arbitrary power, 369.

Athenian prosecutor punished if he
wholly failed in his prosecution, 77.
Attainder and corruption of blood, in
England, 102.

Authentic interpretation, 208.
Autonomy and Self-Government, 38
and note.

BACON, quotations from, 23, 24.
Bail, 67 and sequ. Advantages and
disadvantages, 68.

Ballot, universally established in the

United States, 262. Has not the
effect which the English expect, 263.
Batis, 210.

Bavarian code, against interpretation
by courts, 206.
Beccaria against pardoning, 434.
Béchard, Lois Municipales des Répub-
liques de la Suisse et des États-Unis,

321, note.

Bentham, Jeremy, Tactics of Legislative
Assemblies, 192.

Béranger, opinion on French justice, 75.
Bernard, Frenchman, accessory before
the fact, of Orsini, 57.
Bicameral system, 193.

Bill of Rights, in full, 492 and sequ.
Billeting, debate in commons on, in
1856, 116, note.

Blanc, Louis, one of the representatives
of the French school, 367, note; and
present imperialists, equally for uni-
versal suffrage, 157, note.
Bodinus, his definition of liberty, 32.
Copy of Bodinus used by Jefferson,
32, note.

Bonner's translation of De Tocque-
ville's Ancien Régime, 254.
Bossuet, for centralized power, 371.
Bourgeoisie derided, 382.

Brilliant men, or events, not the most
influential, 252.
Brougham, Lord, on discussing peti-
tions, 122, note; on the organization
of upper house, 198; ethics of the
advocate, 241, note; on courts of
arbitration, 281, note; on German
empire, 356, note.

Bunser., Baron, on toleration, 54, note,
on book of common prayer, 302.
Bureaucracy, founded on writing, not
speaking, 129; new word, 165; its
character, ibid.

By-laws, 322; etymology, 323, note.

CAESAR, Julius, 376.

Cæsarean sovereignty, 375, note.
Cæsarism. See Imperatorial Sover-
eignty.
Campbell, Lord, opinion on petitions
of British merchants, 58, note; on
unanimity of jury, 238, note.
Capital, amount of, carried off by emi-
grants, 94, note; 95, note.
Capital cities, influence of, 389. Mag-
nificent capital cities pave a state of
decline, 392.

Carey, Mathew, on pardoning in the
United States, 439.
Carlisle, Earl, 121, note.
Cassation, court of, 279.

Cavaignac, General, his arrest, 109.
Censorship of the press in England,

92.

Centralism leads to enfeebling man-

worship, 394; to base flattery, 394,
note; to brilliant acts, 395.
Centralization, loved by the French,

151; Turgot in favor of it, 195;
passion of the French for it, 283.
Centralized governments have no in-
stitutions to break powerful shocks,
349.

Ceracchi, conspirator, executed by sena-
tus-consultum, 317, note.
Chambord, Count, his letter not allowed
to be published, 386, note.
Champ-de-Mars, the many different
government exhibitions on the same,
343.
Chancellor, Lord, of England, being

moderator of house of lords, 186;
member of the cabinet, 186, note.
Chardin, on pardoning in Persia, 433.
Charter, French, of Louis XVIII., in
full, 545 and sequ; of the year 1830,
ibid.

Charter, the great, of England, 458 and
sequ, and 470 and sequ.
Chartists, petition in 1848, 121, note.
Chatham, Lord, on trial by jury, 233;
on passage in Magna Charta, con-
cerning administration of justice,
276; on arbitrary power, 369.
Chevenix, on national character, 182,

note.

Cicero, definition of liberty, 28.
Cis-Caucasian race, 22, note.
Cities, in the Netherlands were sover.

212.

Civil Liberty. See Liberty.
Civil List. See Taxation.

Code Napoléon and equality, essence
of civilization, 19.

Codification does not prevent interpreta-
tion, 205. Lord Cranworth on, 207,

note.

Coetlogon, French case of opening
letters, 92.

Coke, on the justice of the peace, 322,
and note.

Collard, Royer, on absolutism of the
majority, 283.

Colonization Society, 125.

Color, effect of distinction of races on
American sympathy and politics, 260.
Commissions, contradistinguished from
regular courts, 106.

Common law, necessary for the inde-
pendence of the law, 204 and sequ.
Constitutes the greater portion of
British constitution, 210. Compared
with civil law, 211; article Common
Law in Encyclopædia Americana,
written by Judge Story, 213, note;
American writers who take French
views of liberty and of law against
it, 214.

Communion, right of, 87 and sequ.
Liberty of, always abolished by abso-
lutists, 272.

Communism, the basis of the Utopias,
44, note.

