speaking of the honorable susceptibilities of the electors, the whole public treasury would not be sufficient for such a purpose. You will remember to what the result of the efforts of the government was reduced on the 10th December, 1848, in favor of the candidate to the presidency who was then in power. With universal suffrage there is but one powerful spring, which no human hand can restrain or turn from the current in which it is directed, and that is public opinion; that imperceptible and indefinable sentiment which abandons or accompanies governments, without their being able to account for it, but which is rarely wrong in doing so; nothing escapes it, nothing is indifferent to it; it appreciates not only acts, but divines tendencies; it forgets nothing, it pardons nothing, because it has, and can have, but one moving power-the self-interest of each; it is alive to all, from the great policy which emanates from the chief of the state to the most trivial proceedings of the local authorities, and the political opinion of a department depends more than is generally believed on the spirit and conduct of its administration. For a long time past the local administrations have been subordinate to parliamentary exigencies; they occupied themselves more in pleasing some influential men in Paris than in satisfying the legitimate interests of the communes and the people. These days are happily, it may be said, at an end. Make all functionaries thoroughly understand that they must carefully occupy themselves with the interests of all, and that he who must be treated with the greatest zeal and kindness is the humblest and the weakest. The best of policies is that of kindness to persons, and facility for interests and that functionaries shall not suppose themselves created for purposes of objection, embarrassment, and delay, when they are so for the sake of dispatch and regularity. If I attach so much importance to these details, it is because I have remarked that inferior agents often believe that they increase their importance by difficulties and embarrassments. They do not know what maledictions and unpopularity they bring down on the central government. This administrative spirit must be inflexibly modified; that depends on you; enter firmly on that path. Be assured that then, . instead of seeing enemies in the government and local administration, the people will only consider them a support and help. And when afterwards you, in the name of this loyal and paternal govern
ment, recommend a candidate to the choice of the electors, they will listen to your voice and follow your counsel. All the old accusations of oppositions will fall before this new and simple line of policy, and people in France will end by understanding that order, labor, and security can only be established in a durable manner in a country under a government listened to and respected.
ABERDEEN, Lord, on importance of
the people moving before govern-
ment, 129.
Absent persons, penally tried, 73.
Absolute democracy, no connection
with liberty, 217.
Americans, of the Anglican race, 21.
Their task regarding civil liberty,
21; more inclined to abstract rights
than English, 267.
Amyot, translation of Plutarch, great
influence in France, 379, note.
Absolute monarchs often allow bold Anaximander, 212.
discussions on liberty, 161.
Absolutism, enlightened, not the best
government, 26; always spurns
fundamental laws, 279; item, di-
vision of power, 280; resorts to
transportation, favors extraordi-
nary courts, 280; generally ab-
hors publicity, 281; precedent,
282; copies foreign measures, 300;
popular, 380; all absolutism has
an element of communism, 389.
Acclamation, decrees of, 193.
Accumulation of single fortunes do
Ancient liberty, 45 and sequ.
Ancient philosophers, why they praise
Sparta, 372.
Anglican liberty, 42; as elements,
53 and sequ; how to find out in
what it consists, 54.
not prove general wealth, 398.
Accusation, trial by, 221 and sequ.
Accusatorial trial, 221 and sequ.
Adams, John, opinion that common
law is necessary element of liberty
of U. S., 215.
Administrative judgments in France,
109, 220.
Advocate, ethics of, 244; independ-
ence of, 242 and sequ; is part of
the administration of justice, 247.
Age, present, its political charac-
ter, 17.
Alexander the Great, 212, 213.
American liberty founded on Eng-
lish, 21; cannot be understood
without English liberty, 22, 261
and sequ; characterized by repre-
sentative republicanism and fede-
ralism, 263; what it consists in,
164 and sequ.
Anglican polity, Turgot's opinion on
it, 198.
Anti-corn-law league, 128.
Antiquity, its main differences from
modern times, 367.
Appropriations should be short, 149.
