ABERDEEN, Lord, on the importance of | Americans, of the Anglican race, 21;
the people moving before govern- ment, 126.
Absent persons, penally tried, 71.
Absolute democracy, no connection with liberty, 214.
their task regarding civil liberty, ibid.; more inclined to abstract rights than the English, 261.
Amyot's translation of Plutarch, great influence in France, 372, note.
Ancient liberty, 43 and sequ. Ancient philosophers, why they praise Sparta, 365.
Anglican liberty, 40; its elements, 51 and sequ; how to find out in what it consists, 52.
Absolute monarchs often allow bold Anaxarchus, 208. discussions on liberty, 156. Absolutism, enlightened, not the best government, 26; always spurns fun- damental laws, 274; item, division of power, 275; resorts to transporta- tion, favors extraordinary courts, 275; generally abhors publicity, 276; precedent, 277; copies foreign mea- sures, 296; popular, 373; all abso- lutism has an element of communism, 381.
Acclamation, decrees of, 190. Accumulation of single fortunes does not
prove general wealth, 391. Accusation, trial by, 218 and sequ. Accusatorial trial, 218 and sequ. Adams, John, opinion that common law
is a necessary element of the liberty of the United States, 211. Administrative judgments in France, 107, 217.
Advocate, ethics of, 240; independence of, 239 and sequ; is part of the ad- ministration of justice, 243. Age, present, its political character, 17.
Alexander the Great, 209, 210. American liberty founded on English, 21; cannot be understood without English liberty, 22, 256 and sequ; characterized by representative re- publicanism and federalism, 258; what it consists in, 259 and sequ.
Anglican polity, Turgot's opinion on it, 195.
Anti-corn-law league, 125. Antiquity, its main differences from modern times, 360.
Appropriations should be short, 145. Aristotle, greater than Alexander, 252. Arms, the right of bearing, 120. Army, must be under the control of the legislature, 114 and sequ. In Eng- land, and by the Constitution of the United States, ibid. President of the United States is chief com- mander, but cannot enlist soldiers without congress, 115. Declaration of Independence concerning British army, ibid. Standing armies, 116 and sequ. In France, its extent and power, 118; French army votes, like the citizens, 119. Armies ought not to possess the right of petition- ing, 119; always favored by despots, 273.
Arnold, Dr. Thomas, definition of In- stitution, 303.
Articles in addition to the Constitution of the United States, 526.
Articles of Confederation and Perpetual | Burke on legitimate parties, 148; on Union, in full, 503 and sequ. Association, right of, and importance of, 124.
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,
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,
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,
Cicero, definition of liberty, 28. Cis-Caucasian race, 22, note. Cities, in the Netherlands were sover.
eign, 170, note, 337; not sufficient | Conscience, liberty of, 97 and sequ.
as patria for moderns, 170. City, confounded by the ancients with the state, 45 and sequ.
City-states and national states, 360 and sequ.
Civilization, law of spreading, 294. Civil Law, influence of, on common law,
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,
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,
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.
Electors of President of the United States, 175. Eleutheria, 29. Emigration, 93 and sequ.
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,
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,
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?
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,
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.
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.
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