Imágenes de páginas
PDF
EPUB

Political offence, 79.
Pope Pius IV., against interpretation,
206, note.

Popular absolutism, 373.

66

Popular unrestrained power, opposite
to self-government, 388.
Power, its 'impotency," Napoleon's
saying, 253; too much growth of,
can only be prevented by institu-
tions, 357; necessary for government,
358; mere negation of, no security
for liberty, 366; its origin has no
connection with liberty, 371; neces-
sity of giving some fair account of its
basis, 379.

Practice, parliamentary, 189.
Practice, so-called, in German courts,
215.

Precedent, element of all development,

208. Necessary to liberty, 209. Lib-
erty stands in need of, 276.
Preferential voting, 177, note.
Preston, Wm. C., letter to, on inter-

national copyright, 92, note.
Price, Dr., his definition of liberty, 28;
Turgot's letter to him, 195.
Principate, or crown, 49.
Private property acknowledged by the
French constitution, 103.
Procedure, parliamentary, 188; absence
of it in the French revolution, 190.
American habit of, 191. French
work on it, by Vallette and St.-Mar-
tin, 191, note.
Proclamation of Napoleon, president
of the republic, preceding the con-
stitution which became the imperial
one, 571.
Property, transmission of, by inheritance,

101. Unimpeded exchange and ac-
cumulation, elements of liberty, 102.
Protected by the Constitution of the
United States, 103. Basis of repre-
sentation, 171 and sequ. What is really
meant by it, 173. Consisted chiefly in
land, in the middle ages, 174.
Propter vitam vivendi perdere causas,
253.

Proudhon, no one less democratic than
the people, 369.

Proverbs, voice of the people, but not
of God, 406.

Proxy voting, 177, note.
Psephisma and Nomos, 353, note.
Psychical reduplication, 192.
Public, derivation of the word, 130.
Public funds must be under control of
the legislature, 143.

Public opinion differs from general
opinion, or passion, 387.

Public trials, criminal, in Naples, 21.
Publicity, in justice and legislation,
saved by England, 21, 127 and sequ.
What it consists in, 128. Of courts
of justice, not guaranteed by positive
law in the United States or England,
130. First distinctly authorized for
the legislature in Massachusetts, 131.
Public speaking necessary, and the
ornament of liberty, 133. To read
speeches in legislatures an evil, 134.
Hostility of absolute governments to
publicity, ibid. Interesting historical
account of the introduction of pub-
licity in the Senate of the United
States, by James C. Welling, 135, note.

QUARTERING of soldiers, 113 and sequ.
Queen of England, called an institution,
309.

RAIKES, CHARLES, Notes on the North-
western Province, 128, note.
Rapp, General, his opinion of Napo-
leon, 155, note.

Raumer, von, Diplomatic Despatches
of the Last Century, 352, note.
Reduplication, psychical, 192; law of,
311.

Report of the French senate on the
petitions to change the republic into
an empire, 588.

Representation, basis of, 171.
Representative government, 164 and
sequ; differs from deputative govern-
ment, ibid. Derided, 18; hated by
Rousseau, ibid.

Representatives must be free, 180; fre-
quent election of them, ibid.; must
be protected, ibid. Free from arrest,
182. Possessing the initiative, 183.
Officers of the United States cannot be
members of congress, 183. Are they
national, or merely for their constit-
uents? 200.

Republic and respublica, 42.
Republic, in 1848, was telegraphed
from Paris to the departments and
accepted by return, 393.
République démocratique et sociale,
284.
Repudiation, 104. Sir A. Alison on
Repudiation, 104 and note. Repu-
diation has not been republican, but
rather monarchical, 105, note.
Responsible ministers, 159 and sequ.

Respublica and republic, 42.
Right, Petition of, in full, 478 and sequ.
Rights, Bill of, in full, 492 and sequ.
Rights of man, 531 and sequ.
Ripuarian laws, 454.

Rivers, international question of free
navigation of, 266, 267, and note;
freedom of their navigation peculiar to
the United States, 266. Difficulty in
Germany, ibid.; the Scheldt, 267.
Magna Charta regarding rivers, ibid.
Ordinance of 1787 declaring rivers
forever free, 268.
Robespierre's great speech," 275.
Roman lawyers, their definition of lib-
erty, 27. Their dictum of the em-
peror's pleasure, 27 and note.
Romans did not incline to abstraction,
307 and sequ.

Romilly, Sir Samuel, his opinion on
putting questions to the prisoner, 74;
on absence of parliamentary practice
in French revolution, 190; on ethics
of lawyers, 246.
Rousseau hates representative govern-
ment, 18; his views lead to central-
ized government, ibid.; against divi-
sion of power, 151, 371; his aversion
to representative government, 283,
note, 289; his Social Contract only
establishes unity of power, 371, his
Social Contract the text-book of lead-
ing revolutionists in France, 372.
Royal republic, England called thus,
354.

Ruatan warrant, 177.
Ruggles, Samuel B., speech on right and
duty of American Union to improve
the navigable waters, 1852, and me-
morial of the canal board and canal
commissioners, etc., 1858, 268, note.
Russell, Lord John, on definitions of lib-
erty, 36. His History of the English
Government and Constitution, ibid.
Russia, insecurity of her rulers, 364.