Compensation bill, intended by Ro-
milly for accused persons not found
guilty, 77.
Compurgators, 454.
Conclamation, election by, of medieval
character, 401.
Confederation, Articles of, and Per-

petual Union, in full, 503 and sequ.
Confirmatio Chartarum, 470 and sequ.
Confirmation of liberties, 470 and sequ.
Confiscation, incompatible with civil
liberty, 101.

Conflicts between courts and adminis-
trations, were to be decided by a
separate tribunal, according to French
constitution of 1848, 566.

American constitutions regarding it,
ibid. Necessity, at present, 99. Why
its full acknowledgment in England
so late, 100.

Conscription in France, 119, note.
Constitutionality, declared by supreme
court, 162 and sequ.
Constitutions, produced in our age, 17,
18; written and unwritten, enacted
and cumulative, 162, note; of Eng-
land, consists chiefly of common
law, 210; what it consists of, ibid.;
of the United States, called atheistic,
259, note; of the United States,
works on it, and on their govern-
ment, 265, note; of the United
States, in full, 514 and sequ; French,
of 1793, in full, 531 and sequ; of
the French republic of 1848, 555
and sequ; of France, of 1851, 576
and sequ.

Coode, codifying English poor-law,
207, note.

Cooper, Dr. Thomas, opinion of Ham-

ilton's Parliamentary Logic, 192,

note.

Corruption of blood, not admitted in the

United States, So; in England, 102.
Council of State, in France, 200.
Council of Trent, adopted the half-hour
rule, 133, note.

Counsel of the prisoner, 240.
Country, necessary for moderns, instead
of ancient cities, 169, and note.
Cours prévôtales, abolished by charter of
Louis XVIII. See Natural Courts.
Courvoisier, and Philips his counsel,
245, note.
Cranworth, Lord, on codification, 207,

note; on trial by jury, 236, note.
Crimen exceptum, high treason, 82.
Cromwell, congratulations on dissolv-
ing parliament, 418.

Crowds, acclaiming, deceive, 396.
Crown, or principate, on the Continent,

DAHOMEY, King of, his letter to Queen |
Victoria, 25, note.

Daly, Judge, Historical Sketch of the
Judicial Tribunals of New York,
239, note.

Debating, not known in Roman senate,
189, note; cannot take place in mass-
meetings, ibid.

Deciduous institutions, 319.
Deciaration of Independence of the
United States, in full, 498 and sequ.
Decree of March 22, 1852, to regulate
"the relations of the legislative corps
with the president of the republic
and the council of state," 582.
Defensors, of prisoners, 240.
Definitions of Liberty, 26 and sequ.
Difficulty to defend it, ibid.
Delegated powers,-those which are
not positively delegated are reserved
for the people by the Constitution of
the United States, 161.
Demagogues, 338.

Democracy, Aristotle's opinion on ex-
treme, 156; absolute, or in the agora,
hostile to liberty, 167.
Democratic absolutism, 156.
Democratic might, divine right and,
366.

Deputative government of the middle
ages, 164.

Despots, brilliant, their danger, 26.
De Tocqueville and De Beaumont, on
the abuse of pardoning in the United
States, 438.

Divine right and democratic might,
366.

Division of government into three
branches, 150.

Division of power, contrary to abso-
lutism, 275.

Dixon, C. G., Sketch of Maiwara, etc.,
169, note.

Doge of Venice, his election, 178.
Dragonnades, under Louis XIV. See
Army, Soldiers, etc.

Dred Scott case, 262, note.
Duke's laws, 238.

Dumont, concerning absence of par-
liamentary practice in French Revo-
lution, 190.

EBRINGTON, Lord, 283, note.
Education alone, no basis for liberty,
299.

Egress and regress secured by Magna
Charta. See Locomotion, Right of,
and the Charter itself, in Appendix.

Election alone not liberty, 32, of the
chief ruler, does not establish a re-
public, or liberty, 150, note; direct
and indirect, 174; in electors to elect
President of United States, 175 and
sequ; circuitous elections in the mid-
dle ages, 178; management of elec-
tions must not be in the hands of the
executive, 179; of chief does not
establish liberty, 286; not allowing
to choose, 386; paper on it, Appen-
dix, 413 and sequ.
Elections, ex post facto. See Ex post
facto Elections. Conditions to make
them valid, 414. Question must have
been freely discussed, ibid. Absence
of the army, 414 and sequ; must be
carried on by election institutions,
415; returns must be protected
against falsification, ibid.; the per-
son on whom the voting takes place
must not have the supreme power, or
it must be possible to make him obey
the issue, ibid.; there must be two
things to vote upon, ibid.; the power
claiming the election must not have
committed a political crime, ibid.;
must be on things subject to public
opinion, 416. Election of patron
saint, 416, note. Congratulations
crowding on Cromwell after having
dissolved parliament, 418; they did
not express English public opinion,
ibid. Election statistics, ibid. Quali-
fied voters abstain in proportion to
the general privilege of voting, 419;
twenty-five per centum a small num-
ber of abstainers, ibid. If qualified
voters more than two or three thou-
sand, one-half voting shows com-
mon interest, 420; voting on men
draws more votes than voting on
measures, ibid. French have never
voted no on proposed constitutions,
consuls or emperors, ibid. Election
of Napoleon I., 421. How many
Athenians usually voted, ibid.
tracism, 421, 422. Instances of
number of abstainers, 423 and sequ
Official statement of election after
French coup d'état, 427; cannot be
correct, ibid.

