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195; power not exclusive, ii 147; re-
strictions upon punishment of treason,
ii 148; penalties therefor, ii 148; dis-
tinction between confiscation and cap-
ture in time of war, ii 159, treason
against a Commonwealth, ii 150. 9. Rev-
enue and expenditure, ii 150 ff.; limita-
tions upon the subjects of the taxing
power, ii 150; on the method of levy, ii
151; on the purpose of taxation, ii 152;
difficulty in practice, ii 152; appropria-
tions for the army, ii 152, 154; to what
extent this power is exclusive, ii 153;
power of eminent domain, not exclusive,
ii 153-
power to construct the entire military
system is vested in Congress, ii 154;
Commonwealths may not prohibit the
people from keeping and bearing arms,
ii 155; Congress may not usurp the
command, i 155, 260; the power to
suspend the writ of habeas corpus, ii
155; shared by President and Congress,
ii 155, 259. 11. Organization and pro-
cedure of the courts, ii 156 ff.; whole
judicial system except Supreme Court
subject to Congress, ii 156; may not
deprive judges of compensation, ii 157;
judgeships of Supreme Court created by
Congress, ii 157; may regulate appeals,
ii 158, 331; and removal of causes,
ii 158; prescribe manner of proof of
Commonwealth records, etc., ii 158; and
rules for the return of fugitives from
justice, ii 158; power is exclusive, ii
158; may bring Congress into collision
with the executive and judiciary, ii 159.
12. Territories, districts, and places not
under the federal system, ii 159 ff.;
power is exclusive, limited only by the
domain of civil liberty, ii 159: Com-
monwealths must cede jurisdiction, ii
160; Congress may re-cede, ii 160;
doctrine of 1820-1860, ii 161; power to
admit foreign states, ii 162; constitu-
tional methods are treaty and conquest,
ii 162; the Texas precedent, ii 162;
limitation on power to create new
Commonwealths out of territory under
Commonwealth government, ii 162;
Congress merely determines the mo-
ment when the grant of Commonwealth
powers takes effect, ii 163; the powers
are vested by the Constitution, ii 163;
no power of Congress to limit them, ii
163; Congress determines the existence
of the conditions under which the
Constitution withdraws them, ii 164;

10. Military system, ii 153; the

power of commander-in-c ief to sus
pend self-government on the ticate
of war, ii 164; resistance to the central
government determines Commonwea.ti
existence, ii 164; duty to maintain re-
publican government in every Com-
monwealth, ii 165. 13. Administrative
measures, ii 156 ff.; Congress pos-
sesses the ordinance power, ii 166; may
adopt any appropriate ways and means
not forbidden, ii 167; comparison with
the legislature of the German Empire,
ii 182; may remove disqualifications
for holding office, i 52, 144: power of
interpreting the Constitution, ii 221;
theory that Congress may regulate the
dismissal and suspension of officers by
law, ii 250; exercises check over up-
matic powers of the President, 1 252;
President must inform Congress of the
state of the Union, and rec.mmerd
measures, i 252; members are ex-
empted from the jurisdiction of the
Senate as a Court of Impeachment, ii

333-

Congress, under the Artices of Confed-
eration (U.S.), i 101, 104, 144 145-
Continental Congress (U.S.), i 100.
Consciousness, common, as an interpre
ter of truth, i 54; of mankind, 1 55. of
the state, a development i64; through
theocracy, i 64; despotism, i 65; also-
lute monarchy, i 66; popular state, i 60
ff., 81.

Consensus of opinion, defined, i 82. (See
Consciousness, common. i
Consolidated government, i: 8; applicable
only to a perfect society, il 9.
Constitution, formation of, of Great Brit
ain, the United States, Germany, ard
France, Part I, Bk. III, 1 90-134
represent all forms of constituti na sm,
i 90 (see Great Britain, United States,
Germany, France); a constrat
historical, i gr; no one of these wi
written, i91; character of a constitu
largely determined by relation of g v-
ernmental organs to the state, i
three fundamental parts of a constitu
tion, i 137.

n

Constitutional law, American, far in al-
vance of European, i 263, 11 184, eya
tials of perfect, i 263 ff.
Constitutional State (Rechtsstaat), 173-
Consulate (F.), i 129.
Contracts, Commonwealth may not m
pair the obligation of, i 234 ft.: a.mei
against the Constitution and laws f

the Commonwealth, i 234; "contract,"
“obligation," and "impair" defined,

i 235.