SANDERSON, English casuist, 400, note.
Sardanapalus, inscription on his tomb,
339.

Scheldt, navigation of the, 267.
Schmidt, I. J., Translation of History

of the East Mongols by Ssanang
Ssetsen Changsaidshi, 378.
Scott, General, his conduct when the
government of Mexico was offered to
him, 325; his own statement, 325,
326, note.

Secret political societies, 135.

Sejunction of the Netherlands, 337.
Self-accusation, principle of, in China,
76.

Self-development of law, 215 and sequ.
Self-government, 247 and sequ. His-
tory of the term, 247, 248, note; is
organic, 249.

Self-government, saved by England,
21; the word belongs exclusively to
the Anglican race, ibid.
Self-government, the fittest govern.
ment for man in his nobler phase,
252; frequently not brilliant, yet
more efficacious, ibid. ; prevents gov-
ernment from becoming its own end,
253; has an element of federalism,
289. See also De Tocqueville. Does
not consist in denying power to
government, 298. Institutional self-
government, 319. Popular absolutism
opposite to self-government, 388.
Self-incrimination, 73.

Semper ubique, 403, note, and sequ.
Senatus-consultum, a term smuggled in
by Napoleon I., 317, note; the whole
senatus-consultum restoring the em-
pire, 602.

Separatism, 170, note.
Septennial bill, introduced in France
by Villêle, 181; in England, ibid.
Sewell, Rev. William, Christian Poli-
tics, 309, note.

Sheriff, killing him by resistance, if his
warrant is not legal, constitutes man-
slaughter only, 110.

Silby Estate affair, 95, note.
Silence made punishable, 93.
Single-Speech Hamilton. See Hamil-
ton, W. Gerard.

Slaves, subjects, and freemen, 26.
Smith, T. Toulmin, Local Self-Govern-
ment, 321, note.
Socialism, 102, note.
Socrates, called by Lord Mansfield the
greatest of lawyers, 242.
Soldan's History of the Witch-Trials,
82, note.
Soldiers. See Army, Quartering of
Soldiers, 113 and sequ.
Sovereignty, what it consists in, 152;
confounded with absolute majority,
286; of the individual, ibid.
Sparta, favorable view of, by ancient
philosophers, 43.

Spartans and Helots, 27.
Speaker of the English Commons, 185;
under the French charter, 186; in
America, ibid.

Sprenger, Malleus Maleficarum, 403.
Ssanang Ssetsen Changsaidshi, History
of the East Mongols, translated by
Schmidt, 378.

Stability of institutional government,
333.

Standing armies. See Army.

State, an extensive territory with fixed
population and independent govern-
ment, a modern idea, 47.
Statistics of elections, 418 and sequ.
St Just, liberty of a negative character,
359.

St.-Martin, French work on parlia-

mentary procedure, etc., 191, note.
Story, Judge, on importance of par-
liamentary procedure, 193; on codi-
fication, 207.

Subjects, slaves, and freemen, 26.
Substitute voting, 177, note.
Substitutes for representatives, not used
in the Anglican system, 178.
Supplies by legislature, always shunned
by absolute rulers, 273. See Taxa-

tion.
Supremacy of the law, 106 and sequ;
requires that officers of government
remain personally answerable, 108;
only English and Americans have
this principle, ibid.; whether the
principle has been carried too far,

IIO.

Suspects, law of, 73, note.

Suspensive veto, 202, note.
Sweden, legislature of, 290, note.
Swiss, dependence of, 57.

TAXATION, right of self-taxation, 103;
Declaration of Independence con-
cerning taxes without consent, 144;
merely denying taxes is not liberty,
ibid.; appropriations should be short,
145; French imperial constitution
demands appropriations en bloc, ibid.;
history of English supplies, ibid.;
civil list, 146.

Teutonic spirit, its relation to Anglican
liberty, 53.

Teutonism and Latinism, 293.
Theo-democracy of the Mormons, 287.
Titmann, F. W., Descriptions of the
Grecian Polities, 31.
Tocqueville, de, Ancien Régime, 196,
note; opinion of, on centralization of
France and its insecurity, 254; on
the general character of the French,
from his Ancien Régime, 254, note.
Torture, existed very late, 457, note.

Townsend, History of the House of
Commons, 187.

Transportation, decreed by the dictator
in France, 73, note; expatriation,
etc., almost always resorted to by
absolutism, 275.

Treason. See High Treason, Trial for.
Trench, Lessons in Proverbs, 406.
Trial by jury, 232 and sequ; Declara-
tion of Independence regarding its
denial, 233; some Americans desire
its abolition, 233, note; its advan-
tages, 234; Lord-Chancellor Cran-
worth's opinion on it, 236. See
Unanimity.

Trial, Penal. See Penal Trial.
Tribune, Roman, his veto, 201.
Troplong, President of the French

senate, on democracy ascending the
throne in the Roman Cæsars, 377;
remarkable state paper by, 588 and
sequ.

