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.

Müfling, 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, 867 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.

Oceana, 344, note.
Occidental, contradistinguished from
Oriental, 22.

Odo, yielding his consent to be Arch-
bishop of Canterbury, in connec-
tion with vox populi vox Dei, 407,

note.

Omnipotence of parliament, 375, note.
One-hour rule, 137, note. Council

of Trent adopted half-hour rule,
ibid.

Opposition, necessary element of li-
berty, 152 and sequ; its develop-
ment in England, 154.
Oral discussions, 131. Necessary to
liberty, 132.

Ordinance of 13th July, 1787, declar-

ing American rivers free, 274.
Oregon, meeting of settlers, when
congress had failed to provide for
them, 197.

Ostracism, how many votes polled,
428.

Otis, James, first proposes to hold
public deliberations of legislature,
135, note.

Ouvrier, or workman, in 1818, p. 389.

PALEY, definition of liberty, 35.
Palmerston, Lord, declaration in 1853
that England will protect political
exiles, 58; his complacency to Na-
poleon, punished by the commons in
1859, p. 59: on pardoning, 455.
Papal interference not suffered in
England at an early period, 61.
Pardon, a real veto power, 205.
Pardoning, abuse of, paper on it, ap-
pendix, 437 and sequ. Resembles
the ancient veto, ibid. Origin of
pardoning power, 438. Asiatic
despots divest themselves of it,
ibid. Chardin, speaks of it in
Persia, 439. Authors against par-
doning, especially Beccaria, 440.
It cannot be dispensed with, ibid.
Supremacy of the law invaded by
unjust and licentious pardoning,

441. It unsettles reliance on law,
442; distroys certainty of punish-
ment, ibid. Shakspeare against
it, ibid; interferes with reform of
criminals, ibid; imports criminals
from abroad, ibid; induces people
to petition for it, who know nothing
about its character, ibid; sends
criminals abroad, 443; places arbi-
trary power in the hands of an in-

dividual, ibid. Lord Mansfield, on
Rev. Dr. Dodd, 443, note. De
Beaumont and de Tocqueville, on
pardoning in United States, 444.
Matthew Carey on it, 445. Taking
money for pardoning, ibid and
note. Pardoning in Massachu-
setts, 446. Averages in penal mat-
ters, 449; their insufficiency, ibid,
note. How to abolish the abuse of
pardoning, 450. Restriction in the
French constitution of 1848, p. 451.
Attention not yet sufficiently di-
rected to it, 451, note. Legisla-
ture no proper body for pardoning.
452.

Requisites of a proper board
of pardoning, 453. Restitution
different from pardon, 455. Lord
Palmerston on pardoning, 455.
Paris, its influence on account of cen-
tralization, 396. Paris dictates in
everything, 400.

Parliamentarism term, coined by the
French, 293.

Parliamentary liberty, derided, 193.
Parliamentary law, 188 and sequ; is
part of common law, 190. Ancients
had it not, 192.
Parliamentary procedure, 192; Judge
Story on its importance, 196.
Parties and party government, 153.
Their dangers, 154.
Passports, dislike of them by our
race, 98.

Patience, in politics, 360.

Patriotism, not national vanity, 298.
Patron saint, election of, 422, note.
Payne, Rev. Mr., on the Grebo bribe,
292, note.

Peerage, is not nobility, 355.
Penal laws, determine, according to
Montesquieu, liberty, 34.
Penal law of England, formerly very
cruel, but not the trial, 357.
Penal trial, well-secured, necessary
for liberty, 70. Montesquieu on
it, 71. Ancient and French, 72;
as important as penal law itself,
222. Dangers of putting questions
to prisoners, 76; questioning was
formerly allowed in England, ibid.
Reasons against it, 77. No man
to be tried twice for the same of-
fence, 78; not a favorite topic of
lawyers, 73; requisites of a sound
penal trial, ibid and sequ.
People, the different meanings of the

term in different countries, 352.

In England and America, an ho-
nored word, 354. Confusion of the
people and some people, ibid and
note. The people "never violate
the constitution," 388. What does
the term mean in vox populi vox
Dei? 405, 412.

Personal liberty, its guarantees, 61.
Persons and papers, power of send-
ing for, 191.

Petition, right of, 124 and sequ. Con-
sidered lightly by an American
statesman, 124; in Russia, 126;
in China, ibid. In Prussia, under
Frederic II., ibid. No demonstra-
tions of physical force ought to ac-
company it, 126; in full, 484 and

sequ.

Petre, Hon. Mrs., and Silby estate
affair, 97.

