tion with Great Britain, 27 et seq.; doc-
trines of, 35; action of, respecting matters
of prize, 216-17.
Consuls, how nominated and appointed, 199,
261-2; power of judiciary to pass upon
cases affecting, 212, 262, 263, 277, 398,
403, 417.
Cope, Henry, member, Massachusetts-New
Hampshire boundary commission, 119 note.
Copyrights, power over, given to Congress,
166.
Corporations, charters to, 65, 68; character-
istics of, 66-7; defined, 67; by-laws of,
67, 68.
Council for the Government of Foreign
Plantations, 99.
Counterfeiting, power of Congress to pun-
ish, 166.
Court of Appeals in Cases of Capture, first
permanent tribunal of States, 210 et seq.;
advocated by Washington, 216-18; estab-
lished by Congress under Confederation,
223; judges of, 223; cases before Con-
gressional Committee on Appeals trans-
ferred to, 224; analysis of the work of,
224; cases submitted to, 224 note; Jameson
on influence of, 225; an origin of Su-
preme Court, 225, 244; purpose of, to ob-
tain uniformity of decision in matters of
prize, 244; jurisdiction of, 273, 447; ju-
dicial power of United States extended to
cases decided by, 447.
Courts, under Confederation, 44-5, 214 et
seq., 229 et seq., 247; power of English
courts respecting legislation in excess of
charters, 65; of East India Company, 69-
70; colonial, 72 et seq, 100, 138, 213, 218;
in States, 138, 139, 213; relation of Fed-
eral and State courts, 304, 413-16; a court
defined, 400; right of Congress to bring
cases to cognizance of, 432. See also Su-
preme Court, Judicial Power.
Coyle v. Smith, 294.
Credit. See Bills of Credit.
Crown of England, Pilgrims without char-
ter from 3, 5; disapproved Albany plan
of union, 14; petitioned by colonists for
redress of grievances, 23, 27; Jamaica, part
of possessions and revenues of, 92, 93;
legislative powers of, 94, 95; prerogatives
of, 99; colonies dependent on, 101; in-
terest of, in colonial disputes, 101 et seq.;
certain colonial governors and courts ap-
pointed by, 138; territory ceded to, by
Treaty of Paris, 292.
Cuba, title of, to Isle of Pines, 379 note.
Cumberland, George Earl of, East India
Company charter of 1600, granted to, 69.
Curtis, Mr. Justice, on right of Congress to
bring cases within cognizance of courts,
431-2.
Currency, to be issued by Congress, 43.
Cushing, Thomas, delegate, First Continental
Congress, 23.
Cushing, Justice, member, New York Cir-
cuit Court, 350; commissioner, case of
United States v. Todd, 353.
Davie, William R., member, compromise com-
mittee, Senate suffrage controversy, 185.
Davis and Cargo, The Schooner, 461.
Davis, J. C. Bancroft, cited, regarding work
of committees and Court of Appeals, 224,
224 note.
Day, Mr. Justice, on Root's instructions for
government of the Philippines, 330; on
extra-judicial opinions of Supreme Court
judges, 433; on interpretation of terms of
common law, 443.
Dayton, Jonathan, presence at Federal Con-
vention urged, 176; considered_provision
for settling disputes between States un-
necessary, 269.
Dean, Silas, negotiated treaty with France,
1778, 35.
Declaration and Resolves of First Conti-
nental Congress, 1774, adopted, 24; sum-
mary of, 24-6; extract from, on English
law in colonies, 98.
Declaration of the Causes and Necessity of
Taking up Arms, 1775, adopted by Sec-
ond Continental Congress, 27.
Declaration of Independence, some form of
general government necessitated by, 15;
justified, 22; conditions which occasioned,
22; Richard Lee's motion respecting, 29 et
seq., 40, 135, 217; drafting committee of,
29; draft of, presented by committee, 30;
signed and published, 30; summary of, and
comments on, 30 et seq.; drafted by
Thomas Jefferson, 30, 33, 135; ideas and
language of, derived from English phil-
osophers, 25-6; French influence on, 35-6;
vested sovereignty in the people, 133, 308;
government derives powers from consent
of governed, 140; declares colonies free
and independent States, 455; text of,
492-4.
Declaration of Rights. See Bill of Rights.
De Lancey, James, member, Massachusetts-
New Hampshire boundary commission, 119
note.
