Impeachments, of national officers, Randolph
plan respecting, 159; cases of, withdrawn
from power of president, 197; trials of,
272-3.

Imposts, power of States to lay, renounced,

43; power of Congress to lay and col-
lect, 166.

Independence, a fundamental right, 22; ques-
tion of, forced upon Second Continental
Congress, 29; proclaimed, 30; regulated by
Articles of Confederation, 40; of colonies
recognized by treaties, 60, 148; colonies in-
dependent of one another before Revolu-
tion, 125; of States, 455. See also Dec-
laration of Independence.

India, Empire of, 70.

Indians, Six Nations of, Congress to treat
with, convoked by Great Britain, 11; pur-
chase from, of land called Indiana, 242.
Indians, not taxed, 42, 177-8; wars and treat-
ies of Georgia with, 49; right of, to pos-
session, 91: Jamaica conquered from, 92;
purchase of Rhode Island from, 102-4, 107;
voluntary submission of Narragansett In-
dians to British Government, 101; power
of Congress to regulate commerce with,
166; territories reserved to, 292 note.
Ingersoll, Jared, member, New York-New
Jersey boundary commission, 116.
Instructions to delegates, Federal Conven-
tion, 150-3, 173.

International Law, in Constitution, 167;

rights of presidents under, 382; the com-
mon law of nations, 439.
International "case," defined, 431.
Iredell, Mr. Justice, on sovereignty of the
States, 333; judge, North Carolina Circuit
Court, 351; on distinction between con-
troversies of a civil and criminal nature,
429, 431, 442.

Jackson, Andrew, refused third term as pres-
ident, 195-6.

Jackson, Major James, secretary of Federal
Convention, 150.

Jamaica, part of possession and revenue of
Great Britain, 92, 93; conquest in, 92-3;
general assembly of, 95; proclamation of
Charles II inviting settlers to, 95.
James I, granted first Virginia charter to
London and Plymouth Companies, 70;
charter of, less liberal than that of Eliza-
beth, 71; question respecting power of, to
administer justice, 345.

James, Vice Chancellor, decision of, suit of
United States against Confederate govern-
ment, 463.

Jameson, Professor, cited, respecting case of
The Active, 222, 223; on influence of

Court of Appeals, 225; on Grenville's Act
of 1770 and method of Confederation for
settling boundary disputes, 230-1.
Jamestown, first representative assembly in
America held at, 74.

Jay, John, on Articles of Confederation, 46-
7; clerk of commission to adjust New
York-New Jersey boundary dispute, 1767,
116; and The Federalist, 164, 205, 314, 362;
agent, Massachusetts-New York boundary
dispute, 235; advocated Constitution in New
York Convention, 315; Chief Justice, Cir-
cuit Court for District of New York, 350;
commissioner, cases of United States v.
Todd, 353; opinion respecting inclusion of
criminal law in common law, 441.
Jefferson, Thomas, drew up report rejecting
Lord North's conciliatory resolution, 28;
chairman drafting committee, Declaration
of Independence, 29; draft in writing of,
presented to Congress, 30, 33, 135; state-
ment of, respecting authorship of Declara-
tion of Independence, 30 note; influenced
by English liberal writers, 36, 36 note;
and French ideas and conceptions, 36, 36
note; views of, respecting Articles of Con-
federation, 47; on colonial laws of New
England, 97; on colonial laws, 98; re-
fused third term as president, 195.
Jekyll, Sir Joseph, on laws of conquest and
discovery, 93 note.

Jennings v. Carson, 225.

Johnson, Andrew, and Reconstruction Acts,
383-4.

Johnson, Thomas, member court, Massachu-
setts-New York boundary dispute, 235.
Johnson, William Samuel, Connecticut dele-
gate to Federal Convention, 152; on nec-
essity of maintaining State governments,
180; statement of, concerning different con-
ceptions of a State, 181; agent, case of
Pennsylvania v. Connecticut, 232; member
court, Massachusetts-New York boundary
dispute, 235; motion of, respecting exten-
sion of jurisdiction of Supreme Court,
263, 264, 265, 374; considered special pro-
vision for settling suits between States un-
necessary, 269; member Committee on
Style, 277 note.

Johnson, Mr. Justice, opinion, respecting
Cherokee Nation as a domestic State, 388;
on common-law jurisdiction in criminal
cases, 441-2; on applicability of common
law in cases covered by special legislative
act, 442.

Johnson v. McIntosh, 91, 421.
Joint-stock Companies, definition of, 68; ad-
vantages of, 69.

Jones v. United States, 379 note.

