Foster, Sir M., of Homicide, 92, note. Francis, Chronicles, &c. of Stock exchange, 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. 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. of cassation, 233. Justice of the peace, and courts of conciliation, 234. Senate, ib. Idea of equality, real French liberty, 235. Not institutional, 235, 236. Royer Collard's dictum, 236. Equality and uniformity confounded, ib.Strange instance of interference, 237, note. République Démocratique 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. 13. 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, Greenleaf on warrants, 48. Grimm, German dictionary, 22, note. Grimke, Considerations upon the Nature and Tendency of Free Institutions, 221, note. Guards, National, 101. Guizot, representative of parliamentary government in France, 122. Essays on History of France, 126. His opinion on absolutism, ib. History of the Origin of Representative Governments, 136, note. On elections in monasteries, 241. HABEAS Corpus Act, 49. Constitution 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. High Treason, 64, et seq. American definition, 65. Chief-Justice Marshall, 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 danger, 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 Appendix. M. Troplong's view of victorious democracy in Rome in the emperors, 338. Epitaph of Massaniello, ib. note. Report of the senatorial committee written by M. Troplong, on changing the republic into an empire, see Appendix, 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 Populi Vox Dei, 346, 360, et seq. Source of imperatorial sovereignty is not what it is pretended to be, 346. The Cæsar always exists before he is proclaimed as such, 348. His election futile, 349. Arbitrary power recommends itself to popular favour by avowing democratic equality, ib. Imperatorial sovereignty plausible, 351. Imperial Constitution of France, 500. Impressment of Seamen, 50. New Law, ib. Incriminating one's self, 58. Indemnity, Acts of, for British Ministers, 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. (Political 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 Constitution 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 sanguinary, but trial not, 408. The inquiring judge reports on the case, 409. He is not properly restricted, ib. No regular indictment, ib. Prisoner is urged to confess; no physical torture, but psychical, 410. No cross-examination of witnesses, ib. Justice and police are mixed, ib. Sorrowful defence, ib. Punishment 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. Definition of institution, 255. Characteristics, 255, 266. Single but great laws called institutions, 255. Instances of institutions, 256. Derivation of the word, 257. Grown and enacted institutions, 258. Dr. Arnold's definition, 259. Difference between institute and institution, 260, note. Perpetuity of institution, ib. Brilliant periods without N N institution, 261. Neither Greeks nor Romans had words for institution, 262. Reason why, 263. Modern tendency to abstract, ib. note. Christian Politics, by Sewell, 265, note. The opposite of institution, 267. Vicious institutions, 268, et seq. Strength of institutions, 269. Institutional tribes, 270. Louis Napoleon calls himself an institutor, 274. Hollow, effete institutions, ib. They serve sometimes as bridges, 276. Institutional self-government, ib. et seq. Advantages of institutional government, 306, et seq. Institutional Self-government. See Institution and Self-government. Institutional Tribes, 270. Institutional States, their security, 324, et seq. Instruction of Representatives, 162. Interference, Foreign, 41, et seq. By the Pope, 43. Interference, strange instance of, by French Government, 237, note. Interpretation, 169. Lieber's work on it, ib. note. Interpretation prohibited by the Pope, ib. note. Civil law against it, ib. note. Introduction, 1. Lemoisne, Wellington from a French Lib, Gothic for body, the same root Liberty, definitions of, 7, et seq. Local self-government in Asia, see Self-government, 138. Dixon on Maiwara, on it, ib. note. Locke, against comments on his constitution 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 Philippe; charter adopted 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. note. Magna Charta of King John, entire, Magna Charta of King Edward, 426. Majestas Populi, 335, et seq. Managers, Election, 143. Mansfield, Lord, on general warrants, Marcus Aurelius, letter by Fronto to, Market Democracy, 135. Mars, Mademoiselle, dictum on ap-. Marshall, Chief-Justice, on treason, 65. Massaniello, epitaph, 338. note. Medieval liberty, 32. Miles, J. W., 22, note; 340, note. Mittermaier. His view of penal trial, Modern and Ancient States compared, Mongolian view of imperatorial sove- Monopolies, act of parliament against Mormons, when they shall ask to be Officers personally responsible for the One hour rule, when first established, Orality, see Publicity. Orange, House of, in Netherlands, 331. Ostracism in Athens, number of votes Ouvriers, 345, and note. PALEY, definition of liberty, 18. Pardoning, a real vetitive power, 165. Massachusetts convention, 399, note. On averages, 400, et seq. Measures proposed to remedy abuse of pardoning, 401, et seq. Constitution of French republic on pardoning, 403, note. Public attention not yet directed to it, 403, and note. Restitution distinct from pardoning, 406. Costliness of pardoning, 407. Lord Palmerston's view and experience, ib. Pardoning in a county in Pennsylvania for fifteen years, 408. Paris, its influence in France, 352, et seq. London and Paris compared, 354. Party, government by, 119, et seq. Pastoret, on pardoning power, 393. Peace, Justice of, French, 234. People, meaning of the term, 40. Perreaus, not pardoned, 395. Peuple tout-puissant, 330. Pitt, Wm., the younger, anecdote |