of capital carried off by emigrants,
96.
Enacted or written constitutions, 270.
England, her service in the cause of
freedom, 19 and sequ. Early sepa-
ration of Justice from Administra-
tion, 20, note. Her liberty founda-
tion of ours, 20, 21. Many fortunate
circumstances in her history, 50
and note; becomes the model of
liberty for the continent, 51.
English, a peculiarly jural nation,
457.

Enlightened absolutism not the best
government, 26.

Enthusiasm no basis of liberty, 303.
Epistolary communism, 90 and sequ.
Equality and Code Napoleon, the es-
sence of political civilization, 19;
confounded with liberty, 30. More
equality in Asia than in the United
States, 30 and note; French seek
for liberty in it, 285, 286 and sequ;
difficult to see what French mean
by it, 289.

Erskine, Lord, opinion on trial by
jury, 236.

Ethics of the Advocate, 244 and sequ.
Everett, Edward, opinion on import-
ance of parliamentary law and pro-
cedure, 193; on French in Canada,
and inability of the French to esta-
blish governments in foreign parts,
335.

Every man's house is his castle, 61
and sequ.
How it developed itself,
Possessing still full vitality,

63.

ibid.
Executive, must have a warrant for
what it does, 164.

Ex post facto elections. See Impera-
torial Sovereignty and 419.

Ex post facto laws, 109.

Ferrers, George, member of parlia-
ment, released from arrest in 1543,
p. 185.

Fête of the Eagles, 279.
Feudal system, 49.

Feuerbach, Manual of the Common
German Penal Law, 242, note.
Fijians take more powder to kill a
large man, 461.

Forchhammer on the Cyclopian walls,
360, note.

Foster, Discourse of Homicide, 112,

note.

Fox, Charles, Bill on Libel, 239,

note.

Framers of American Constitution,
their character, 266.

Francis, Chronicles and Characters of
the Stock Exchange, 151.
Franklin, Dr., in favor of one house
of legislature, 198.

Frederic II., concerning petitions,
126; why should many submit to
one? 377.

Free Press, first in Netherlands, 89.
Constitution of United States dis-
tinctly establishes freedom of the
press, 90. Prohibited by republi-
can government, 94.
Freedom, Etymology and distinction
from liberty, 37 and sequ, note.
Freedom of Action, desired by all
men, 25; even by despots, ibid.
Freemen, subjects and slaves, 26.
French Constitution of 1793, p. 536;
of 1851, p. 581.
French Charters, of Louis XVIII. and
of the year 1830, p. 550 and sequ.
French interference, 256.
French, mistake source of power for
foundation of freedom, 200 and

sequ.

French idea of liberty and the height
of civilization, 162, note.

French Senate, report of, on petitions
to change the republic into an em-
pire, 594.

French Republic of 1848, Constitu-
tion of, 560.

French republicanism strives chiefly
for equality, 19.

tory Courts, 234, note.

Fashion, though unanimous, not vox
populi vox Dei, 409.
Federalism, characterizes American
liberty, 264. French hatred of it,
293, note.

381, note.

GALLICAN Liberty, 283 and sequ.
Court of cassation, ibid. French
senate, 285. Sought in equality,
ibid. French seek for self-govern-

HABEAS CORPUS, 66; act, Charles

II., ibid; Constitution of United
States prohibits its suspension, 67;
allows it under certain circumstan-
ces, ibid; habeas corpus act, in
full, 489 and sequ.

Hale, Ch. Justice, on misstating au-
thorities, 248.

Hallam, on unanimity of juries, 240.
Haller, restoration of political sci-
ence, 356, note.

Hamilton, W. Gerard, parliamentary
logic, 195.

Hamilton, Sir William, on origin of
vox populi vox Dei, 407, note.
Hammersly, Thomas, banker through
whom George IV. and his brothers
borrowed Dutch money, 107, note.
Hampden, 148. Memorials of John
Hampden, by Lord Nugent, 149.
Harris, Oceana, considered mere ve-
toing power in the people, chief
protection of liberty, 366.

Helots and Spartans, 26.

Henry VIII., even he pays outward
respect to law, 20, note.

Hesiod, quoted by Sir Wm. Hamil-
ton as to origin of vox populi vox
Dei, 407, note.

