in the Bundesrath, i 156; specific rights
and exemptions under the Constitution,
i 158, 159, 160, 161; exemption as to
subjects of taxation, i 160, 253 ff., ii 175,
282; right to preside in Bundesrath in
absence of the Prussian representative,
i 159, ii 87; entitled to the chair in
committee of Federal Council on for-
eign affairs, i 158, ii 87; and to a seat in
committee on army and fortifications,
i 158, ii 88; has exclusive regulation
of foreign postal and telegraphic inter-
course, i 160, ii 169; exemption from fed-
eral regulation of internal railway, post-
al and telegraphic systems, i 160, ii 170,
283; has power to regulate its law of
domicile and settlement, i 160, ii 173;
exemption from payment of military
dues, ii 175; military exemption, i 161,
ii 178, 285; exemption from the power
of the Emperor to fix railway tariff in
times of distress, ii 283; the Bavarian
army, ii 285; exempted from the power
of the Emperor to establish fortifica-
tions, ii 286; and declare the state of
siege, ii 286.

Belgium, ethnology of its population, i 23.
Belknap (U. S.), precedent regarding ju-

risdiction of the Senate as a court of
impeachment set by the trial of, ii 334.
Berlin, Convention of, 1867 (G.), i 58.
Bicameral system, with substantial parity
of powers, in organization of the legisla-
ture, United States, ii 41; Great Britain,
ii 59; Germany, ii 77; France, ii 94;
general principles, ii 106; reasons are:
1. necessity for a double deliberation,
ii 107; 2. to preserve balance of power
between the executive and legislature,
ii 107; occasion for the adoption of the
system, ii 108; financial legislation the
exception to parity of powers, ii 109;
occasion therefor, ii 109; incongruity of
the exception to-day, ii 109.

Bill of Attainder (U. S.), i 186, 201 ff.
Bishops (E.), sit in House of Lords, ii 64;
resignation of episcopal office, ii 69;
sit in Judicial Committee of the Privy
Council, ii 340.
Bismarck, i 132.
Blackstone, believes that the succession

to the crown is governed by house-law,
ii 187; defines the royal prerogative,

ii 197.
Blount (U. S.), precedent set by his trial,
regarding the power of the Senate to
arrest and confine pending trial upon
impeachment, ii 336.

Bluntschli, i 74; his classification of the
forms of State, i 75, 77; confounds State
and government, i 76.
Bonaparte, Napoleon (F.), did not intro-
duce the plébiscite, i 128; and the Direc-
tory, i 129; applies Jacobinistic princi-
ples, i 129.

Bonapartism, its character, ii 3.

Bonds, Commonwealth (U. S.), how far
exempt from taxation, i 199.
Bordeaux Convention (F.), i 132.
Bourbons (F.), restoration of (1814), i 129.
Bourgeoisie (F.), union with King, i 126;
checked by King's recklessness, i 126,
127.

Bowdoin, discovers defect in Articles of
Confederation (U. S.), i 102; effort to
cure it fails, i 102.

Bradley, Mr. Justice, dissents from ma-
jority of Supreme Court in Slaughter
House Cases (U.S.), i 226.

Brandenburg, a party to the Pactum Con-
fraternitatis, 1457, ii 266. (See Prussia.)
Bremen, alliance with Prussia (1865),
i 116.

Brisson, definition of a crime (F.), ii 303.
British Isles, i6; ethnology of their popu
lation, i 13 ff.; as a political division,
i 22; nationalities inhabiting them, i 22.
(See England, Great Britain.)
Broglie, de (F.), first ministry of (1873-
1876), ii 24: second ministry of (1877),
ii 25.

Brunswick (G.), i 116; in the Bundes-
rath, i 156.

Brunswick, House of (E.), its tenure,
ii 185.

Bulgaria, ethnology of its population, i 28.
Bundesrath (Federal Council) (G.), func-
tion in amending Constitution, i 155,
156; in legislation, i 155, 156; extraor-
dinary majority in amending Constitu-
tion, i 156; organization, i 156; appeal
to, against Commonwealth that vio-
lates civil liberties, i 258 ff.; may coerce
a recusant Commonwealth, i 258 ff.;
mandate depends on Commonwealth,
ii 78, 111; appointment by Common-
wealth governments the source of the
mandate, i 79; principle of representa-
tion, i 80, 114; historical justification
of the principle of representation, i 80;
representation is instructed, i 81, 116;
votes by Commonwealths, i 81; qualifi
cation for membership left to the indi-
vidual Commonwealths, i 81; constitu-
tional disqualifications, i 82; members
enjoy privileges of freedom from insult,