Jones, Joseph, member of court, Pennsylva-
nia-Connecticut boundary dispute, 232.
Journals of the Continental Congress, 17, 231,
232, 235, 236, 241.

Journal of Federal Convention, 155, 156, 162,
250, 251, 252.

Judicial commissions, temporary, provided
for, by ninth article of Confederation, 229,
341-2; nature of, 229; influence of Privy
Council on, 230; cases settled by, 231 et
seq.; significance of, 238; Congress refused
to appoint, controversy between New Jer-
sey and Virginia, 242-4.

Judicial power, under Confederation, 44, 45,
109, 119 note, 126, 160, 210 et seq., 229 et
seq., 247-9, 268-9, 341-2, 455-7; determina-
tion of constitutionality by, 65, 101, 121,
349, 374; extension of, to territorial dis-
putes, 102, 108, 119 note, 125; in colonies,
132-3; under State constitutions, 133, 136,
138-9; provisions for, Randolph plan, 159,
250 et seq.; provision for, Patterson plan,
177, 250; necessity for a common judiciary,
247; vested in Supreme Court, 252 et seq.,
374 et seq.; extended to international ques-
tions, 268 et seq., 378; of States, bound
by the Constitution, 303; nature of, 341-70;
extent of, defined by Congress, 342; in
whom vested, 342, 398; defined by Court
itself, 343; influence of English common
law on nature of, 343; English cases on,
344-9; an American case, 349; distinction
between judicial and other powers, 350 et
seq.; finality of decision essential to, 360,
400; only power possessed by court, 374,
375; contrasted with political powers, 376
et seq.; extent and exercise of, 398-404;
of Federal and State courts concurrent,
413-14; political power may become ju-
dicial, 420-4; extends to cases only, 427-
434; relation of, to law and equity, ad-
miralty, martime and international law,
438 et seq.; of United States over States,
453.

Judiciary Act, 1789, 350, 402-4, 414, 416. 429.
Jurisdiction, appellate, of Congress under
Confederation, 44; admiralty, 213, 218, 220
et seq.; defined, 400; determination of, 401-
2; maritime, 447-9. See also Supreme
Court, Jurisdiction of.

Kentucky, creation and admission of State
of, 290.

Kepner v. United States, 331, 442-3.
Kilbourn v. Thompson, 342-3.
King. See Crown of England.
King in Council, appeal to, 100 et seq., 213,
348, 420; legislative power of, 200; New
Hampshire dismembered by, 238.
King's Bench, decisions of, 94, 346-7, 347-8.
King v. McLean Asylum, 431.

King of Spain v. Machado, 422.
King's Province. See Rhode Island.
King, Rufus, on procedure in Federal Con-
vention, 154; on representation of New
Hampshire in Federal Convention, 175;
motion of, respecting Randolph and Pat-
terson plans, 179; agent, Massachusetts-
New York boundary dispute, 235; opposed
to limitation of judicial power of United
States, 252; member, Committee on Style,
277 note.

Koonce v. Doolittle, 400.

Kwananakoa v. Polyblank, 454-5.
Kyd, Stewart, on corporations, 66-8.

La Abra Silver Mining Company v. United
States, 431-3.

Land and Trading Company, grant by Coun-
cil of New England to, 79.

Land tax, provision respecting, in Articles of
Confederation, 42.

Lane County v. the State of Oregon, 370.
Langdon, John, on spirit of concession neces-

sary for establishment of Constitution, 172.
Law and Equity, definition of, 438; how un-
derstood by framers of Constitution, 440-1.
Law of Nations, in the Constitution, 167;
power of Congress to punish offences,
against, 167, 211; recognized letters of
marque and reprisal, 167; recognizes cap-
tures on land and water, 167; rights of
presidents under, 382; relation of, to com-
mon law, 439, 448-9.

Law, Richard, commissioner, case of United
States v. Todd, 353.

Lechmere. See Winthrop v. Lechmere.
Lee, Arthur, negotiated treaty with France,
February 26, 1778, 35.

