30.

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.

law reports, 479-497.

civil law, 515–548.

Hobart's reports, 483, 484.

Hobbe's theory, 47.

Homine replegiando, 404 note, ii. 32.
Hostage, 106.

Hostile embargo, 60.

511.

63.

courts to restrain state, 412.
when federal courts may grant, 304,

Jeopardy, putting a party in, ii. 12 note
Judges, how appointed, 291.

their support, 292.

term of office, 292–295.

term of office in the several states,

295.

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 -

295-299.

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,

445.

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.

Law

62-65.

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.

of nature, 2, 3.

Laws, must be constitutional, 448-454.
retrospective, condemned, 455, 456

Legislative power, 447.
Letters of credence, 40.

note.

of marque and reprisal, 61.
Lex rei sitæ, as applied in ceded territory,
Libel, definition of, ii. 16, 17.

431 note.

M.

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,
Military law, defined, 341 note.
Militia, authority of states in respect to, 390.

66.

authority of congress over, 262.
when called into service by the
President, 264, 265.
authority of state courts-martial
over, 266.

Ministers, resident, 39.
Money, power of congress to appropriate,
394 n. (b).

Monopoly, prohibited in states, ii. 9 n. (a).

in navigable waters, 432.

Moral obligations of states, 2, 3.
More, Sir Thomas, 491.

Morris, Robert, 216 n. (a).

Municipal law, 447.

Mutiny at sea, 363 note.

Nations, dominion over adjoining seas,

26-31.

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,

Obligations of contracts, not to be impaired
by state laws, 413-422.
what amounts to impairing, 414, 416.
Obligations of contracts, how affected by tak-
ing away remedy, 419 and notes.
contained in charters of institutions
of charity and learning, 415, 416.
not impaired, if remedy only af-

fected, 419 notes.
between two states protected by con-
stitution, 419.
as affected by insolvent acts of states,
419, 422.
protected by Constitution of Ú. S.,
413.
Offences against law of nations, 181.
Officers of government may not prosecute
claims against U. S., 297 note.
Ordinance as to religious freedom, ii. 34.
as to civil liberty and private con-
tracts, ii. 13.
Owners of cargo affected by contraband,
142, 143.

Penitentiary system, ii. 14, 15 notes.
Perkins's Treatise, 504.
Personal security, rights of, ii. 3, 12.
self-defence, when justifiable, ii. 15.
security, protected by jury trial, &c.,
ii. 12 and note.

protection against personal violence,
ii. 15 and note.

reputation, ii. 16.
liberty, ii. 26.

Persons of color excluded from enumera-
tion, 230 note.

Piracy, defined, 183.

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

Possessory suit in admiralty, 371.
Postliminy, right of, 108, 109.

note.

inapplicable to movables, 108.
property in neutral states not af
fected, 109.

persons affected by, 109.

operates on captures at sea, 110, 111.
on real property, 110.
English and American rule, 111,

112.

"

with governments de facto,

167.

"" when they take effect, 169,

282.

170.

Peere Williams, 493.

Peers, trial by, ii. 13 and note.

Penalty inflicted by statute implies prohibi-

to grant reprieves and
pardons, 283.
in making treaties, 284.
appoints the officers of government,

tion, 467.
statutes inflicting, to be construed
strictly, 465 n. (1).

287.

duty to give information to con-
gress, 288.

101, 102.

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.

Puffendorf, 17, 18.

R.

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.

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

note.