i 83, 122; of extra-territoriality, i 83; of
appearing in the Reichstag (Diet), i 83;
Emperor calls, adjourns, and prorogues,
ii 84, 278; Bundesrath may prevent dis-
solution of the Diet, ii 85, 278; and
compel its own assembly, ii 85, 278;
quorum, ii 85, 125 ff.; is presided over
by the Chancellor, ii 86; passes on the
credentials of its members, ii 349; or-
ganization of committees, ii 87, 278; re-
siduary powers, ii 88; the initiation of
legislation, ii 89; passage of a law, ii
92; Prussian veto and preponderance
in certain cases, ii 91, 128; rule that
only the votes of Commonwealths af-
fected by proposed legislation shall be
counted, ii 91; possesses the residuary
ordinance power, ii 179; its consent
necessary to every declaration of offen-
sive war, ii 276; and to the conclusion
of every treaty touching a subject reg-
ulated by a constitutional or statutory
law, ii 276; Judicial power of the Bun-
desrath: 1. To settle political conflicts
between Commonwealths, ii 181, 347;
2. To settle conflicts within Common-
wealths by friendly intermediation, ii
181, 349; 3. May intercede with a Com-
monwealth which denies or delays jus-
tice, ii 350; implied power of supervising
the administration of justice, ii 351; 4.
Shall determine when a Commonwealth
fails in its duties to the Empire, ii 357;
comparative study, ii 359, 362, 364.
Cabinet (E.), definitions, ii 209 ff.; history,
ii 210 ff.; composition, ii 213; powers,
ii 213; tenure, ii 214; responsibility to
newly elected House of Commons, ii
214; is the immediate representative of
the State, ii 215.
Cabinet (U. S., defined, ii 263; is an

extra-legal voluntary association, ii 263.
Cæsar, description of pure Germanic
State, i 245.

Cæsarism in Russia, i 32; its nearness to
democracy, i 128; and the plébiscite,
i 133; its character, ii 3.

Cambridge University, representation in
House of Commons, ii 62, 66, 67.
Capet, Hugh, election of (F.), i 126.
Capitation Tax a direct tax (U. S.), i 199.
Capture in time of war distinguished from
forfeiture for treason (U. S.), ii 149 ff.
"Captures upon land and sea" (U. S.),
defined, ii 133.

Captures in war (G.) disposed of by Im-
perial legislature, ii 180.

Carolingian Empire the first political or-

ganization of the German Empire, i
109; outline thereof, i 109: the point of
departure in tracing the history of the
French Constitution, i 125.
Carpathians, i 9, 10.

"Case in law or equity" (U. S.) defined,
ii 325.
Case

་་

distinguished from contro-

versy" (U.S.), ii 325.
Cassation, Court of (F.), referred to, ii 363.
Celts, power of political organization, i 4;
ethnology, i 13, 14; in the United States
of America, i 19; political psychology,
i33; the clan the highest Celtic political
organization, i 33; effects on political
history, i 34.

Central district of Europe as a geographic

unity, i 9; ethnology of its population,
i 16; political divisions, i 25. (See
Germany.)

Centralization, in the non-national State,
i 3.

Centralized government, explained and
defined, ii 4; best suited for completely
national States, ii 5; other States forced
to adopt it, ii 5; present dissatisfaction
with this form, ii 38.

Chancellor (G.), the only imperial minis-
ter, i 261; president of the Federal
Council, ii 86; must countersign all civil
official acts of the Emperor, i 286;
thereby assumes responsibility therefor,
ii 284, 287; not responsible to the legis-
lature, ii 287; may be represented, ii
287.
Chancellor, Lord (E.), is customary
speaker of the House of Lords, ii 74;
presides over the House of Lords sit-
ting as a judicial body in certain cases,
ii 341, 343, 344.
Character.

acter.

See National Political Char-

Charles II. (E.), forms a Cabinet, ii 211.
Charles V. (G.), attempts to restore the
imperial sovereignty, i 112.
Charles VII. (F.), i 127.

Charles X. (F.), proclaims the sovereignty
of the King, i 129.

Chase, Chief-Justice (U. S.), dissents
from the majority in the Slaughter
House Cases, i 226; dissenting opinion
in the Milligan Case, i 250.
Chief-Justice (U. S.), shall preside over
the Senate when the President is tried,
ii 333.

Chinese, in the United States of America,
i 29.

Chitty, on the Prerogative (E.), ii 206.

Christianity, and the political civilization

of Europe, i 61.