Lee, Richard Henry, motion of, in Congress

for a declaration of independence, 29-30,
34, 40, 135, 217; views of, respecting Jef-
ferson's draft of the Declaration of Inde-
pendence, 30 note.
Legislative Department, two branches of, 25,
76, 158, 172-3; provisions for, Randolph
plan, 158-9, 161, 172 et seq., 190, 250-1;
provisions for, Patterson plan, 177-8; com-
promises respecting, in Federal Conven-
tion, 172, 187 et seq.; questions of repre-

sentation in, 172, 173 et seq.; equality of
States in, 175-7; Connecticut proposal con-
cerning, 179; diversity of views respecting,
181 et seq.; victory of the smaller States
in the matter of the, 185; southern States
and two-thirds vote of, 188; legislative
branch a check upon executive in matter
of treaties, 198-200; a check upon the
legislature, 200 et seq.; impeachment of of-
ficers of the United States removed from
judicial to, 272; vested with execise of
political power, 376 et seq.
Legislative Powers, prescribed by May-
flower compact, 5; of Confederation, 43 et
seq., 137, 160, 173, 181, 341; of East India
Company, 70; not granted by first Virginia
charter. 71; of London Company, 72; of
colonies, 84 note, 85 note, 86 note, 132-3;
of Privy Council, 99; under State consti-
tutions, 136-7; grant of, under Constitu.
tion, 137, 190-1, 280, 342, 467.
Leverett, Governor of Massachusetts, 105,
106.

Lexington, battle of, 26, 28, 129.

Lincoln, Abraham, blockade of southern
ports by, 382-3.

Livingston, Phillip, member, Massachusetts-

New Hampshire boundary commission,
119 note.

Livingston, Robert R., member, drafting
committee, Declaration of Independence,
30; remarks, case of Pennsylvania v. Con-
necticut, 234; agent, Massachusetts-New
York boundary dispute, 235; advocated
Constitution in New York Convention, 315.
Livingston, Walter, agent, Massachusetts-
New York boundary dispute, 235.
Locke, doctrines of, in Declaration of Inde-
pendence, 30 note, 35, 36 note; Thomas
Jefferson a student of, 36 note.
London Company, southern portion of North

American coast assigned to in 1606, 71, 77;
provisions of charter of 1609 to, 71-2, 77;
summary of third charter of 1612 to, 72-4;
commission of, convoking representative
assembly at Jamestown, 64; powers of, re-
sumed by Crown in 1624, 76; separated
from Plymouth Company under charter of
1609, 77.

London's Plantation in Massachusetts Bay in

New England, title of local government
established at Salem by Massachusetts
charter, 1628-9, 81.

Lords Commissioners of Trade and Planta-
tions, opinion rendered to, respecting Eng-
lish common law in relation to colonies,
96, 97; foundation and purpose of, 99, 100,
109; appeals from colonial courts to, 100;

decree of, respecting Atherton purchase,
103; disallowed New Jersey Act of 1748,
111, 114-15, 117; case of Penn v. Lord
Baltimore referred to, 123.

Lords of Appeal. See Appeal, Lords of.
Lottawanna, The, 477 note.

Lowell, John, agent, Massachusetts-New
York boundary dispute, 235.
Luke v. Hulbert, 224 note.
Lurton, Mr. Justice, on constitutional equal-
ity of States, 294.

Luther v. Borden, 303 note, 379 note, 380-2,
392.

Madison, James, urged a Federal Constitu-
tion, 47, 48; summary of weaknesses of
Articles of Confederation by, 47-53; char-
acter of, 48; leadership of, in Federal Con-
vention, 48; views of, respecting public
offices, 53; and authorship of Virginia
Plan, 53, 195, 200, 203, 250, 279; on situa-
tion of States in matters of commerce, 55;
part of, in convocation of Annapolis Con-
vention, 56, 145; Virginia delegate to An-
napolis Convention, 56: reporter of the
Federal Convention, 147; "father of the
Constitution," 147, 237, 335; on terms "na-
tional” and “federal,” 161-4, 203; and The
Federalist, 164, 205, 314, 362; on coercion
of States, 165, 203-4, 206-7, 257, 279, 280,
281; opposed to equal suffrage of States
in national legislature, 173-4, 177; on sit-
uation of larger States respecting Senate
suffrage compromise, 186-7; statement of,
respecting president as agent in treaties,
198 note; in favor of a check upon the
legislature, 200-1; in favor of granting
Congress power to negative State legis-
lation, 202; member of court, South Caro-
lina-Georgia boundary dispute, 237; op-
posed to limitation of judicial power of
the United States, 252-3; favored estab-
lishment of inferior tribunals by national
legislature, 253; views of, respecting nomi-
nation and appointment of Supreme Court
judges, 255, 258; on jurisdiction of national
judiciary, 259, 264, 265; motion of, re-
specting expression "judicial power," 268;
in favor of giving paramount effect to
treaties, 276-7; member, Committee on
Style, 278 note; in favor of equality of
Western States, 291, 294; views of, re-
specting the system of double Constitu-
tions, 302; in favor of popular ratification
of Constitution, 305-6, 307; opposed to
conditional ratification of the Constitution,
309; proposed amendments to Constitution,
310, 323 et seq.; advocate of Constitution