Peuple, tout-puissant, 303, 375.
Philips, in the Courvoisier case, 248,

note.

Pickering, Timothy, letter to Rufus
King, urging free river navigation,
273.
Pigott, Sir Arthur, repudiating for
Prince of Wales, 107, note.
Pitt, his last words on England's self-
reliance, anecdote related by Wel-
lington, 255.

Pius IX., Pope, uses vox populi vox
Dei, 413.

Plutarch, influence in France, 379.
Plumper, in elections, 180 and note.
Plato's republic, 46.
Police governments, 93.
Polignac, Duke of, charge against
him, 182; Prince, one of the hea-
viest charges against him that he
influenced elections, 392.
Political offence, 81.

Pope, Pius IV., against interpreta-
tion, 209.

Popular unrestrained power, opposite
to self-government, 395.
Popular absolutism, 380.
Power, its "impotency," Napoleon's
saying, 257; two much growth of,
can only be prevented by institu-
tions, 364; necessary for govern-
ment, 365; mere negation of, no
security for liberty, 373; its origin
has no connection with liberty,
378; necessity of giving some fair
account of its basis, 386.
Practice, parliamentary, 192.

Practice, so-called, in German courts,
218.

Precedent, element of all develop-
ment, 212. Necessary to liberty,
213; liberty stands in need of, 282.
Preston, Wm. C., letter to him or in-
ternational copyright, 94, note.
Price, Dr., definition of liberty, 28;
Turgot's letter to him, 198.
Principate, or Crown, 51.
Private property acknowledged by
French constitution, 105.
Procedure, parliamentary, 192; ab-
sence of it in French revolution,
193. American habit of, 194.
French work on it, by Vallette and
St. Martin, 194.
Proclamation of Napoleon, president
of the republic, preceding the con-
stitution, which became the impe-
rial one, 576.

Property, transmission by inherit-
ance, 103. Unimpeded exchange

and accumulation, elements of li-
berty, 104. Protected by Consti-

tution of United States, 105 Basis
of representation, 175 and sequ.
What is really meant by it, 176.
Consisted chiefly in land, in mid-
dle ages, 177.

Propter vitam vivendi perdere causas,
257.

Proudhon, no one less democratic
than the people, 376.
Proverbs, voice of the people, but
not Dei, 413.

Psephisma and Nomos, 360, note.
Psychical reduplication, 196.
Public, derivation of the word, 133.
Public funds, must be under control
of legislature, 148.

Public opinion, differs from general
opinion, or passion, 394.

Public trials, criminal, in Naples, 21.
Publicity, in justice and legislation,

saved by England, 21, 130 and
sequ. What it consists in, 131. Of
courts of justice, not guaranteed
by positive law in United States or
England, 134. First distinctly au-
thorized for the legislature in Mas-
sachusetts, ibid. Public speaking
necessary, and the ornament of
liberty, 136. To read speeches in
legislatures, an evil, 137. Hostility
of absolute governments to it, 138.
Interesting historical account of

the introduction of publicity in the
Senate of United States, by James
C. Welling, 139, note.

QUARTERING of soldiers, 116 and
sequ.

Ordinance of 1787 declaring rivers
forever free, 274.

Robespierre's great speech, 280.
Roman lawyers, their definition of
liberty, 26. Their dictum of the
emperor's pleasure, 26 and note.

RAIKES, CHARLES, Notes on the
Northwestern Province, 131.
Rapp, General, his opinion of Napo-
leon, 160.

Raumer, von, Diplomatic Despatches
of the Last Century, 359, note.
Rousseau hates representative govern-
ment, 18; his views lead to central-
ized government, ibid.
Reduplication, psychical, 196; law of,

316.

Report of the French senate on the
petitions to change the republic into
an empire, 594.
Representative government, 168, and
sequ; differs from deputative gov-
ernment, ibid. Derided, 18; hated
by Rousseau, ibid.
Representation, basis of, 175.
Representatives must be free, 183;
frequent election of them, ibid;
must be protected, ibid. Free from
arrest, 185. Possessing the initia-
tive, 186. Officers of the United
States cannot be members of con-
gress, 186.
Are they national, or
merely for their constituents? 203.
Republic and respublica, 43.
Republic, in 1848, was telegraphed
from Paris and accepted by return,
400.

République democratique et sociale.
289.

Repudiation, 106. Sir A. Alison on
Repudiation, 107, and note. Repu-
diation has not been republican but
rather monarchical, 107.
Responsible ministers, 163 and sequ.
Respublica and republic, 43.
Right, Petition of, in full, 484.
Rights, Bill of, in full, 499 and sequ.
Rights of man, 536 and sequ.
Ripuarian laws, 460.