Controversy (U. S.), ii 325. (See Case.)
Convocation (E.), power of the Crown over
its meetings and proceedings, ii 207.
Co-ordinated government, defined, ii 8;
is the almost universal form, ii 9.
Copyrights, legislation in respect to
(U. S.), ii 143 ff.

Coronation, does not impose duties on
the wearer of the crown (E.), ii 196.
Coronation oath. (See Oath, corona-
tion.)

Corps législatif (F.), organization and pro-
cedure, i 168, 169; its position, 1814-
1848, i 130. (See France, Organization
and Powers of the Legislature.)
'Corruption of blood" (U. S.), term ex-
plained, ii 149.

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Cortes, Spanish, i 58.

Councillors of the arrondissement (F.),

partake in the election of senators, ii 96.
Councillors of the commune (F.), repre-
sented in the electoral colleges which
choose senators, ii 96.

Councillors of the département (F.), par-
take in the election of senators, ii 96.
Council of State (F.), is the Privy Coun-
cil of the President, ii 302; ministers
are members of it, ii 302; members are
appointed and dismissed in the Council
of Ministers, ii 302.

Council, Privy (E.), definition, i 209; his-
tory, i 211. (See Cabinet.)
Council, Privy, Judicial Committee of.

1. Tenure, ii 339; organization, ii 339;
identity of its personnel with that of the
House of Lords organized as an ap-
pellate court, ii 339, 342. 2. Jurisdic-
tion, (a) appellate, ii 340; (b) original,
ii 340; (c) residuary judicial powers, ii
340.

Counterfeiting coin and securities of the
United States, i 185.
Coup d'état (1851), i 130.

Cour d'Assises (F.), ii 354.
Court of Arches (E.), Appeals from, to
Judicial Committee of the Privy Coun-
cil, ii 340.

Court of High Commission (E.), i 94.
Court of Requests (E.), ii 208.
Court of Star Chamber (E.), i 94, ii 208.
Crémieux, a member of the provisory
government of 1870 (F.), i 131.
Criminal law, its fundamental principles
national, its administration local, i 207.
Crown of Great Britain. See Great Britain,

Organization and Powers of the Execu-

tive.
Crusades, influence on France, i 162.
Dane, ethnology, i 25.
Danube, i 9.

Davis, Mr. Justice (U. S.), opinion in the
Milligan Case, i 250.

Declaration of Independence (U. S), its
nature, i 100.

Democracy, defined, i 72 (see Popular
State); modern States are democra-
cies, i 81; its nearness to Cæsarism,
i 128, ii 4; tends when mature to the
democratic form of government, ii 4.
Democratic form of the State and national

unity, i 3; tends to develop the socialis-
tic end of the State, i 74.
Democratic immediate government, ii 2;
cannot be widely extended, ii 2.
Democratic State, with monarchic gov-
ernment, ii 3; with aristocratic govern-
ment, ii 4.

Départements (F.), ii 97.

Deportation, when justifiable, i 42.
Deputies, Chamber of (F.), in National
Assembly, i 169-172; responsibility of
ministry to, i 172, ii 302; struggle with
Senate in fixing ministerial responsi-
bility, ii 24-26: organization, ii 94 ff.;
finance measures must be presented to
it first, ii 94, 128, 297; period and change
of mandate, ii 95; constitutional and
statutory qualifications of voters, ii 95;
time of election in case of dissolution
of the chamber by the President, ii 96,
296; determination of disputed elec-
tions, i 97; resignation of members,
ii 97; qualification of members, ii 98;
disqualifications, ii 99; determination of
eligibility, ii 100; immunity from arrest,
ii 100, 121; right of freedom of speech,
ii 101, 122; to compensation, ii 101, 119;
assembly and adjournment, ii 101, 295;
dissolution, ii 102, 296; principle of the
quorum, ii 102 ff., 124; elects its officers,
ii 103; makes its own rules, ii 103; lim-
itations, ii 104; power to punish out-
siders for contempt, ii 104; mode of
legislation, ii 104.

"Der König stirbt nicht," a principle of
Prussian public law, ii 267.

"Der Todte erbet den Lebendigen," a

principle of Prussian public law, ii 267.
Despotism,' indispensable in the produc-
tion of political civilization, i 60, 61; its
origin, history, defects, and advantages,
i 65; conflict with the priesthood, i 66;
and individual liberty, i 174.