High treason, 81 and sequ. Well-
guarded trial for high treason, ne-
cessary for liberty, ibid and sequ.
Common protection of criminals,
withdrawn from it, 82; Constitu-
tion of United States on it, ibid;
course of its development, 83.
Law of high treason a gage of
liberty, 85; necessary safeguards
of a fair trial for high treason, 85.
The senate does not try for it, 87.
Neapolitan trials for treason, ibid.
Hildreth, theory of politics, etc., 217,

note.

Holt. Lord, doctrine of bailments,
216.

Hortensius, Hist. View of Office and
Duties of Advocate, 244, note.
House, one, of legislature, 197; tried
in United States, 198.
Houses, two, of legislatures, 197.
Howard obtains support of prisoners
by government, in 1774, p. 222.
Huc, missionary, 126.
Hungary, disjunctive constitution of,
344.

IMPEACHMENT, American, 87; is
a political institution, not a penal,
ibid. See High Treason.
Imperatorial sovereignty, 381 and
sequ. Roman emperors claimed
their power by transfer of popular
sovereignty, ibid. Return of the
French to the idea, 383. Early
Asiatics, have the same idea, 385.
Peuple-roi, 388. Emperor, centre
of democracy, 391. Election, by
universal suffrage of emperors.
futile, 392. Cæsar always exists
before imperatorial government,
393. Recommends itself by sub-
stituting democratic equality for
oligarchy, 394.

Impressment of seamen, 68.
Indemnity, acts of, in England. 114
and sequ.
Not known in United
States, note to 114.
Independence of the judiciary, what
it consists in, 206 and sequ. See
Independence of Law; of the Advo-
See Advocate; of the law,

cate.

208. What it consists in, ibid.
Common law, necessary for it, 208
and sequ.

Independence, Declaration of, of the
United States, in full, 505 and sequ.
Individual character and its elements,
50.

Individual property, its fullest pro-
tection an element of liberty, 103.
Individual sovereignty, 290; declared
by Lamartine, 303.
Individualism, 104, note.
Initiative, in legislation, 186.
Inorganic power of the people not
liberty, 374.

Inquisitorial trial, 221 and sequ; pa-
per on it, 457. Influence of the
inquiring judge, ibid and sequ;
prisoner urged to confess, 458; no
cross-examination, ibid; no regular
indictment, ibid; character of court
and police, mingle, ibid; cautious
defence, 459; admits of half proofs,
ibid; illogical character of half
proofs, 460. Compurgators in Ripu-
arian laws, ibid. Koran, ibid.
Legal truths, 462. Torture, exist-

ed very late, 463, note.
Institute and institution, 309.
Institution, 301 and sequ. Definition
of, 304 and sequ. Grown and en-
acted institutions, 307; definition
by Dr. Arnold, 308; insures per-
petuity, 310; must be independ-
ent, 311; alone can prevent the
growth of too much power; Greeks
had no word for it, 311. Romans
reared many institutions, 313. Old
usages called institutions, 314. Ne-
cessary attributes of an institution,
315; the opposite to subjectiveness,
ibid. Dangers, 316; tenancy, 317.
Institutional nations, 318; govern-
ments, ibid. Gives strength to er-
ror, 219; effete and hollow ones,
322; deciduous institutions, 323.
Institutional self-government, 323.
Anglican view of it, 324; its re-
quirements, 325; its uses and effi-
ciency with reference to liberty,
329. Obedience with reference to
institution, 332; its tenacity, 334
and sequ; its formative power,
335; its assimilative and transmis-
sible character, 336 and sequ. Why
did the Netherlands not plant colo-
nies which have become indepen-
dencies? 337, note; its assimilative

character forcibly shown in the
United States, 338. Stability, 339.
Its dangers, 343. On conflicts, 346.
Institutions bad from beginning,
348; they protect against court
profligacy, 357; it prevents na-
tional energy from being directed
exclusively to external increase,
358. Insecurity of uninstitutional
governments, 370 and sequ. In-
stitutions, they survive England's
revolutionary absolutism, 370; de-
mocratic inorganic masses hostile
to it, and in favor of monarchy, 375.
Institutional liberty, 304 and sequ.
Institutors, the greatest rulers are,
320.

