republicans against it, ib. Abhorred
by absolutists, 227. See French
Republican Constitution in Ap-
pendix.

Division of Government into three
powers, 121. Locke, Montesquieu
on it, ib. Girardin against it, ib.
Dodd, Rev. Dr., not pardoned, 395.
Donaldson's Greek Dictionary, ad
verbum Autonomy, 23, note.
Double Elections, 141.
Dragonades, 95.

Dumont, on want of parliamentary
rules in France, 153.

EBRINGTON, Lord, conversation with
Napoleon, 237, note.

Education, cannot alone secure Li-
berty, 254.

Edward, Magna Charta of king, 426.
Elections, direct and double, 141.
Circuitous in Middle Ages, 142.
Executive influencing them, 143.
Election managers, ib. Elections
and election statistics, 375, et seq.
Cromwell's act of 1656, 375, 379.
"The People's Elect," 376. Con-
ditions necessary to make general
votes valid, ib. et seq. Question
must be fairly before the people, ib.
Elections must be properly organ-
ized, ib. Election judges, 377.
Election returns not pass through
executive, ib. et seq. Person on
whom judgment is passed ought to
be in position to abide by the re-
sult, 377. Two things must be
really before the people, ib. The
power on whom judgment is passed
must not first commit the crime
and then ask for a vote, 377, et seq.
Presidential Election in United
States, 380, and note. Results of
election statistics, 381. The more
exclusive the electoral privilege the
less abstain from voting, ib. When
qualified voters exceed six hundred,
at least twenty-five per centum ab-
stain, ib. The larger the number
the more abstain, ib. When three
candidates, larger vote, ib. Num-
ber of votes does not necessarily
indicate the interest taken in the

election, ib. If qualified voters
exceed several thousands, one-half
generally vote; two-thirds show
great interest; three-fourths indi-
cate excitement, ib. Voting on men
draws most votes, ib. Votes of yes
or no, no meaning in centralized
and large countries, 382. Instances,
Number of votes given

ib. et seq.

in Athens, ib. Ostracism, ib. Why
so many abstained from voting in
Athens, 383. Number of votes
given in France, 384, et seq. Num-
ber of votes given in England, ib.
et seq.
Votes polled in Massa-
chusetts, 385. In South Carolina,
ib. In Connecticut, ib. Votes
polled in United States at presi-
dential elections, and proportion of
abstainers, 386. Manner of esti-
mating number of qualified voters,
ib. French vote on coup d'état, 387.
M. Persigny's estimate of qualified
voters in France, ib. Col. Espinasse's
statement of number of impri-
soned Frenchmen, 388. No reliance
to be placed on the vote on coup
d'état, ib. Vote on establishing the
French empire, 388, et seq. Money-
bribery does not exist, but intimi-
dation, 390. Vote on French pre-
sident, 389, note. Election per sal-
tum, 501.

Eleutheros, derivation, 21, note.
Emigration, Right of, 76, et seq.
Enacted Constitutions, 131, note.
England, its early nationalization, 33.
Its historical good-luck, 34, and
note. Resents papal interference,
43. Is the mother of republics,
290. Is a royal republic, 314.
Former penal laws of England san-
guinary, but the penal trial not,
408. Number of votes polled in,
384, et seq.

English, a jural people, 408.
Enthusiasm, can it secure liberty?
254.

Epistolary Communion, 73. Inter-
fered with on the European Conti-
nent, ib. Late French interference
with this right, 74.
Equality. Napoleon's distinction be-
tween equality and liberty, 14. As
a political element in Greece, 31.
Often avowed by arbitrary power,
349, 350. Equality and uniformity
confounded, 237. Constitutes the
chief idea of Gallican liberty, 235.
Napoleon's view of it, 239.
Espinasse's, Colonel, estimate of im-
prisoned Frenchmen at the time of
the vote on coup d'état, 388.
Everett, Edward, letter to Mr. Cramp-
ton, 79. Words on inability of the
French to establish governments in
foreign parts, 289.