Dicey, Prof. A. V., on the difficulty of de-
fining the term "Cabinet" (E.), ii 209.
Dictatorship (U. S.), i 246; history of, in
1861, i 247 ff.

Diet of the German Confederation, in
1866, i 114, 115; assumes to settle the
Schleswig-Holstein dispute, i 115.
Diet of the German Empire. See Reichs-
tag.

Direct taxes (U. S.), i 199.
Directory (F.) (1795-1799), i 129.
Disability, of President and Vice-Presi-
dent (U. S.), result of, ii 239; removal
of, ii 240; who shall determine when
it occurs and ceases, ii 240; of Presi-
dent (F.), no provision for, ii 290; of
King or Queen (E.), ii 190 ff.; of King
(P.), ii 269 ff.; of Emperor (G.), 269 ff.
District of Columbia (U. S.), personal im-
munities there, i 186 ff., 191, 193, 194,
195; power of Congress over, ii 159 ff.
Districts not under the Federal System

(U. S.), ii 159 ff.; power of Congress
is exclusive, ii 159; limited only by do-
main of individual liberty, ii 160; com-
monwealth legislature must cede juris-
diction, ii 160; Congress may re-cede
it, ii 160.

Divine Right, theory of, in the Stuart
monarchy, i 94; in the Carolingian
Empire, i 125.

Dual government, defined and explained,
ii 5; subdivided into (a) Confederate
government, which is transient, ii 6;
and (b) Federal government, which is
not ultimate, ii 6; difficulty of Federal
government, ii 7.

Dublin University, representation of, in
House of Commons, ii 62, 66, 67.
"Due process of law," defined (U. S.), i
188, 197 ff., 211; Commonwealth guilty
of violation where its officer violates, i
210; the inhibition of the Fourteenth
Amendment is directed against the
Commonwealth, i 211; defined by the
Court, i 212; not defined by the Con-
stitution, i 212.

Dufaure Ministry (F.), 1876, ii 25; 1877,
ii 26.

Dux, in the pure Germanic state, i 245.
East Hundred, stewardship of the manor

of, incompatible with membership of
House of Commons, ii 67.
Eaton, M. C. (U. S.), position in debate

over power of Congress to provide for
counting the electoral vote, ii 229.
Edinburgh University, representation of,
in House of Commons, ii 62, 66.

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Elective government, defined, ii 10; vari-
ous methods of election, ii II.
Electoral system (U. S.), has undergone
great changes, ii 230.

Election, various methods of, explained,
ii II; determination of disputed elec-
tions to Congress (U. S.), ii 46; Par-
liament (E.), ii 65; in the French legis-
lature, ii 97; general principles, ii 113.
Electors of President and Vice-President
(U.S.) shall be chosen in such manner
as the legislature of the Commonwealth
may direct,
216 ff.; time and manner

of voting, ii 221; statutory regulation
thereof, ii 222.

Eleventh Amendment. See Amendment
to the Constitution (U. S).

Elk v. Wilkins (U. S.), doctrine of,
i 222 ff.

Emerson, referred to, i 163.

Eminent domain, limitations on, i 195, 197;
exercise of right by federal government,
ii 153; by Commonwealths, i 233; can-
not be granted away, i 239 ff.; where
both governments exercise it on the
same property, precedence of the fed-
eral government, ii 153.

Emperor (mediæval) and King contrasted,
i 109.

Emperor (G.), is not expressly armed
with a veto on general legislation or on
amendments to the Constitution, i 156;
has a practical veto, i 157, 166; power of
promulgating laws, i 166; duty to pro-
tect extra-territoriality of members of the
Federal Council, ii 83; calls, opens, ad-
journs, and prorogues legislature, and
dissolves the Diet, ii 84; limitations
upon this power, ii 84; power over
organization of committees of Federal
Council, ii 88. Organization: I. Ten-
ure, the imperium is an office, i 264;
belongs to the King of Prussia, i 264;
who can be deprived thereof only by
his own consent or by revolution, i 265;
comparative study, ii 307; II. Law of
Succession, is law of succession to Prus-
sian crown, ii 265, 268; Prussian royal
house law, ii 266; pactum confraterni-
tatis of 1457, ii 266; requires ratification
by Prussian legislature, ii 267; possible