Delaware, excluded from Albany plan of
union, 11; interest of, in navigation of
Chesapeake Bay, 56; represented at An-
napolis Convention, 56, 146; appointed
delegates to Federal Convention, 56, 146;
representative assemblies in, 85 note; char-
ter of, 86 note; disputes between Penn
and Lord Baltimore respecting territory
of, 121-5; constitution of, 126; court of
appeals in, 126, 139; instructions of, to
delegates to Federal Convention, 150-2, 153;
insisted on equal vote of States in both
branches of legislature, 151-2, 153, 173-4,
184, 185; vote of, respecting popular rati-
fication of Constitution, 305, 308; ratifi-
cation of Constitution by, 309, 310, 571
note; ratification of first ten amendments
to Constitution by, 572 note.
De Lovio v. Boit, 447 note.
Dent, Mr. Justice, "supreme court" defined
by, 400.
Detail, Committee of. See Committee of
Detail.
Dickerson, Oliver Morton, on settlement of
colonial boundary disputes, 118 note, 119
Dickinson, John, draft of Articles of Con-
federation presented by, 18, 40, 41-2, 237;
drafted conciliatory petition to King, 27;
chairman of committee to report form
of confederation, 40; delegate of Delaware
to, and chairman of Annapolis Conven-
tion, 56; Delaware delegate, Federal
Convention, 151, 237; compromise motion
of, respecting election of senators by State
legislatures, 173, 179, 180; in favor of
equal suffrage of States, 177; president
of Pennsylvania, 233; member of court,
South Carolina-Georgia boundary dispute,
237; refused to sign Declaration of In-
dependence, 237; opposed to limitation of
judicial power of United States, 252;
views of, respecting institution of national
judiciary by legislature, 253; proposal, re-
specting tenure of judges, 263; motion of,
respecting appellate jurisdiction of Su-
preme Court, 273.
Dickinson, Philemon, member of court,
South Carolina-Georgia boundary dispute,
237.
Disarmament, States voluntarily submitted
to, 210.
Discovery, right of, v. right of conquest, 91;
true basis of possession, 92; laws of con-
quest, 93 note.
Disputes. See Boundary disputes.
District of Columbia, seat of government
under Constitution, 168; act of Congress,
permitting the drawing of lotteries in, 409.
Doderidge, Sir James, drafted first Virginia
charter, 70.
Drafting Committee of Declaration of Inde-
pendence, 29, 30.
Drayton's Articles of Confederation, treaty-
making provision in, 198 note.
Duane, James, District Judge, New York
Circuit Court, 350; member of court, South
Caroline-Georgia boundary dispute, 237.
Duties, right of States to lay, renounced, 43;
power of Congress to collect, 166; pro-
vision respecting, Patterson plan, 177.
Dyer, Eliphalet, agent, case of Pennsylvania
v. Connecticut, 232.
East India Company, charters of, 64, 69-70,
71, 73, 76; a joint-stock company, 68;
origin of Empire of India, 70; organization
of, 70.
East Jersey. See New Jersey.
Eastland Company, a regulated company, 68.
Edward VI, statute of, against buying offices
concerning the administration of justice, 92.
Elizabeth, Queen, charter to George, Earl of
Cumberland, 69, 70, 71; charter to East
Indian Company, 73.
Elliot, Andrew, member New York-New Jer-
sey boundary commission, 1767, 116
Elliot, Jonathan, on debates in the Federal
Convention, 53.
Ellsworth, Oliver, Connecticut delegate, Fed-
eral Convention, 152; motion of, respecting
term "national" in relation to the legis-
lature, 161; in favor of equal suffrage of
States, 176; on necessity of maintaining
the State governments, 180, 184; urged
equality of suffrage in Senate, 179-80, 181-2,
184; member compromise committee, Sen-
ate suffrage controversy, 185; views of,
respecting principle of coercion, 206, 281-2;
member, Committee of Detail, 260; in fa-
vor of ratification of Constitution by State
legislatures, 305, 307, 308; on determination
of constitutionality by Supreme Court, 364;
chairman, drafting committee of Judiciary
Act, 1789, 403, 414; proposed investing ju-
diciary with political functions, 418; opin-
ion of, respecting inclusion of law of
crimes in common law, 441.
Embassies, to be sent and received by Con-
gress, 43. See also Ambassadors.
Endicott, John, director of "London's Plan-
tation in Massachusetts Bay in New Eng-
land," 81.
England. See Great Britain and Crown of
England.
English Common Law, indelible allegiance a
doctrine of, 90; relation of, to colonies,
90 et seq.; application of, to Jamaica, 92-3;
early colonists not familiar with, 98; doc-
trine of primogeniture under, 119-20; Con-
necticut Act of 1699 declared contrary to,
121; influence of, on nature of judicial
power in Constitution, 343.