in Virginia Convention, 313; in favor of
incorporating amendments into text of
Constitution, 327; on method of electing
president, 329; on amendments to Consti-
tution, 329-30; on interpretation of Con-
stitution by State Conventions, 331-2; let-
ter to Hayne, on Constitution, 335-7; on
necessity for a Supreme Court, 358; views
of, respecting exercise of power by courts,
374; proposed investing national judiciary
with political functions, 418.
Maine, Sir Henry Sumner, on French in-
fluence on American political philosophy,
35-6; on the Supreme Court, 280.
Mansfield, Lord, on legislative power of
King, 94, 95, 96, 99, 347; on by-laws, 347;
on international and common law, 448.
Marbury v. Madison, 361, 366-8, 384, 427.
Maritime Jurisdiction, judicial power of the
United States extended to cases of, 212,
447, 449.

Marshall, Chief Justice, on Articles of Con-
federation, 47; on sovereignty of States,
59-60; on rights of discovery, 91; case of
The Active tried before, 222; on division
of sovereign powers, 334, 369; on duties
of judicial department, 361, 370; on de-
termination of constitutionality by judic-
iary, 364; on act of Congress enlarging
original jurisdiction of Supreme Court,
366-8; on the judiciary and international
relations, 377-8; on the judicial nature of
a treaty as a contract, 378; opinion of,
respecting the appellate jurisdiction of the
United States and the liability of States,
409-12; on cases arising in law and equity,
412, 438; on concurrent powers of Fed-
eral and State Courts, 416;
66 case" de-

fined by, 427-8; on state as a corporator
not exempt from suit, 464-5.
Martin, Luther, in favor of equal suffrage
of States, 176; member compromise com-
mittee, Senate suffrage controversy, 185;
motion of, respecting supremacy of laws
of union, 275-6; opinion of, respecting
amendments to Constitution, 300, 301; in
favor of separation of judicial and politi-
cal powers, 418.

Martin v. Hunter, 405-9, 410, 453.
Maryland, represented at Albany Congress,
11; governed under a charter to a pro-
prietor, 22; last state to ratify Articles
of Confederation, 40, 231, 293; compact
of, with Virginia an encroachment on
Federal authority, 49; laws of, favoring
own citizens, 49; part of, in Annapolis
Convention, 55, 56, 145; representative as-
semblies in, 84 note; grant of, to second

Lord Baltimore, 121; charter of, 121, 121
note, 122-3; boundary dispute, 121-5; col-
onial governor and courts of, appointed by
proprietor, 138; appointed delegates to
Federal Convention, 147; instructions to
delegates, 153; in favor of equal repre-
sentation of States in Senate, 184, 185;
constitution of, 196, 307; views of, re-
specting independence of Rhode Island,
241; contention of, respecting northwest-
ern territory, 291-2, 292 note; vote of, on
question of popular ratification of Con-
stitution, 305, 308; ratification of Consti-
tution by, 311, 571 note; unconstitutional
law of, taxing agent of government, 368-
9; ratification of first ten amendments by,
572 note.

Mason, George, Virginia delegate to An-
napolis Convention, 56; drafted Virginia
Bill of Rights, 135; on procedure in Fed-
eral Convention, 154; views of, respecting
coercion of States, 164-5, 203, 205-6; mem-
ber compromise committee, Senate suffrage
dispute, 185; opposed to recognition of
slavery in Constitution, 189; favored crea-
tion of inferior tribunals, 259; in favor
of equality of Western States, 291, 294;
in favor of popular ratification of Con-
stitution, 305-6, 307; opposed Constitution
in Virginia Convention, 313; proposed bill
of rights to Constitution, 328.
Massachusetts, separatists from, founded
Connecticut, 4; General Court and Assembly
of, 4, 78, 82-3, 132; member of New Eng-
land Confederation, 6; jurisdiction of, not
recognized by Rhode Island, 7; delegates
from, to Albany Congress, 11; delegates
from, to First Continental Congress, 23;
resolution of House of Representative of,
respecting a Continental Congress, 23;
troops raised by, without consent of Con-
federation, 49; government developed by,
model for northern colonies, 64; charters
of, 65, 79-82, 83-4, 84 note, 131, 132; com-
pared with Virginia, 78, 83; Governor and
Company of the Mattachusetts Bay in
Newe England, 79, 80, 81; representative
assemblies in, 82-3, 84 note; judiciary
under constitution of, 138-9; Bill of Rights
of, 140; appointed delegates to Federal
Convention, 147; instructions to delegates,
152; vote of, on question of equal suf-
frage of States in Senate, 184; opposed
to taxing exports, 188; practice of, re-
specting appointment of public officials,
199; first prize court established in, 216;
Provincial Congress of, 216; selection of
judges by executive with consent of leg-