effect of changes in Prussian succession
law, ii 267; rule of immediate succes-
sion, ii 267; oath necessary, ii 268; ef-
fect of omission of oath, ii 268; abdi-
cation, ii 268; comparison with English
law of succession, ii 310; III. Regency,
provisions of Prussian Constitution for
assumption of regency by adult agnate
nearest to the crown, or by the minis-
try, ii 269; majority of King and of
Regent, ii 269; establishment of regency
in case of minority, ii 270; where King
is permanently incapacitated, ii 270, 312;
the legislature the judge of the neces-
sity, ii 270; death of the King or Crown
Prince without male issue, leaving a
pregnant widow, ii 271; where the min-
istry takes the initiative, ii 272; oath of
Regent, ii 273; termination of the re-
gency, 273; privileges of the Regent,
ii 274; the Prussian Regent is Imperial
Regent, ii 274; representation of the
Emperor, ii 275; IV. Privileges of the
Emperor, ii 275; comparative study,
ii 311 ff.; Powers: I. Diplomatic, ii
276; limitations on the treaty-making
power, ii 276; limitations on the power
of declaring offensive war, ii 276, 277;
II. In Legislation, in calling, adjourn-
ing, proroguing, and dissolving the leg-
islature, ii 278; in the appointment of
committees of the Federal Council, ii
278; no power of initiation or veto, ii
278; actual power over legislation as
King of Prussia, ii 279; furnishes laws
with formula of command and publishes
them, ii 279 ff.; III. In Civil Adminis-
tration, supervises the execution of the
laws by the Commonwealth govern-
ments, ii 281; administers laws in rela-
tion to, I. the collection of taxes, ii 282;
exemptions of certain Commonwealths,
ii 282; 2. postal and telegraphic sys-
tem, ii 282; exemptions, ii 283; 3. fix-
ing railroad tariff in time of distress,
ii 283; exemption of Bavaria, ii 283;
4. government of Alsace-Lorraine, ii
283; appoints and dismisses all officers,
ii 284; tenure of judicial officers, ii 284,
362; IV. Military Powers, ii 284 ff.;
1. the Emperor is commander of the
Army, ii 285; appointment of officers,
ii 285; Commonwealth exemption, ii
285; 2. of the Navy, ii 286; 3. may es-
tablish fortifications, ii 286; 4. declare
the state of siege, ii 286; V. The Im-
perial Chancellor, must countersign all
civil official acts, and thereby assumes

the responsibility therefor, ii 284, 286,
287; is not responsible to the legisla-
ture, 287; may be represented, ii 287;
executes compulsion upon a Common-
wealth on vote of the Bundesrath, ii
351.

Empire, universal, the peculiar institution
of the Latin race, i 35; its advantages,
i 35; defects, i 36.

Empire, First (F.) (1804), i 129.
Empire, Second (F.) (1852), i 130.
Ends of the State, Part I, Bk. II, Chap. iv.
i 83-89; literature of the topic, i 83;
von Holtzendorff's doctrine, i 83; ex-
amined, i 84; Hegel's doctrine, i 84;
examined, i 85; are attainable by other
means than government, i 85; classifi-
cation of the ends of the State, i 85;
definition of the ultimate end, i 85; of
the secondary end, i 86; of the primary
end, i 86; modification of the sphere of
government in attaining these ends, i 86,
87; historical order of the ends of the
State, i 89; which cannot be reversed,
i 89.

England, politically organized by the
church, i 61; State and government
there since 1066, i 69. (See British
Isles; Great Britain.)

English peoples, ethnology, i 13.
"Equal protection of the laws" (U. S.),
defined, i 217.

"Erledigen" (G.), term interpreted, ii 348.
Esquiros (F.), i 132.

Ethnic unity. See Unity.

Europe, its geographic unities, i 5.
Evarts, Senator (U. S.), holds that on re-
jection of the vote of a Commonwealth,
it is not to be deducted from the whole
number of electoral votes in calculating
the majority necessary for a choice, ii
234, 235, 236.

Evidence, on treason trials (U. S.), i 189,
ii 148.

