conveniently
exercised by people, 365.


legislative, judicial, and executive functions to be kept separate, 388.
judiciary cannot supervise matters purely political, 389.

dangerous consequences of judicial assumption of such functions, 390.
courts cannot compel executive to testify or exact disclosure of political
secrets, 391.

courts cannot annul laws because unjust, 392.

inconsiderate legislation prevented by reciprocal checks, 393.

supreme court not thereby made absolute, 394.

GOVERNMENT, FEDERAL, supreme, subject to restrictions of constitu-
tion, 376. See SOVEREIGNTY.

importance of preserving constitutional demarcations, 377.

coercion of state and maintenance of Federal authority not convertible,

limitations in constitution apply to general government unless expressly
applied to states, 379.

necessity does not abrogate constitutional limitations, but progressive con-
ditions unfold them, 380.

powers of state and Federal governments may be coördinate, 381.

state laws followed as to state procedure, 382.

treaties and statutes come in pari passu, 383.

GOVERNMENT, LOCAL, distribution of power in, 363.

this policy required by race tendency to institutionalism, 364.
government to possess only such functions as cannot be conveniently
exercised by people, 365.


GRAND JURY, when essential, 561.

GRANTS OF FRANCHISES to be construed strictly, 619.

GREECE, views of, as to international law, 124.

GROTIUS, view of, as to origin of law, 46.

view of international law, 119.

influence of, on international law, 127.

does not extend to suffrage or distribution of powers, 549.

nor to social equality, 550.

nor to exemption from revolution, 551.

but may sustain reconstruction after government has been suspended, 552.
GUARANTY TREATIES, effect of, 156.

GUARDIANSHIP, by what law determined, 295.

domicil of ward determines as to his personalty; foreign guardian must
act under local law, 295.

so of foreign guardian of lunatic and spendthrift, 296.
GUERILLAS, when internationally sanctioned, 221.
GUNS, how far contraband, 226.

may be furnished by neutrals, 246.

HABEAS CORPUS, by Federal judge, limited to cases involving Federal
laws, 534.

state court cannot discharge on Federal commitment, but Federal court
may on state commitment, 535.

power to suspend belongs to congress, 536.

HALF-SOVEREIGN STATES, characteristics of, 137.

HALL, view of international law, 123.

HARBOR LAW, how far under control of state, 423.

HEADS OF DEPARTMENTS, functions of, 504.
HEFFTER, view of international law, 119.

HINGHAM, works of, 80.

HISTORICAL SCHOOL of jurisprudence, 6.

HISTORY, influence of, in determining constitution, 360.


in primitive times no such law recognized, 124.

tendencies in the middle ages, 125.

reformation cosmopolitan, 126.

Grotius the founder of the modern system, 127.
development under Louis XI., 128.

natural law prior to the French Revolution, 129.
French Revolution hostile to rights of the states, 130.
congress of Vienna appeals to legitimacy, 131.
consequences of fall of Orleans dynasty, 132.

modifications by treaty of Paris of 1856, 133.

tendencies to absorption of minor states, 134.

HOBBES, distinctive views of, 6, 47.

HOLLAND, his definition of jurisprudence, 2, n.

views of, as to legal rights, 8.

distinctive views of, as to origin of law, 105.

"HOLY ALLIANCE," its views as to intervention, 174.

action of, as to law of nations, 131.

HOOKER, maintains doctrine of evolution of law, 33.

view of, as to origin of law, 47,

criticism of, 86.


HURD, J. C., theory of national existence, 374, 593.

ILLEGAL CONTRACTS, applicatory law as to, 333.

IMMOVABLES, governed by lex rei sitae, 299.

IMPEACHMENT, nature and effect of, under constitution, 399.

IMPERATIVE STATUTES, nature of, 600.

IMPOLICY, does not avoid statute, 608.

IMPORTS, limitations as to taxations of, 408.

not taxable by state, 410.

IMPORTATIONS, states have no power over, 418 et seq.

IMPRESSMENT, now surrendered, 194.

IMPRISONMENT, how affected by thirteenth amendment, 584.

INCAPACITIES, foreign, how far extra-territorial, 266.

INCIDENTAL POWERS. Congress may make laws to carry into effect

enumerated powers, 568.

INCOME OF UNITED STATES, growth of, since 1790, 380, n.

INCOME TAX, constitutional limits of, 413

INDEMNITY, may be required for injuries, 139.

when internationally awarded, 205.

INDEPENDENCE of foreign insurgents, recognition of, 140.

INDIANS, NORTH AMERICAN, distinctive law to which they are sub-
ject, 26, 265, 434, 585.

INDIAN TRIBES, when distinct nationalities, how far governed by United
States laws, 26, 265, 434.

INFAMOUS CRIMES, nature of, under constitution, 561.

INJUSTICE, no ground by itself for courts to reject statute, 392.

does not avoid statute, 608.

INLAND LAKES, under power of congress, 429.

INLAND SEAS, relations of, 192.

INSOLVENCY, power of congress as to, 439-40.

INSTITUTIONALISM, tendency to, effect of on English colonies in
America, 364.

INSURANCE, applicatory law as to, 327.

INSURGENTS, international relations of, 217.

property of, may be confiscated, 455.

how far property of, can be confiscated, 217, 455, 467.

INSURRECTION, effect of, when successful on debt of parent state, 142.
INSURRECTION DEBTS, assumption of, prohibited by constitution, 590.
INTENTION, how far to guide construction, 616.

of framers of constitution, not conclusive as to meaning, 359, 360, 363,


INTERFERENCE, INTERNATIONAL, when permissible, 174.
INTERMARRIAGE BETWEEN RACES, may be prohibited, 587.
INTERNAL IMPROVEMENTS, question of, political, not judicial, 447.

General Rules.

private international law part of the common law, 252.
penal laws not extra-territorial, 253.



domicil is a residence acquired as a final abode, 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.
Personal Status.

aliens entitled to rights of citizens, 261.

naturalization now internationally conceded, 262.

persons of African descent entitled to equal rights, 263.

otherwise as to Chinese, 264.

Indian tribes not so entitled, but form distinct nationalities, 265.

foreign disabilities not extra-territorial, 266.

liberty of action subordinate to national policy and good morals, 267.
foreign attainder and infamy not extra-territorially effective, 268.

not a contract, but an institution, 271.

parental custody and power determined by local law, 292.


domicil of ward determines as to his personalty; foreign guardian must

act under local law, 295.

so of foreign guardian of lunatic and spendthrift, 296.

Law of Things.

lex rei sitae determines whether a thing is property, 298.


immovables governed by the lex rei sitae, 298.

chancellor may compel to convey foreign land, 300.

forms of conveyance determined by lex rei sitae, 301.


better opinion now is that movables are governed by lex rei sitae, 304.
rule applies to liens, 305.

exception in respect to succession, marriage, and goods in transitu, 306.
title must be made in conformity with lex rei sitae, 307.

ships at sea governed by law of flag, 308.

debts subject to law of creditor's domicil, 309.

prescription, limitation, and escheat are governed by lex rei sitae, 310.
bankrupt assignments have no extra-territorial effect, 311.
Contracts-General Rules.

contracts may be subject to as many jurisdictions as there are parties, 314.
question as to seat of contract may be contested by several jurisprudences,


lex loci contractus determines interpretation, 316.

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