Every man's house his castle, 44.
Evidence, Laws of, in inquisitorial
trial. See Inquisitorial Trial.
Ex post facto Laws, 89.

Foster, Sir M., of Homicide, 92, note.
Fox, Charles, Libel Bill, 194.
France, number of votes polled in,
384, et seq.

Francis, Chronicles, &c. of Stock ex-
change, 117.

Franklin, Dr., opinion on two Houses,
158, note.

Frederic of Prussia, on multitudes

submitting to one, 332. Complaints
of English changes, ib.
Free, etymology of the word, 20, note.
The word is connected with friede,
peace, 24, note. Fridon, in old
Saxon, meant to protect, ib. God
alone truly free, 20.

Freedom, derivation of the word, 20,
note; and note to, 24. Freedom

(freithum) in German means
barony, 21, note.

Freemen and non-slaves, 11.
Freiligrath, German poet, 27, note.
Freithum, see Freedom.

a

French Charters of Louis XVIII. and
that of 1830 entire, 477.
French Republic of 1848, constitution
of, entire, 486.

Frequency of Parliament, British
Declaration of Rights on it, 145.
Fridon, old Saxon, to protect, is of
the same root with free, 24, note,
Frihals or Frijhals, 22, note.
Fronto, 335, note.

Funds, public, under the legislature,
114.

GALLICAN Liberty, 232, et seq.
What it consists in, ib. Court

-

of cassation, 233. Justice of the
peace, and courts of conciliation,
234. Senate, ib. Idea of equality,
real French liberty, 235. Not in-
stitutional, 235, 236. Royer Col-
lard's dictum, 236. Equality and
uniformity confounded, ib.
Strange instance of interference,
237, note. République Démocra-
tique et Sociale, 236. Napoleon's
view of equality, 239. Girardin's
conception of one power, 240.
Making the vote sole basis of liberty,
240, 241. Monastic orders founded
on election, 241. Unicameral
system, 242. Gallican aversion to
co-operative government, 243, note.
French derision of parliamentary
government, 243, 244. National
guards, 245, 246. Anglican liberty
is opposed, because not original
with French, 248.

General Votes of Yes or No, 375, et

seq. See Elections.

General Warrants, 46. Mansfield on

them, 47. Greenleaf on them, 48.
Georgian term for liberty, 22, note.
Girardin, against division of power
121. Conception of one power, 240
Universal suffrage is the republic,
316.

Gladstone's pamphlet on Neapolitan
trials for treason, 70.

Gottfried, woman who poisoned above
thirty persons, 198, et seq.
Great cities,&c., by Vaughan, 354, note.
Great Charter of King John entire,
414, et seq.

Greeks, idea of liberty, 13.
Greenleaf on warrants, 48.

Grimm, German dictionary, 22, note.
Grimke, Considerations upon the
Nature and Tendency of Free In-
stitutions, 221, note.
Guards, National, 101.

Guizot, representative of parliamen-
tary government in France, 122.
Essays on History of France, 126.
His opinion on absolutism, ib.
History of the Origin of Represen-
tative Governments, 136, note. On
elections in monasteries, 241.

HABEAS Corpus Act, 49. Constitu-
tion of the United States on the
subject, ib. Alexander Hamilton
on it, ib. Suspension of, in England,
90; in the United States, 91.
Habeas Corpus Act, entire, 436.
Hallam, on trial by jury, 196. Against
unanimity of juries, ib. On English
equality, 308, note.

Haller, Restoration
Science, 310, note.
Hamilton, Gerard;

of Political

parliamentary

logic, 155, note. Dr. Thomas
Cooper's opinion on it, ib.
Harris, proposes a general veto-power,
321, note.

Hatsell's Precedents, 151.
Herodotus, 339.

High Treason, 64, et seq. American
definition, 65. Chief-Justice Mar-
shall, ib. Historical course of the
law, 66, seq. Peculiar importance
of trial, 64, seq. 68. Necessary
requisites of a good trial for high
treason, 68. American trial, 70.
Historical Progress, 218, et seq.
Historical Caricatures, 300, note.
Hobbes, 333.