Exclusiveness of the state, i 52.
Executive, constitution of, i

185-320;

(see United States, Great Britain, Ger-
many, France, passim); comparative
study, ii 307-320; I. Tenure, ii 307 ff.;
1. Hereditary and Elective,
307; the
elective principle the product of revo-
lution, ii 308; hereditary tenure not in-
consistent with the democratic State, ii
308, 309; conditions of its existence,
ii 308; will probably disappear, ii 309;
its advantages, ii 308; 2. Comparison
between the English and German law
of succession, ii 310; 3. Comparison be-

tween law of election of United States
and France, ii 310; II. Personal Irre-
sponsibility of the Executive, il 311 ff.;
is a necessary principle, ii 312; not in
the case of ministers, ii 313; responsi-
bility of ministry to legislature, ii 313 ff.;
ministerial responsibility essential to
neither hereditary or elective executive,
ii 315. 315; conditions under which it
is advantageous, in 316; joint and sev-
era. ministerial responsibility, ii 316;
III. Powers, ii 317 ff.; substantial har-
mony between the four countries, ii
317; distinction between England and
the other representative governments
in the matter of the residuary powers
of government, ii 317 ff.; causes, 317;
greater divergence between the execu-
tives of the four governments than
between their legislatures, ii 318; his-
torical reason, ii 319.

Executive independence, degrees of, ii 12.
Exports, tax upon (U. S.), i 198.

Ex post facto law (U. S.), i 186, 201 ff.
Extra-territoriality, of members of the
Federal Council generally (G.), ii 83;
of Prussian members, ii 83; Laband's
view, ii 83.

Federal Council. See Bundesrath.
Federal form of government, when advis-
able, i 40; impossible under the British
organization of the State, i 140; ex-
plained, ii 6; is not ultimate, ii 6; its
difficulty in practice, ii 7; present dis-
satisfaction with this form, ii 38; its
characteristics, ii 131.

Federalism in legislation is transient, ii
184.

Federal State, so called, i 79, 80, 165.
Federal system (U.S.), is indestructible

under the Constitution, ii 166; but the
individual Commonwealths are not, ii
166.

Fehde (G.), i 111, 112.

Felonies committed upon the high seas
(U. S.), i 186, ii 133.
Feudal State, i 73.

Feudal system and civil liberty, i 56, 175.
Fiction, legal, defined, i 96.

Field, Mr. Justice, dissenting opinion in
the Slaughter House Cases (U. S.),
i 216 ff.

Fifteenth Amendment. See Amendment
to the Constitution (U. S.).
Fines, excessive (U. S.), i 189.
Finns, effect of their presence in the Scan-

dinavian Peninsula, i 24, 25.
Flemings, ethnology, i 14.

Foreign relations, powers of Congress in
respect to (U.S.), ii 133 ff.
Formation of a constitution seldom pro-

ceeds according to forms of law, i 90.
Forms of government, four canons of dis-
tinction, ii 1–16; immediate government,
ii 1 ff.; must be unlimited, ii 1; and
despotic in theory, ii 2; may be mo-
narchic, aristocratic, or democratic, ii 2;
representative government defined, ii
2 ff.; may be limited or unlimited, ii 2;
may be of any one of the three forms,
ii 3.4; centralized government defined
and explained, ii 4; is best suited for
completely national states, ii 5; other
States may be forced to adopt this
form, ii 5; dual government defined
and explained, ii 5; is subdivided into
confederate and federal, ii 6, 7; con-
solidated government defined, ii 8; is
applicable only to a perfect society, ii
9; co-ordinated government defined, ii
8; is the almost universal form, ii 9;
hereditary government defined, ii 9;
classification thereof, ii 9, 10; elective
government defined, ii 10; presidential
government defined, ii 11; degrees of
executive independence, ii 12; merits
of this form, ii 12; its defects, ii 13;
parliamentary government defined, ii
13; modification of the theoretical defi-
nition in practice, ii 14; merits of this
form, ii 14; its limited applicability, ii
15. Application of these canons, 17-
40; characterization of the government
of the United States, ii 17-21; of the
French government, ii 21-27; of the
German Imperial government, ii 27-32;
of the English government, ii 32-37.
Comparison of the preceding forms, ii
37-40; present tendencies in govern-
ment, ii 37-39; the form of the future,
ii 39.

one,

Forms of State, Part I, Bk. II, Chap. III,
i 68-82; confusion existing in the minds
of publicists, i 68-71, ii 1; the Greek
State, 171; the question to-day a double
i71; Aristotle's classification, i 71,
72; von Mohl's, i 73; effect of the form
on the end of the State, i 74; Blunt-
schli's classification, i 74 ff.; the mixed
form of State, so-called, i 75; the com-
pound form so-called, i 77; the author's
classification, i 81; modern States are
democracies, i81; changed only through
revolution, i 97.

Forsyth, views on the power of the crown
to establish martial law (E.), ii 205.

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