islative in, 258; recognized independent
statehood of Vermont, 241; claim of, to
western New York, 292 note; claim of,
to northwest territory, 292; in favor of
popular ratification of Constitution, 305,
308; ratification of Constitution by, 310,
571 note; amendments to Constitution pro-
posed by, 330; unconstitutional act of Con-
gress taxing an agent of, 369.
Massachusetts v. New York, 118 note, 234-
6, 237.

Matthews, Mr. Justice, on a government of
laws, 140; on interpretation of terms of
common law, 443-4; on immunity of States
from suit, 459.
Mayflower, The, 3.

Mayflower Compact, entered into by Pil-
grims, 3; legislative power prescribed by,
5; set forth American conception of State
as agent of the people, 9.

Melville, General, governor of Grenada, 94,
96.

Mexico, Treaty of February 22, 1819, with
United States, 430.

Militia, State, power of Congress over,
167-8.

Miller, Mr. Justice, on three-fold division

of government, 342-3; judicial power de-
fined by, 343; on United States as claim-
ant and actor in court, 461.
Minor v. Happersett, 303 note, 444.
Mississippi v. Johnson, 383-4, 386.
Money, power to borrow, and emit bills

given to Congress, 43, 166; power to coin
and regulate value of, 166.

Monroe, James, on results of the Declaration
of Independence, 33; member court, Mass-
achusetts-New York boundary dispute,

235.

Montesquieu, three-fold division of govern-
ment, a principle borrowed from, 250, 341,
342.

Moore v. United States, 444.

Moot Cases, judicial power of Constitution
does not extend to, 434.

Morey, on Virginia charter of 1606, 70;
on colonial constitution of Virginia, 76.
Morgan, George, agent, New Jersey-Virginia
dispute, 242, 243, 244; petition of, to Con-
gress, 243-4.

Morley, Lord, on influence of French politi-
cal philosophy, 36.

Morris, Charles, member, New York-New
Jersey boundary commission, 116.
Morris, Gouverneur, opposed to equal suf-
frage of States, 148, 173; views of, re-
specting tenure of judges, 263; motion of,
respecting extension of jurisdiction of Su-

preme Court, 264; doubts of, respecting
appellate jurisdiction of Supreme Court,
273; in favor of giving paramount effect
to treaties, 277; member, Committee on
Style, 277 note; opposed to equality of
Western States, 291, 293, 294; in favor
of equal suffrage of States in Senate, 300;
question of, respecting extent of judicial
power to matters of fact as well as civil
law, 447.

Morris, Robert, opposed to equal vote of
small States, 148; proposed George Wash-
ington as President of Federal Conven-
tion, 148-9.

Morse, Mr. Justice, on judicial power and
moot cases, 434.

Munday v. Vail, 400.

Murray v. Hoboken, 432.

Muskrat v. United States, 433.

Nabob of the Carnatic v. The East India
Company, 379 note, 386.

Nathan v. Commonwealth of Virginia, 58-9,
455.

Nations, and the question of coercion, 282;
immunity of, from suits, 452, 454; a court
of the, 468. See also Law of Nations,
Society of Nations.

Naturalization, Rule of, power vested by
Constitution in Congress to establish, 166;
provisions for, Patterson plan, 178.
Navigation Acts, 26.

Navigation, laws of, repealed by Parliament
in 1849, 28; state of, under Confederation,
145; demands of, considered by Annapolis
Convention, 145-6; position of certain
States in respect to, 188-9; recommenda-
tions of committee concerning acts of,
Federal Convention, 188; two-thirds re-
quirement inserted in report, 188; com-
promise respecting, in Federal Convention,
189-90.

Navy, power of Congress to build and equip,
43, 167; president commander-in-chief of,
167, 197; not to be kept by States in time
of peace, 210, 212.
Nelson, Mr. Justice, on division of sov-
ereign powers, 335; held that States can-
not tax agency of the government, 369;
on court's relation to the government and
to the States, 369-70; opinion of, invol-
ving distinction between political and ju-
dicial powers, 386-9.

Neilson, Thomas, member of court, Pennsyl-
vania v. Connecticut, 232.

New England, unpopularity of, 41; first
charter, 1606, 70-1, 77; second charter,
1620, 77-9; third charter, 1628-9, 79-82;