Hollow Institutions, their great dan-
ger, 301,

Holmes, proposes one-hour rule, 111,
note.

Hungary, former constitution, 297.

IMPERATORIAL Sovereignty, 335, et
seq. Commenced in Rome when
liberty was at an end, 336. Julius
Cæsar, 337. Their elections, ib.;
and Paper on Elections in Appen-
dix.

M. Troplong's view of vic-
torious democracy in Rome in the
emperors, 338. Epitaph of Massa-
niello, ib. note. Report of the
senatorial committee written by
M. Troplong, on changing the re-
public into an empire, see Appen-
dix, No. xiv. Dajoces, 339. Mon-
golian view, 340. Names and words
of no importance, 341. Attempts at
intellectual and moral consistency,
ib. M. Michel's, French advocate,
view that people cannot violate the
constitution, 343. Peuple-Roi, 344.
Working-men not privileged, 345,
and note. Ouvriers, ib. Vox Po-
puli Vox Dei, 346, 360, et seq.
Source of imperatorial sovereignty
is not what it is pretended to be,
346. The Cæsar always exists be-
fore he is proclaimed as such, 348.
His election futile, 349. Arbitrary
power recommends itself to popu-
lar favour by avowing democratic
equality, ib. Imperatorial sove-
reignty plausible, 351.

Imperial Constitution of France, 500.
Impressment of Seamen, 50. New
Law, ib.

Incriminating one's self, 58.
Indemnity, Acts of, for British Minis-
ters, 93. Instances, ib. note. How

Americans get along without them,
ib.
Independence of the Judge, 182, et
seq. Consists in independence of
position as to fixedness and amount
of salary, 188. In proper appoint- .
ment and not elective, 182. (Po-
litical judges, 185.) Ought judges
to sit in the legislature, ib. et seq.
In appointment for a long period,
188. Constitution of United States
on independence of judges, 189. It
consists in accusatorial and public
trial, ib. et seq. Immovability, 190.
French constitution of 1848 decreed
appointment for life. See the Con-
stitution in Appendix.
Independence of the Judiciary, 166,
et seq.
View of British minister
on it, 179.

Independence, Declaration of, of the
United States, entire, 450.
Individual Liberty, 45.

Individual Property, 83, et seq.
Initiative, Right of, 146. French
legislative corps deprived of it, ib.
Ministers had it in France under
the charters. Despots do not allow
it to the legislature, 230.
Inquisitorial trial, 58, 180, et seq.
English Penal Laws formerly san-
guinary, but trial not, 408. The in-
quiring judge reports on the case,
409. He is not properly restricted,
ib. No regular indictment, ib. Pri-
soner is urged to confess; no phy-
sical torture, but psychical, 410.
No cross-examination of witnesses,
ib. Justice and police are mixed,
ib. Sorrowful defence, ib. Punish-
ment proportioned according to
evidence, 410. Logic of trial and
conviction, ib. et seq. Number of
witnesses, of oaths, &c., 411, 412.
Torture still exists in the world,
414, note. It may return in some
countries, 414. Indeed it has in
Naples, ib.
Insecurity of Uninstitutional States,
324, et seq.
Institution, 251, et seq.

It alone can

secure liberty, 253, et seq. Defini-
tion of institution, 255. Character-
istics, 255, 266. Single but great
laws called institutions, 255. In-
stances of institutions, 256. Deri-
vation of the word, 257. Grown
and enacted institutions, 258. Dr.
Arnold's definition, 259. Difference
between institute and institution,
260, note. Perpetuity of institu-
tion, ib. Brilliant periods without

N N

Lemoisne, Wellington from a French
point of view, 283.
Lesbian canon, 314.

Lib, Gothic for body, the same root
with Latin liber, 21, note.
Lieber, Translation of De Beaumont
and De Tocqueville on Penitentiary
System in U. S., 397, note. Cha-
racter of the gentleman, 203, note.
Essay on Penal Law, 57. Letter
on International Copyright, 75.
On Labour and Property, 83.
Liberians, 289.