Institutum, does not exactly corres-
pond to our word institution, 311,

note.

Interference, French, by government,
256.
Interpretation, unavoidable, 208. Pa-
pal power against it, 209; civil law
against it, ibid. Locke against it,
210. Bavarian code, 211.

JAMES II. subverting constitution
apparently in favor of liberty, 395.
Jefferson, Manual of Parliamentary
Practice, 195.

Jeffreys, Lord, even he for allowing
counsel to prisoners, 243.
Johnson, Dr. Samuel, corn-laws, etc.,

195.

Judge-made law, 214.
Judiciary, independence of. See In-
dependence of Judiciary.
Jugements administratifs, in France,
220.

Julius Cæsar, 383.
Junkerthum, appellation of a Ger-
man party, 121.
Justice of the peace, French, 284.
Justice of the peace, English, 326.

KEEPER of the seals. See Chancel-
lor, Lord, of England.
King, Rufus, in connection with Ame-
rican free river navigation, 273.
King's Notes of the Voyage of the
Morrison, 113.

King's Bench, its power, 366.
Kingless polity, not necessarily a re-
public, 363.
Kingly commonwealth, name given by
Dr. Arnold to English polity, 361.

LAMARTINE, in favor of one house
of legis., 199; speaks of division of
sovereignty in two parts, 200,
note; changed his opinion in 1850,
p. 200; his circular in 1848, p.
303; his opinion on unicameral
system, see this; on patience in
politics, 360.

Latinism and Teutonism, 297.
Law, peculiar meaning of the term in
England, 28 and note; above crown,
ibid, 206; supremacy of, 108 and
sequ, 278.

Layard, Nineveh, 345, note.

Legaré, Hugh, on Civil Law, 215,

note.

Legislative corps, French, decree di-
recting its intercourse with the ex-
ecutive, etc., 588.

Lemoisne, Wellington from a French
point of view, 330, note.
Lesbian Canon, used by Aristotle to
explain what psephisma ought to
be, 360, note.

Letters, sacredness of, not acknow-
ledged in France, 91 and sequ.
Case of Mr. Coëtlogon, 93; opened
by French police and judgment
given by French courts on it, 165,

note.

Lettre de cachet, 67.

Liberians, traditionally institutional,
335.

Libertas, meaning abolition of royal-
ty, 28; of the Romans, 43.
Liberty, may exist without Republi-
canism, 261; civil liberty, proved
by contraries, 275 and sequ; ad-
mired by many in the abstract,
disrelished in reality, 290; election
of the chief does not establish it,
291; can it be engaged by the An- |
glican race alone, 295; how are
people prepared for it, 296; insti-
tutional, 304 and sequ; supported
and promoted by institutions, 329;
saying of Napoleon III., that liber-
ty never aided in founding a dura-
ble edifice, 341. It cannot develop
itself out of despotism, ibid
Li-
berty is not a mere negation of
power, 366; wealth made compatible
with liberty, 368; inorganic power
of the people not liberty, 374.
Liberties, confirmation of, 476 and
sequ.

Lieber, Popular Essays on Subjects of

Penal Law, etc., 74; letter to W. C.

Preston, on international copyright,
94, note; essays on Labor and Pro-
perty, 103, note, 390; Principles of
Interpretation and Construction in
Law and Politics, 208, note; Ency-
clopædia Americana, 216, 574;
Character of the Gentleman, 248;
on Independence of Justice and
Freedom of Law, (in German,) 207,
note; Legal Hermeneutics, etc., 209.
Liverpool, Lord, considers Cabinet
ministers responsible to parliament
and public, 164, note.
Locke, for the division of power, 155;

against interpretation of law by
courts, 210 and sequ; against una-
nimity of juries, 242.
Locomotion, right of, 89 and sequ, 95
and sequ.

London, police of, 301; though
larger than Paris, does not lead
England, 400.

Longevity of modern states, 369.
Lynch law, 84.

MACAULAY, Lord, opinion on want
of written guarantees when Charles
II. was restored, 334.
Machiavelli, on new governments,
364, note.

Madaiai Family, 100.

Magna Charta, of King John, in full,

467 and sequ; of Henry III., etc.,
in full, 476 and sequ.
Majority, rule of, mistaken for self-
government, 286.