English subjects, colonists declared by char-
ters to be, 90; discovery by, 92; bound
by acts of Parliament, 93.
Erstern, The, 224 note.
Executive, of States, 136, 138; differences of
opinion respecting, in Federal Convention,
195; a single executive, 195; term of office,
195-6; system of election of, 196-7; his
oath of office, 197; his powers, 197, 324;
relations of, with legislative department,
197, 200 et seq., power of, respecting
treaties, 197-9; vested with exercise of
political power, 376 et seq. See also Presi-
dent, Vice-President.
Executive Power, under Articles of Confed-
eration, 43 et seq., 160, 341; of New Eng-
land Company, 72; of Privy Council, 99;
provisions respecting, in charters, 132-3; in
State constitutions, 136, 138; in Constitu-
tion, 138, 342; in Randolph plan, 158-9,
161, 194-5, 199, 200, 250; Sir Henry Maine
on, 280; in Patterson plan, 178.
Experiment v. The Chester, 224 note.
Federal Convention, Rhode Island not rep-
resented in, 7, 147; question of large and
small States in, 41, 148, 151-3, 172 et seq.,
250, 255 et seq., 300; revision of Articles
of Confederation original purpose of, 47,
53, 57, 58, 130, 247; leadership of Madison
in, 48; replaced Articles of Confederation
by Constitution, 53, 147; recommended by
Annapolis Convention, 56-7, 146, 150,
166; recommended by Congress, 57-8, 146-
7; drafted Constitution, 84, 130; New York
State constitution a source of proposals
in, 136-7; differences of opinion in, re-
specting question of executive power, 138,
195; method of choosing judges consid-
ered by, 138; met at Philadelphia, 147-8;
organization of, 148-9; an international con-
ference, 129, 466; instructions to delegates,
150-3, 173; a conference of twelve States,
153; committee on rules and orders, 153-5;
international aspects of, 155-6; opening of
the Convention, 156; Randolph's fifteen res-
olutions, 158-60; change of purpose of,
160; other "plans," 163-4; question of
national" v. federal" government be-
fore, 164-5; summary of powers granted
to union by, 165-8; spirit of compromise
in, 172; duties of committees of, 254; con-
templated union of more than thirteen
States, 290; insisted on separation of politi-
cal and judicial powers, 418; text of let-
ter of, transmitting Constitution to Con-
gress, 570. See also Committees.
Federal Court of Appeals. See Court of
Appeals in Cases of Capture.
Federalist, The, classic exponent of the Con-
stitution, 164, 274-5, 362; Hamilton, Madi-
son and Jay, authors of, 164, 274; on in-
dependence of Vermont, 241; on lack of
judicial power under Confederation, 247-
8; on sovereign immunity from suit, 248-9;
on power of Supreme Court to declare
laws unconstitutional, 362, 363-4; on con-
current jurisdiction of State and Federal
Courts, 414-15.
Field, Mr. Justice, on terms "cases" and
controversies," 429-30; on immunity from
suit and extent to which it may be re-
nounced, 459-60.
Fleming, William, member court, Massachu-
setts-New York boundary dispute, 235.
Foreigners, cases affecting, in provisions of
Randolph plan, 159.
Foster v. Neilson, 376-8, 379, 379 note, 382.
Frame of Government, 1682 (Pennsylvania),
representative assembly under, 85 note.
Framework Knitters v. Green, Master and
Company of, 67.
France, alliance of American colonies with
Indians in case of war with, 11; treaty
of, with Great Britain at close of Seven
Years' War, 14, 24, 94, 292, 347; alliances
of, with United States, 34-5, 45; pre-
tensions of, to lands around Green Moun-
tains, 238; in command of Lake Cham-
plain, 238; desired union of American
States, 293; territory in Louisiana ceded
to, by Spain, 376-7; ceded territory
to United States by treaty of 1803,
377.
Franklin, Benjamin, Pennsylvania delegate,
Albany Congress, 11; indignities suffered
by, at hands of British, 18; views of, re-
specting conciliation with Great Britain,
18; member, drafting committee, Declara-
tion of Independence, 30, 30 note, 35; first
minister to France, 35; negotiated treaty
with France, 1778, 35; in favor of single
legislative house, 136, 172; president of
Pennsylvania, 148; considered in connec-
tion with presidency of Federal Conven-
tion, 149; personality in Federal Conven-
tion, 149; remarks on dispute respecting
equal suffrage in Senate, 182; member
compromise committee, Senate suffrage
controversy, 185; on conflicting interests in
Federal Convention, 333-4, 467; on use of
Vattel's work in Continental Congress,
439-40.