Liberty, definitions of, 7, et seq.
All men desire it, even the despot,
Liberty is self-determination, 20.
Definition of liberty in general, ib.
Derivation of the word, ib. note.
Oratory, the æsthetics of liberty,
112. A thing that grows, 293.
Webster's opinion on its sagacity
and caution, 129. First conceived
of as negation of slavery, 21, note.
Great passage of Daniel Webster
on its character, 124, et seq. See
Civil Liberty; Anglican Liberty;
Gallican Liberty.

>

Local self-government in Asia, see
Self-government, 138. Dixon on
Maiwara, on it, ib. note.

Locke, against comments on his con-
stitution for South Carolina, 170.
Against unanimity of juries, 197,
Locomotion, right of, 76, seq.
London and Paris compared, 354.
Longevity of States, of itself, decides

nothing, 124, note. Longevity of
modern states, 321.

Lot. The lot an element of Greek
democracy, 32.

Louis XIV. persecutes Protestants,
81.

Louis XVIII., his charter, 477.
Louis Napoleon's proclamation after
the coup d'état, 16. Vote on it,
387. Against responsible minis-
ters, 128, 129. His dictum that
the history of armies is that of
nations, 227, note. Calls himself
Institutor, 274. Saying that liberty
never founds governments, 294.
Believed to have saved society,
359. Constitution made by him for
France, 506.

Louis Philippe ; charter adopted

when he ascended the throne of
France, entire, 477.

MACAULAY, on judges having seats
in the Commons, 185. Opinion on
the manner in which the English
allowed Charles to return, 288.

Machiavelli, 318, note.
Madison on division of power, 123,
note.

Magna Charta of King John, entire,
414, et seq.

Magna Charta of King Edward, 426.
Mainots, 45.

Majestas Populi, 335, et seq.
Majority, Protection of, 119.
Malleus Maleficarum, by Sprenger,
365.

Managers, Election, 143.

Mansfield, Lord, on general warrants,
47. On alteration of administration
of justice, 177, note. On pardoning
Dr. Dodd, 395.

Marcus Aurelius, letter by Fronto to,
335, note.

Market Democracy, 135.

Mars, Mademoiselle, dictum on ap-.
plause, 367.

Marshall, Chief-Justice, on treason, 65.
On property, 86, note.
Massachusetts, votes polled in, 385, et
seq. Pardoning in Massachusetts,
see Paper on Pardoning in Appen-
dix.

Massaniello, epitaph, 338.
McDowell, governor, called on to
speak beyond one hour," 111,

note.

Medieval liberty, 32.

Medieval states, 29, et seq.
Meeting, Right of peaceably, 103.
Michel, French advocate. The people
never violate the constitution, 343.
Middle ages, conclamatory character
of them, 363.

Miles, J. W., 22, note; 340, note.
Ministers responsible, 128, et seq.
Louis Napoleon against them, 129.
Minority, Protection of, 118. Protec-
tion of opposition, ib.
Mistresses of French kings, 310.
Mitchell, British Minister in Prussia,
332, note.

Mittermaier. His view of penal trial,
54. On difficulty of defending in
inquisitorial trial, 198, note. His
Art of Defending, ib.

Modern and Ancient States compared,

29, et seq. Difference between
modern states, and antiquity, 321.
Monastic Orders founded on election
and constant voting, 242.
Mongolian view of imperatorial sove-
reignty, 339.
Monopolies, act of parliament against
them, 86.

Mormons, when they shall ask to be
admitted into Union, 82. "Theo-
democratic" government, 242.

Oceana, 297, note.

Occidental and Oriental, 5, et seq.
note.

Officers personally responsible for the
legality of their acts, 91, et seq.
Does not exist in France, 92. Sheriff,
ib.

One hour rule, when first established,
111, note. In Athens, ib. Half an
hour allowed to prelates at the
Council of Trent, 112, note..
One House. Its danger, 157.
Opposition, a great institution, 118.
History of opposition, ib. Mere op-
position to government, is not li-
berty, 327.

Orality, see Publicity.