Os-

Electors of President of the United
States, 175.
Eleutheria, 29.
Emigration, 93 and sequ.

Amount of

capital carried off by emigrants, 94.
Enacted or written constitutions, 265.

England, her service in the cause of
freedom, 19 and sequ. Early sepa-
ration of justice from administra-
tion, 20, note. Her liberty the
foundation of ours, 20, 21. Many
fortunate circumstances in her his-
tory, 48 and note; becomes the model
of liberty for the Continent, 49.
English a peculiarly jural nation, 451.
Enlightened absolutism not the best
government, 26.

Enthusiasm no basis of liberty, 299.
Epistolary communism, 88 and sequ.
Equality, and Code Napoléon, the es-
sence of political civilization, 19.
Confounded with liberty, 29. More
equality in Asia than in the United
States, 30; the French seek for lib-
erty in it, 281, 282 and sequ; diffi-
cult to see what the French mean by
it, 285.

Erskine, Lord, opinion of, on trial by
jury, 233, note.

Ethics of the Advocate, 240 and sequ.
Everett, Edward, opinion of, on impor-
tance of parliamentary law and pro-
cedure, 189, note; on the French in
Canada, and inability of the French
to establish governments in foreign
parts, 330.

Every man's house is his castle, 60 and

sequ. How it developed itself, 61.
Possessing still full vitality, ibid.
Executive must have a warrant for
what it does, 161.
Ex post facto elections.
See Impera-
torial Sovereignty, and 413.
Ex post facto laws, 106.

FABRIK-GERICHTE. See Manufactory
Courts, 231, note.
Fashion, though unanimous, not vox
populi vox Dei, 402.

Federalism characterizes American lib-
erty, 258. French hatred of it, 288,

note.

Ferrers, George, member of parliament,
released from arrest in 1543, 182.
Fête of the Eagles, 274.
Feudal system, 47.
Feuerbach, Manual of the Common

German Penal Law, 239, note.
Fijians take more powder to kill a
large man, 455.

Forchhammer on the Cyclopean walls,
353, note.

Foster, Discourse of Homicide, 110,

note.

Fox, Charles, Bill on Libel, 235, note.
Framers of American Constitution, their
character, 261.

Francis, Chronicles and Characters of
the Stock Exchange, 146.
Franklin, Dr., in favor of one house
of legislature, 195

Frederic II., concerning petitions, 123;
why should many submit to one?

370.

Free press, first in Netherlands, 87.
Constitution of the United States dis-
tinctly establishes freedom of the
press, 88. Prohibited by English
republican government, 92.
Freedom, etymology and distinction
from liberty, 37 and 38, note.
Freedom of action desired by all men,
25; even by despots, ibid.
Freemen, subjects, and slaves, 26, 27.
French Constitution of 1793, 531; of
1851, 576.

French Charters of Louis XVIII. and
of the year 1830, 545 and sequ.
French idea of liberty and the height
of civilization, 157, note.
French interference, 251.
French, mistake source of power for
foundation of freedom, 197 and sequ.
French Republic of 1848, Constitution
of, 555.

French republicanism strives chiefly for
equality, 19.

French senate, report of, on petitions
to change the republic into an em-
pire, 588.

Fronto, Letter to Marcus Aurelius, 374,

note.

GALLICAN liberty, 279 and sequ.
Court of cassation, ibid. French
senate, 281. Sought in equality,
ibid. French seek for self-govern-
ment in absolute rule of the majority,
ibid. Unicameral system, 288.
Gaza, 210.

Gendarmerie, 110.

General opinion, mere, worth little as
political truth, 417.

General warrants, 62 and sequ. Lord
Mansfield's opinion, ibid. Green-
leaf, 63.

Girardin, Emil, confounded election
and liberty, 32; French writer in
favor of an undivided public power,
150; calls universal suffrage the re-
public, 355.

Girouettes, Dictionnaire des, 409, note.