Franklin Plan, 1754, why rejected, 6, 14;
presented to, and adopted by Albany Con-
gress, 11; summary of, 11-14.
Franklin's Plan, 1775, laid before Contin-
ental Congress, 15-16; summary of, 16-
17; not adopted, 17; Dickinson's draft of
Articles of Confederation similar to, 18,
41-2.
Franklin, William Temple, proposed as sec-
retary, Federal Convention, 149; not
elected, 149-50.
French and Indian War, Washington in, 14;
expenses of New York in, 115; States
parties in, 213.
French Revolution, and influence of Rous-
seau, 31.
Frothingham, Richard, on Franklin's first
plan of union, 6; on principle underlying
New England Confederation, 9 note; on
representative assemblies, 83-6 notes.
Fuller, Mr. Chief Justice, on case involving
action of political departments of govern-
ment, 379 note; opinion of, in case in-
volving distinction between suits of a civil
nature and suits coming under law of
nations, 440 note.
Fundamental Orders of Connecticut, first
written constitution, 4; preamble to, 5;
provisions of, 5.
Garcia v. Lee, 379, 379 note.
General Assemblies, of East India Company,
70; of Virginia, 74, 75, 76; of Massachu-
setts, 80, 82-3; of Grenada, 94, 96, 247;
of Jamaica, 95; of Connecticut, 96; of
New York, 137.
George III, grievances suffered by colonies
at hands of, 30; proclamation of, respect-
ing General Assembly of Grenada, 94, 96,
Georgia, excluded from Albany plan of union,
11; not represented at First Continental
Congress, 23, 24; represented at Second
Continental Congress, 26; wars and treat-
ies of, with Indians, 49; appointed dele-
gates to Federal Convention, 57, 146; rep-
resentative assemblies in, 86 note; instruc-
tions to delegates, Federal Convention, 152;
vote divided on question of equal suf-
frage of States in Senate, 176, 176 note,
184; opposed to equality of States in Sen-
ate, 185; in favor of popular ratification
of Constitution, 305, 308; ratification of
Constitution by, 310, 571 note.
Georgia v. Stanton, 386-9.
Germans, customs of, depicted by Tacitus, 76.
German States, customs union in, 55.
Gerry, Elbridge, on representation of States
in two branches of legislature, 130; fa-
vored compromise, Senate suffrage contro-
versy, 184-5; chairman compromise commit-
tee, Senate suffrage controversy, 185;
urged establishment of prize jurisdiction
in Massachusetts, 216; proposed a bill of
rights to Constitution, 328; in favor of
separation of judicial and other powers,
314, 418, 419.
Gibbons v. Ogden, 59-60.
Gladstone, Wm. E., statement of, regard-
ing British and American constitutions,
64.
Gloucester, The, 224 note.
Goldsborough, Robert, member of court,
South Carolina-Georgia boundary dispute,
237.
Gordon v. United States, 356-60, 453.
Gorham, Nathaniel, on commercial motive
to union of Eastern States, 188, 189-90;
called attention of Federal Convention to
method of appointment of public officials
in Massachusetts, 199; in favor of appoint-
ment of Supreme Court judges by execu-
tive with consent of the Senate, 258; mem-
ber, Committee of Detail, 260; considered
special provision for settling suits between
States unnecessary, 269; in favor of sep-
aration of judicial and other powers, 418,
419.
Government, under Constitution, a govern-
ment of laws, 168; seat of, 168; a govern-
ment of limited powers, 168; per interim,
321; new government begun, 322; relation
of Court to, 369.
Governor, signature of, to statutes and bills
required by State constitutions, 136; mem-
ber of council for revision of bills to be
passed by legislature, 136-7; powers en-
trusted to by States, 197.
Governor and Company of the Massachu-
setts Bay in New England, creation of
by charter of 1628-9, 79, 80.
Governor and Company of Merchants of
London Trading to the East Indies. See
East India Company.
Gray, Mr. Justice, decision, case involving
action of political departments of the gov-
ernment, 379 note; on interpretation of
terms of Constitution in light of common
law, 444; decision indicating gravity of
offense against law of nations, 449; on
reason for exemption of State from suit,
454.
Great Britain, conquest of Canada by, 14,
23; efforts of colonies at reconciliation
with, 16, 18, 23, 27, 28, 29; regarded col-
onies from imperial standpoint, 22-3; proc-
lamation of rebellion issued by, 28; renun-
ciation by, of right to impose taxes on a
colony, 28; Treaty of Peace with United
States, 49, 60, 276, 277; Island of Granada
ceded to, by treaty of 1763 with France,
94; conflict of interests of, with those of
colonies, 99; western territory ceded to, by
France, 292.