Chiltern Hundreds, Stewardship of, in-
compatible with membership of House
of Commons, ii 67.
Church, as an organizer, i 61.
Church Discipline Act (E.), referred to, ii
340.

Church, established (E.), duties of crown
toward, ii 190, 196; powers of crown
over, ii 207.

Citizenship of the German Empire, i 255 ff.,
ii 173.

Citizenship of the United States, term de-
fined, i 218; history of the term, i 219;
is conferred by the Constitution and laws
of the United States, i 219; Common-
wealths can neither confer nor withhold
it, i 219; confusion of thought on this
subject, i 220; doctrine of Slaughter
House Cases, i 221; of Elk v. Wilkins,
i 222.
Citizenship, territorial, and the State, i 51.
City of N. Y. v. Miln, doctrine of, i 213.
Civil liberty. See Liberty, individual.
Civil Rights Act (U. S.) (1866), i 203,
205, 209, 222; (1870), i 209; (1875),
i 204, 209.

Civil Rights Cases (U. S.), i 204.
Civilization, of the world, the ultimate end

of the State, i 85, 86; national civiliza-
tion the secondary end, i 86.
Civil Law, assists the absolute monarchy,
i 215.

Clan, the highest political organization of
the Celt, i 33.

Classic State, i 73; and individual liberty,

i 174.

Cockburn, Lord Chief-Justice, on the
power of the crown to establish martial
law (E.), ii 204.

Code Pénal (F.), Art. 471, § 15, sanctions
the ordinance power of the President,

ii 300.

Coke, on the minority of the wearer of the
crown (E.), ii 190.
Colony, defined, i 77.

Commerce (U. S.), term defined, ii 134;
Interstate, i 232; defined, ii 137; power
of Congress in respect to, ii 137 ff.;
Foreign, i 233; Congressional regula-
tion of, ii 134 ff.; Commerce with the
Indian tribes, i 232, ii 138; Acts of 1871
and 1885, ii 138.

Commons, House of, in the fifteenth
century, i 93; occupies a double posi-
tion, i 95; is lower branch of the legis-
lature, i 95; and sovereign organization

of the State, i 95; is the perpetual consti-
tutional convention, i 97, 138, 139; may
overcome King and Lords when acting
in that capacity, i 97; the welfare of the
State depends on the majority of the
House, i 141; Organization, qualifica-
tions of electors generally, ii 59; in Eng-
lish counties, ii 60; in Scotch counties,
ii 60; in Irish counties, ii 60: qualifica-
tions of non-owners of an estate or inter-
est in realty, ii 61; disqualifications of
electors, ii 62; criticism of the suffrage,
ii 62; House of Commons determined
questions of disputed election, 1604-
1868, ii 65; these are now determined
by Q. B. D., ii 65; original principle of
representation, ii 65; since 1832, ii 65:
principle of the Act of 1885, 66: ex-
ceptions and modifications. ii 66; mem-
bers are uninstructed, ii 67; resignation
of membership, ii 67; qualifications of
membership, ii 69; immunity from ar-
rest, ii 70, 121; freedom of speech, ii 71;
summons, prorogation, dissolution, of
the house, ii 72 ff.; self-adjournment,
ii 72; quorum fixed by rules of the
house, ii 73, 125; the house elects its
speaker, ii 74; but not other officers,
ii 74; makes its own rules of procedure
and discipline, 74; may commit an
outsider for contempt for the duration
of the session, ii 74, 75; mode of legis-
lation, ii 76, 128.

Commonwealth, of the American Union,
term defined, i 201, 210; immunities of
individual as against, i 201 ff.; viola-
tion of due process of law, by its offi-
cers, i 210; its police power, not inter-
fered with by Fourteenth Amendment,
i 214 ff.; fixes the domain of the police
power, i 216; can neither confer nor with-
hold citizenship of the United States, i
219; down to 1861, it was the protector
and definer of civil liberty, i 224; inhi-
bition of Fourteenth Amendment is di-
rected against all its agents and officers,
i 230; the Commonwealth may not in-
terfere with inter-Commonwealth com-
merce, i 232; except where Congress
has not acted, ii 138; nor with inter-
course with Indian tribes, i 232; nor
with foreign commerce, i 233; except
under limitations and restrictions, ii
134 ff.; nor with the property and agen-
cies of the general government, i 233, ii
153; eminent domain of the Common-
wealth, i 233, 239 ff., ii 153; the Common-
wealth may not depreciate the property