Malta, Knights of, election of the
master, 181.
Mandarinism, 169, note.
Mansfield, Lord, on warrants, 64; let-
ter to a Scottish judge, on altera-
tions to be made by courts, 218,
note; on the case of Rev. Dr.
Dodd, 443, note; he calls Socrates
the greatest of lawyers, 245.
Marcus Aurelius, letter from Fronte
to him, 381, note.
Market democracy, irreconcilable with
liberty, 170.
Mars, Mademoiselle, her saying, 413.
Marshall, Ch. Justice, on treason, 83.
Martial law, Executive must not

have the sole power of declaring it,
110. In England, by act of parlia-
ment, ibid. Under what circum-
stances the Const. of U. S., permits
suspension of habeas corpus, q. v.

Massaniello, sepulchral inscription, |

384, note.

Merchants,

London, their spirit
towards Napoleon III.
Michel, advocate, 388.

Michigan, abolishes, in 1859, grand
jury, 261.

Migration of nations, modern, peace-
ful, 21.

Milton, against censorship, 94.
Minority, protected, important to li-
berty, 31; its protection a neces-
sary element of liberty, 152; to be
represented by mode of voting,
179; to be represented by a mode
of election, 180.

Ministers, responsible. See Respon-

sible ministers, 163 and sequ; of the
crown, had a seat in both houses,
even if not members, under the
two charters, 186.

Miot, Count, memoirs, account of Na-
poleon's attempt to abolish jury,

258, note.

Miot, Count, with reference to sena-
tus consultum, 321, note.

Mirmont, de la Ville de, observations

on pardoning for good conduct,
454, note.

Mittelberger, Gottlieb, seven weeks
chiefly on the Rhine, from Swabia
to Rotterdam, 272, note.
Mittermaier, opinion on importance
of penal trial, 71; on independence
of advocates, 243, note.
Mobs, 414 and sequ.
Mohl, Robert von, History and Litera-
ture of Political Sciences, 357, note.
Montaign, executed by commissioners,
109, note.
Montalembert, Count, his trial in
1858, p. 86; prosecution against
him, why, 201.
Montesquieu, definition of liberty,
33; English liberty his model, 51:
on penal trial, 71; on division of
power, 155; on despotic power,

157.

Moral reduplication, case of, 316.
Mormonism, no republic, 292; Mor-
mons, 101 and sequ.
Morny, A. de, letter of, to the pre-
fects, concerning the character of
French imperial government, 611.
Morpeth, Lord, Earl Carlisle, 125,

note.

Müffling, Baron, Campaign of 1813

and 1814, edited by Col. P. Yorke,
333.

Mutual toleration, necessarily con-
nected with liberty, 56.
Mutiny bill, England, keeps army
under control of parliament, 117.

NAPOLEON I., on the French love of
equality, 287; his devise: "every-
thing for the people, nothing by the
people," 254; attempts to abolish
jury, 258; government the repre-
sentative of the people," 381, note.
Napoleon III., his testimony in favor
of English personal liberty, 67;
when in exile, wrote against pass-
ports, 98, note; prohibits sale of
printing presses and types, 277;
declares the history of nations the
history of their armies, 279; con-
gratulates France that it enjoys in-
digenous institutions, 297; saying
regarding liberty being incapable
of founding durable edifices, 341;
"in crowning me, France crowns
herself," 362, note; speech on
opening the Louvre, on representa-
tive character of great public build-
ings, 397; declared the savior of
civilization, 404.

National and city states, 367 and
sequ.

National guards, 294.

National independence an element of
liberty, 58 and sequ.
National representation necessary for
liberty, 172.

National states, 171 and note.
Nationalization, 49.
National courts, 109.
Navy, not dangerous to liberty, 117.
Netherlands, ruined by disjunction,

173.

Netherlands, why did they not plant
independent empires, 337, note.
Niebuhr, B. G., Administration of
Great Britain, by Baron von Vincke,
edited by, 326, note.

Nobility, its absence in America, when
the revolution broke out, prevented
civil war, 262; none in England,
in point of law, 355.
Nomos and psephisma, 360, note.
Nugent, Lord, opinion on the right of
granting supplies, 149.

OBEDIENCE, in connection with in-
stitution, 332.