"Green Mountain Boys," defeated Hessians
at battle of Bennington, 239.
Greene, Nathaniel, declined position as mem-
ber of court, Pennsylvania v. Connecticut,
232.
Grenada, legislative authority vested in gen-
eral assembly of, 94, 96; ceded to Great
Britain by France, 94, 347.
Grenville's Act, 1770, for trial of disputed
elections, 230.
Grier, Mr. Justice, on prize cases and power
of president under international law,
382-3.
Griffin, Cyrus, Judge, Court of Appeals in
Cases of Capture, 223; member of court,
Pennsylvania v. Connecticut, 232, 233.
Guizot, F., on assemblies, 76.
Habana, The Paquete, 449.
Hague Conference, Pacific Settlement Con-
vention of, 269, 468.
Hamilton, Alexander, on coercion of States,
55, 204, 205; delegate of New York to
Annapolis Convention, 56; proposed Major
Jackson for secretary of the Federal Con-
vention, 149-50; suggestion for a constitu-
tion by, 164, 527-8; secured ratification of
Constitution in New York, 164, 314-15;
and The Federalist, 164, 204, 205, 314-15,
362; on independence of Vermont, 241;
on defective judicial system under Con-
federation, 247-8; on immunity of sovereign
from suit, 248-9; member, Committee on
Style, 277 note; views of, respecting a
conditional ratification of the Constitu-
tion, 309; views of, on interpretation of
Constitution, 332; on power of judiciary
to declare laws unconstitutional, 363-4;
held judicial power to be concurrent,
414-15.
Hamilton, John, member Massachusetts-New
Hampshire boundary commission, 119 note.
Hancock, John, succeeded Randolph as presi-
dent of Second Continental Congress, 26,
216, 310; signed Declaration of Independ-
ence as president of Congress, 30, 310;
views of, respecting amendments to Con-
stitution, 310.
Hans v. Louisiana, 419.
Hanson, Alexander Contee, member of court,
South Carolina-Georgia dispute, 237.
Hardwicke, Lord. See Yorke, Sir Philip.
Harlan, Mr. Justice, on right of United
States to withhold moneys received by it
under a treaty, 432-3.
Harris, William, pretensions of, subject of
Holden & Green petition, 102-9.
Harrison, Benjamin, on influence of New
Englanders in Congress, 41.
Hayburn's Case, 352, 353, 365.
Haymilton, Otho, member, Massachusetts-
New Hampshire boundary, 119 note.
Heathfield v. Chilton, 448.
Henry, Patrick, opposed to Constitution, 312;
declined appointment to Federal Conven-
tion, 312.
Henry IV, project of, respecting establish-
ment of European diet, 9, 333.
Hessians, defeated at battle of Bennington,
239.
Hobart, Sir Henry, on by-laws of corpora-
tions, 67; drafted second Virginia char-
ter, 71; drafted third Virginia charter,
72.
Holden and Green, petition of, 101-9.
Holland, Treaty of, with United States, Oc-
tober 8, 1782, 49, 60.
Holland, Samuel, member of New York-
New Jersey boundary commission, 1767,
116.
Holmes, Mr. Justice, on source of immunity
of sovereign power from suit, 454-5.
Holmes v. Walton, 349, 363.
Holt, Chief Justice, on jurisdiction of a cor-
poration, 68; on rights of discovery and
conquest, 92.
Holton, S., agent, Massachusetts-New York
boundary dispute, 235.
Hooker (Richard), influence of doctrines
of, on Declaration of Independence, 35.
Hooker, Thomas, on spirit of Pilgrims, 3.
Hosmer, Titus, Judge, Court of Appeals in
Cases of Capture, 223.
House of Burgesses, Virginia, 23, 83, 84
note; colonial assemblies sometimes called,
132.
House of Representatives, represents people
of States according to population, 172;
great debate on, question of representa-
tion in, 173 et seq.; compromise respect-
ing proportional representation in, 156-7;
rule of suffrage for, 187; and presidential
election, 196; debate in, on Madison
amendments, 325. See also Legislative De-
partment.
Houston, William Churchill, member of
court, Pennsylvania v. Connecticut, 235,
236.
Hudson Bay Company, a joint-stock com-
pany, 68.
Hunter, governor of New York, 110; com-
missions issued by, respecting New York-
New Jersey boundary dispute, 110, 113.
Hutchinson, Thomas, on Virginia House of
Burgesses, 23; on original charter of Mass-
achusetts, 65; on representative institutions
in Massachusetts, 82-3; plan of, for treaty-
making with Indians, 198 note.
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