of its creditors, i 234, ii 142; nor impair
the obligation of contracts, i 251 ff.;
how far this limits power to alter judi-
cial procedure, i 236; police power not
limited thereby, i 237; may not rescind
an exemption from taxation, i 238 ff.;
cannot divest itself of power of eminent
domain, i 239 ff.; Eleventh Amend-
ment limited by judicial interpretation,
i 214 ff., ii 331 ff.; matters exclusively
of federal control excepted from Com-
monwealth action, i 244; the Common-
wealth may make nothing except gold
and silver coin a legal tender, i 142;
may legislate in respect to patents and
copyrights in the absence of legislation
by Congress, ii 144; may legislate con-
cerning naturalization, ii 145; may pass
insolvency laws, in the absence of a
national bankruptcy act, ii 146; Com-
monwealth legislation punishing coun-
terfeiting and treason, ii 147; treason
against a Commonwealth, ii 150; federal
government may not tax its necessary
governmental agencies, ii 151; Com-
monwealth may not keep army or navy
in time of peace, ii 154; may not pro-
hibit people from bearing or keeping
arms, ii 155; must cede jurisdiction over
places within its confines, acquired for
federal purposes, ii 160; erection of new
Commonwealth out of territory of old
Commonwealth, ii 162; in admission
of Commonwealth, Congress only de-
termines the moment when the grant
of power takes effect, ii 163; the grant
is from the Constitution, ii 163; and
not subject to Congressional limitation,
ii 163; withdrawal of Commonwealth
powers, ii 164; power of commander-in-
chief to suspend them on theatres of war,
ii 164; resistance to central government
terminates Commonwealth existence, ii
164; duty of Congress to maintain
republican government in Common-
wealth, i 165; individual Common-
wealths not indestructible, as distin-
guished from the federal system, ii 166;
shall appoint electors of President and
Vice-President, i 216; "State" here
means legislature, ii 216, 218; limita-
tions upon its power of directing the
manner of choice, ii 217 ff.; question
which arises where Commonwealth or-
ganic law directs the manner, ii 219;
Commonwealth is forbidden to make
treaties with foreign States, ii 248; may
make an agreement therewith, with the

consent of Congress, ii 248; may send
and receive diplomatic agents with con-
sent of Congress, ii 252; appoints offi-
cers of the militia, ii 262; its officers
are excepted from the jurisdiction of the
Senate as a Court of Impeachment,
ii 333.

Commonwealth, of the German Empire
(see various German Commonwealths),
may initiate legislation, ii 89; possess
diplomatic powers concerning postal
and telegraphic communications, ii 168;
regulation of foreign commerce, ii 169;
may levy tolls for use of harbor privi-
leges and maritime establishment, ii 169;
possesses concurrent power to regulate
commerce within and between Com-
monwealths, ii 169 ff.; to build roads
and regulate weights and measures, ii
171; concurrent power to regulate mon-
etary system, ii 172; concurrent power
to legislate in respect to crime, ii 173 ff.;
concurrent power in respect to citizen-
ship, ii 174; concurrent regulation of
medical and veterinary practice, ii 174;
is subject to requisitions, ii 175; military
dues, ii 175; constitutional conflicts
within Commonwealths settled by in-
termediation of Bundesrath and deter-
mined by Imperial legislation, ii 181,
349, 350; between Commonwealths by
the Bundesrath, 181, 347 ff.; Com-
monwealth administers Imperial laws,
ii 281; its powers in the appointment of
officers of the army, ii 285; may be inter-
ceded with by the Bundesrath where it
denies or delays justice, ii 350 ff.
Common Law (U. S.), the doctrine that

there is no United States common law
within the Commonwealths, i 240, ii
328.

Common Pleas, Court of (E.), formerly
decided disputed elections to the House
of Commons, ii 65.

Community organization, i 31; relation
to the political history of Greek and
Slav, i 31.

Commutation of penalty," defined, ii 262.
Compensation of members of legislature,
in United States, ii 53, 119; Great Brit-
ain, ii 119; Germany, ii 119; France, ii
101, 119; expediency of the principle,
ii 120; of President (U. S.), ii
244; of
President (F.), ii 292.
Compound State, so-called, i 77.
Comprehensiveness of the State, i 52.
Compromise of 1850 (U. S.), ii 232.

Concept of the State, Part I, Bk. II,

49 ff.; the

Chap. I, i 49-58; defined,
subject of public law, i 51.
Confederacy analyzed, i 79; its constitu-
tion, i 79; unanimity of the members
essential, i 144 ff.

Confederate government, defined, ii 6;
is transient, ii 6.