Arms, the right of bearing, 123.
Army, must be under the control of
the legislature, 117 and sequ. In
England, and by the Constitution
of the United States, ibid. Presi-
dent of the United States, is chief
commander, but cannot enlist sol-
diers without congress, 118. De-
claration of Independence concern-
ing British army, ibid. Standing
armies, 119 and sequ; in France,
its extent and power, 121; French
army votes, like the citizens, 122.
Armies ought not to possess the
right of petitioning, 122; always
favored by despots, 278.
Aristotle, greater than Alexander,
257.
Arnold, Dr. Thomas, definition of In-
stitution, 308.
Articles in addition to the Constitu-
tion of the United States, 533.
Articles of Confederation and Per-
petual Union, in full, 510 and sequ.
Association, right of, and importance,
127.
Athenian prosecutor punished if he
wholly fails in his persecution, 79.
Attainder and corruption of blood, in
England, 103.
speaking, 131; new word, 169; its
character, ibid.
Burke on legitimate parties, 153; on
arbitrary power, 376.
By-laws, 327; etymology, ibid, note.
CÆSAR, Julius, 383.
Cæsarism.
reignty.
Authentic Interpretation, 211.
Autonomy and Self-Government, 40 Cæsarean sovereignty, 382, note.
and note.
BACON, quotations from, 23, 24.
Bail, 69 and sequ. Advantages and
disadvantages, 70.
Ballot, universally established in the
United States, 268. Has not the
effect which the English expect,
ibid.
Bavarian code, against interepreta-
tion by courts, 210.
Beccaria against pardoning, 440.
Béchard, Lois Municipales des Re-
publ. de la Swisse et des Etats-
Unis, 325, note.
Bentham, Jeremy, tactics of legisla-
tive assemblies, 195.
Beranger, opinion on French justice,
Bernard, Frenchman, accessory be-
fore the fact, of Orsini, 59.
Betis, 213.
Bicameral system, 197.
Billeting, debate in commons in 1856,
p. 119.
Bill of Rights, in full, 499 and sequ.
Blanc, Louis, one of the representa-
tives of French school, 374; and
present imperialists, equally for
universal suffrage, 162, note.
Bodinus, definition of liberty, 33.
Copy of Bodinus used by Jeffer-
son, ibid.
Bonner's translation of de Tocque-
ville's Ancien Régime, 259.
Bossuet, for centralized power, 378.
Bourgoisie derided, 389.
Brilliant men, or events, not the most
influential, 257.
Brougham, Lord, on discussing peti-
tions, 125, note; on the organiza-
tion of upper house, 201; ethics
of the advocate, 244; on courts of
arbitration, 285, note; on German
empire, 363, note.
Bunsen, Baron, on toleration, 56,
note; 306.
Bureaucracy, founded on writing, not
Campbell, Lord, opinion on petitions
of British merchants, 60; on una-
nimity of jury, 241, note.
Capital, amount of, carried off by
emigrants, 96, note; 97, note.
Capital cities, influence, 396. Mag-
nificent capital cities pave a state
of decline, 399.
Carey, Matthew, on pardoning in
United States, 445.
Carlisle, Earl, 125, note.
Cassation, court of, 283.
Cavaignac, General, his arrest, 112.
Centralism leads to enfeebling man-
worship, 401; to base flattery, 402;
to brilliant acts, 403.
Centralization, loved by the French,
156; Turgot in favor of it, 198;
passion of the French for it, 288.
Centralized governments have no in-
stitutions to break powerful shocks,
356.
Cerachi, conspirator, executed by se-
natus consultum, 321.
Champ-de-mars, the many different
government exhibitions on the
same, 349.
Chambord, Count, his letter not al-
lowed to be published, 394.
Chancellor, Lord, of England, mem-
ber of the cabinet, 189, note;
being moderator of house of lords,
190.
Charter, French, of Louis XVIII., in
full, 550 and sequ; of the year 1830,
ibid.
Chardin, on pardoning in Persia, 439.