Turgot, on Anglican polity, 195;

against two legislative houses, ibid.
Turks, do not assimilate with conquered
people, 333.

Turncoats, Dictionary of, 409, note.
Tyler, Samuel, author of First Report
of Commissioners, etc., 196, note;
writer on philosophy, ibid.

UNANIMITY of juries, Hallam's opin-
ion, 237. Locke against it, 238.
Duke's laws demanded it in capital
cases only, 238.
Unanimity principle in the Netherlands,
337, note.

Unarticulated masses, 387.
Unicameral system, 194, 288, 290.
Uniformity extending among civilized
nations, 295 and note.
Uninstitutional governments insecure,
363 and sequ.

Union, the loyalty of an American
centres in it, 354, note.

United States, important situation of,
regarding the progress of civiliza-
tion, 21; Constitution of the, 514
and sequ.

Unity of power, the Gallican type, 151.
French pamphlet, ascribed to Napo-
leon III., in favor of it, ibid. Is
absolutism, 152. Is brilliant, 153.
Montesquieu on it, ibid. In democ-
racy always leads to monarchy; de-
sired in France; De Tocqueville on
it, 196, note.

Universal suffrage, Rousseau regarding

Respublica and republic, 42.
Right, Petition of, in full, 478 and sequ.
Rights, Bill of, in full, 492 and sequ.
Rights of man, 531 and sequ.
Ripuarian laws, 454.

Rivers, international question of free
navigation of, 266, 267, and note;
freedom of their navigation peculiar to
the United States, 266. Difficulty in
Germany, ibid.; the Scheldt, 267.
Magna Charta regarding rivers, ibid.
Ordinance of 1787 declaring rivers
forever free, 268.

Robespierre's "great speech," 275.
Roman lawyers, their definition of lib-

erty, 27. Their dictum of the em-
peror's pleasure, 27 and note.
Romans did not incline to abstraction,
307 and sequ.

Romilly, Sir Samuel, his opinion on
putting questions to the prisoner, 74;
on absence of parliamentary practice
in French revolution, 190; on ethics
of lawyers, 246.
Rousseau hates representative govern-
ment, 18; his views lead to central-
ized government, ibid.; against divi-
sion of power, 151, 371; his aversion
to representative government, 283,
note, 289; his Social Contract only
establishes unity of power, 371, his
Social Contract the text-book of lead-
ing revolutionists in France, 372.
Royal republic, England called thus,
354.

Ruatan warrant, 177.
Ruggles, Samuel B., speech on right and
duty of American Union to improve
the navigable waters, 1852, and me-
morial of the canal board and canal
commissioners, etc., 1858, 268, note.
Russell, Lord John, on definitions of lib-
erty, 36. His History of the English
Government and Constitution, ibid.
Russia, insecurity of her rulers, 364.

SANDERSON, English casuist, 400, note.
Sardanapalus, inscription on his tomb,
339.

Scheldt, navigation of the, 267.
Schmidt, I. J., Translation of History

of the East Mongols by Ssanang
Ssetsen Changsaidshi, 378.
Scott, General, his conduct when the
government of Mexico was offered to
him, 325; his own statement, 325,
326, note.
Secret political societies, 135.

Sejunction of the Netherlands, 337.
Self-accusation, principle of, in China,
76.

Self-development of law, 215 and sequ.
Self-government, 247 and sequ. His-
tory of the term, 247, 248, note; is
organic, 249.

Self-government, saved by England,
21; the word belongs exclusively to
the Anglican race, ibid.
Self-government, the fittest govern.
ment for man in his nobler phase,
252; frequently not brilliant, yet
more efficacious, ibid.; prevents gov-
ernment from becoming its own end,
253; has an element of federalism,
289. See also De Tocqueville. Does
not consist in denying power to
government, 298. Institutional self-
government, 319. Popular absolutism
opposite to self-government, 388.
Self-incrimination, 73.

Semper ubique, 403, note, and sequ.
Senatus-consultum, a term smuggled in
by Napoleon I., 317, note; the whole
senatus-consultum restoring the em-
pire, 602.

Separatism, 170, note.
Septennial bill, introduced in France
by Villêle, 181; in England, ibid.
Sewell, Rev. William, Christian Poli-
tics, 309, note.

Sheriff, killing him by resistance, if his
warrant is not legal, constitutes man-
slaughter only, 110.

Silby Estate affair, 95, note.
Silence made punishable, 93.
Single-Speech Hamilton. See Hamil-
ton, W. Gerard.

Slaves, subjects, and freemen, 26.
Smith, T. Toulmin, Local Self-Govern-
ment, 321, note.
Socialism, 102, note.
Socrates, called by Lord Mansfield the
greatest of lawyers, 242.
Soldan's History of the Witch-Trials,
82, note.
Soldiers. See Army, Quartering of
Soldiers, 113 and sequ.
Sovereignty, what it consists in, 152;
confounded with absolute majority,
286; of the individual, ibid.
Sparta, favorable view of, by ancient
philosophers, 43.

Spartans and Helots, 27.
Speaker of the English Commons, 185;
under the French charter, 186; in
America, ibid.

[ocr errors]
« AnteriorContinuar »