Congress, see United States, passim; as
an organ for amending the Constitution,
i 144; may select an alternative method
of amending the Constitution, i 146;
has evolved no system of procedure in
amending, i 146; does not regard the
assent of the President as necessary in
amending,

147; Congressional prac-
tice, and constitutional law in amend-
ing, i 148, 149; a method of amendment
suggested, i 152, 153; Congress deter-
mines the expediency of exercising war
powers, i 191; may ordain universal
military service, i 246. Organization of
Congress. 1. General principles, ii 41. 2.
Suffrage from which the legislature pro-
ceeds, ii 41 ff.; inhabitants of territories
have no constitutional representation,
ii 42; modification introduced by Fif-
teenth Amendment, ii 42; Congress may
regulate the election of its members, ii
43; statutory regulation of the time of
election, ii 43; of the manner, ii 44, 45;
each house is the judge of the election
of its members, ii 46. 3. Principle of
representation, 46 ff.; A. in the House
of Representatives, ii 46-49; (a) the
original provision, ii 46; (b) modifica-
tion introduced by the Thirteenth
Amendment, ii 46; (c) modification
introduced by the Fourteenth Amend-
ment, i 46; no authoritative inter-
pretation of which exists, ii 47; (d)
apportionment: Act of 1882, ii 48; its
constitutionality considered, ii 48, 49:
B. In the Senate, ii 49, 114; represen-
tation is secured against amendment in
the ordinary manner, ii 49; C. In both
houses, is uninstructed, ii 50; resigna-
tion of a member, ii 51. 4. Qualifica-
tions of members, ii 51; each house
the judge of the qualifications of its
members, i 51; constitutional qualifi-
cations cannot be diminished or in-
creased, i 52; disqualifications, ii 52,
117. 5. Rights and privileges of mem-
bership, ii 53 ff.; (a) right to compen-
sation, ii 53, 119; (b) privilege from
arrest, ii 53, 121; term of this privilege,
ii 53; (c) freedom of speech, ii 54.
6. Assembly and adjournment of the

legislature, ii 54 ff., 123, 252; regular
and extraordinary assembly, ii 54, 252;
implied power of self-adjournment, ii
54, 55, 252; not subject to executive
approval, ii 58; formalities attending
opening and close of the session, ii 55;
dissolution by limitation only, ii 55.
7. Principle of the quorum, ii 55, 124.
8. Internal organization of the houses, ii
56, 57; general power of internal organ-
ization of each house, ii 56; subject to
four limitations in the case of the Sen-
ate, ii 56; and three limitations in the
case of the House of Representatives, ii
56; no general power to punish out-
siders for contempt, ii 56; enumeration
of the judicial powers of Congress or
either house thereof, ii 57; limitation
of punishment, ii 57. 9. Mode of legis-
lation, ii 57 ff., 252 ff., 255 ff.; details
are determined by each house, ii 58.
Powers of Congress. 1. In respect to
foreign relations, ii 133 ff.; to declare
war, ii 133; grant letters of marque and
reprisal, ii 133; make rules concerning
captures on land and water, ii 133; de-
fine and punish piracies, felonies, etc.,
and offences against the law of nations,
ii 133; these powers are exclusive, ii 134.
2. Foreign commerce, ii 134 ff.; power
is exclusive, ii 134; except of treaty-
making organ, ii 136; Congress may au-
thorize Commonwealths to lay imposts
on imports, exports and tonnage, ii 134;
limitations upon power of Congress, ii
135; Congressional restrictions upon
Commonwealth action, ii 135. 3. Inter-
nal commerce, ii 137 ff.; (a) among
the Commonwealths, ii 137; power is
exclusive, ii 137; Commonwealths may
act until Congress acts, ii 138; (b) with
the Indian tribes, ii 138; is exclusive, ii
138; (c) the post-office, ii 139; a gov-
ernmental monopoly, ii 139; limitations,
ii 139 ff.; the telegraph system, ii 140;
(d) power to fix the standard of weights
and measures, not exclusive, i 141.
4. Monetary system, ii 142 ff.; power is
exclusive, ii 142. 5. Patents and copy-
rights, ii 143; power not exclusive, ii 144.
6. Naturalization, 144 ff.; power not
exclusive of (a) the Commonwealths,
ii 145; (b) the treaty-making organ,
ii 145; criticism of the system, ii 146.
7. Bankruptcy, ii 146 ff.; Commonwealth
insolvency laws in the absence thereof,
ii 146. 8. Crime, ii 147 ff.; subjects of
punishment, ii 147; limitations, i 185-