Chartists, petition in 1848, p. 124,
Charter, the great, of England, 464
and sequ, and 476 and sequ.
Chatham, Lord, on trial by jury, 236;
on passage in magna charta, con-
cerning administration of justice,
281; on arbitrary power, 377.
Chevenix, on national character, 185,
note.
Cicero, defin. of liberty, 28.
Cis-Caucasian race, 22, note.
Cities, in the Netherlands were sove-
reign, 173, 343; not sufficient as
patria for moderns, 173, and note.
City; the ancients confound it with
the state. 47 and sequ.
City-states and national states, 367
and sequ.
Civilization, law of spreading, 298.
Civil Law, influence on common law,
216.
Civil Liberty. See Liberty.
Civil List. See Taxation.
Code Napoleon and equality, essence
of civilization, 19.
Codification, does not prevent inter-
pretation, 208.
Coetlogon, French case of opening
letters, 93.
Coke, on the justice of the peace,
326, note.
Collard, Roger, on absolutism of ma-
jority, 287.
Colonization Society, 128.
Color, effect of distinction of races on
American sympathy and politics,
265.
Commissions, contradistinguished
from regular courts, 109.
Common law, necessary for indepen-
dence of the law, 208 and sequ.
Constitutes the greater portion of
British constitution, 213. Com-
pared with civil law, 214; article
common law in Encyclopædia Ame-
ricana, written by Judge Story,
216; American writers who take
French views of liberty, and of law
against it, 217.
Communion, right of, 89 and sequ.
Liberty of, always abolished by
absolutists, 277.
Communism, the basis of the Utopias,
46, note.
Compensation bill, intended by Ro-
milly for accused persons not found
guilty, 79.
Compurgators, 460.
Conclamation, election by, of medie-
val character, 408.
Confederation, articles of, and perpe-
tual union, in full, 410 and sequ.
Confirmation of liberties, 476 and sequ.
Confirmatio Chartarum, 476 and sequ.
Confiscation, incompatible with civil
liberty. 103.
Conflicts between courts and adminis-
trations, were to be decided by a
separate tribunal, according to
French constitution of 1848, p. 571.
Conscience, liberty of, 99 and sequ.
American court regarding it, ibid.
Necessity, at present, 101. Why its
full acknowledgement in England
so late, 103.
Conscription in France, 122, note.
Constitutions, produced in our age,
17, 18; written and unwritten; en-
acted and cumulative, 166, note;
of England, consists chiefly of
common law, 213; what it consists
of, ibid; of U. S., called atheistic,
264; of U. S., works on it, and on
their government, 270, note; of
United States, in full, 521 and sequ;
French, of 1793, in full, 536; of
the French republic, of 1848, p.
560 and sequ; of France, of 1851,
p. 581.
Constitutionality, declared by su-
preme court, 166 and sequ.
Coode, codifying English poor law,
210, note.
Cooper, Dr. Thomas, opinion of Ha-
milton's parliam. logic, 195, note.
Corruption of blood, not admitted in
U. S., 82; in England, 104.
Council of State, in France, 203.
Council of Trent, adopted half hour
rule, 137, note.
Counsel of the prisoner, 243.
Country, necessary for moderns, in-
stead of ancient cities, 173, and
Cours prêvotales, abolished by char-
ter of Louis XVIII. See Natural
Courts.
Courvoisier, and Philips his counsel,
248, note.
Craik, G. L., proposed a plan of elec-
tion to represent minority, 181,
Cranworth, Lord, on codification, 210,
note; on trial by jury, 239.
Crimen exceptum, high treason, 84.
Cromwell, congratulations on dissolv-
ing parliament, 424.
Crowds, acclaiming, deceive, 403.
Crown, or principate on the conti-
nent, 51.
Crusades, in connection with the Vox
populi vox Dei, 406.
Cumulative constitutions. See Enact-
ed Constitutions.
Curtis, G. J., History of Cons. of U.
S., 270, note.
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