Rivers, international question of free
navigation, 272 and note; free-
dom of their navigation peculiar to
United States, 271. Difficulty in
Germany, 272; Scheldt, ibid. Mag-
na Charta regarding rivers, ibid.

311 and sequ.

Romilly, Sir Samuel, his opinion on
putting questions to the prisoner,
76; on absence of parliamentary
practice in French revolution, 193;
on ethics of lawyers, 249.
Rousseau against division of power,
155; his aversion to representative
government, 287; social contract
only establishes unity of power,
378. Was the text-book of leading
revolutionists in France, 379.
Royal Republic, England called thus,

361.

Ruatan warrant, 180.
Ruggles, Samuel B., speech on right
and duty of American Union to im-
prove the navigable waters, 1852,
and memorial of the canal board
and canal commissioners, etc., 1858,
p. 274.

Russell, Lord John, on definitions of

liberty, 36. His History of English
Government and Constitution, ibid.
Russia, insecurity of her rulers, 371.

SANDERSON, casuist, 407, note.
Sardanapalus, inscription on his tomb,

345.

Scheldt, navigation of, 272.
Schmidt, I. J., Translation of History
of the East Moguls by Ssanang,
etc., 386.

Scott, General, his conduct when the
government of Mexico was offered,

330; his own statement, 330, note.
Secret political societies, 138.
Sejunction of the Netherlands, 343.
Self-Accusation, principle of, in Chi-
na, 78.

Self-Development of law, 218 and
sequ.

Self-Government, saved by England,
21; the word belongs exclusively
to Anglican race, ibid; Armenian
term for it, 39, note.
Self-Government, 251 and sequ. His-
tory of the term, note on 251, and
sequ; is organic, 254.
Self-Government, the fittest govern-
ment for man in his nobler phase,

liamentary procedure, 196; on codi-
fication, 210; Lord Cranworth, ibid.
Subjects, slaves and freemen, 26.
Substitutes, for representatives, not
used in Anglican system, 181.
Supplies by legislature, always
shunned by absolute rulers, 278.
See Taxation.

Semper ubique, 410, note and sequ.
Senatus Consultum, a term smuggled
in by Napoleon I., 321; the whole
senatus consultum restoring the
empire, 608.

Separatism, 174, note.

Septennial bill, introduced in France

by Villêle, 184; in England, ibid.
Sewell, Rev. William, Christian Poli-
tics, 313.

Sheriff, killing him by resistance, if
his warrant is not legal, constitutes
manslaughter only, 112.

Selby Estate affair, 97.

Silence, made punishable, 94.
Single-speech Hamilton.

ton, W. Gerard.

See Hamil-

Slaves, subjects and freemen, 26.
Smith, T. Toulmin, local self-govern-
ment, 325, note.
Socialism, 104, note.

Socrates, called by Lord Mansfield
the greatest of lawyers, 245.
Soldiers. See Army, Quartering of
Soldiers, 116 and sequ.
Sovereignty, what it consists in, 157;
confounded with absolute majority,
290; of the individual, ibid.
Sparta, favorable view of, by ancient
philosophers, 45.

Spartans and Helots, 26.

Speaker of the English Commons,
188; under the French charter,
189; in America, ibid.
Sprenger, Malleus Maleficarum, 410.
Ssanang Ssetren Changsaidshi, trans-
lated by Schmidt, 386.
Stability of Institutional Government,
339.

Standing armies. See Army.
State, an extensive territory with
fixed population and independent
government, a modern idea, 49.
Statistics of Elections, 424.
St. Just, liberty of a negative cha-
racter, 366.

St. Martin, French work on parlia-
mentary procedure, etc., 194.

Supremacy of the law, 108 and
sequ; requires that officers of go-
vernment remain personally an-
swerable, 111; only English and
Americans have this principle,
ibid; whether the principle has
been carried too far, 113.
Subjects, law of, 75, note.
Swiss, dependence of, 59.

TAXATION, right of self-taxation,
105; Declaration of Independence
concerning taxes without consent,
148; merely denying taxes is not
liberty, 149; appropriations should
be short, ibid; French imperial
constitution demands appropria-
tions en bloc, 150; history of Eng-
lish supplies, ibid; civil list, 151.
Teutonic spirit, its relation to Angli-
can liberty, 55.

Teutonism and Latinism, 297.
Theo-democracy of Mormons, 292.
Tittman, F. W., descript. of Greek
politics, 31.

Tocqueville, de, Ancien Regime, 199,
note; opinion on centralization of
France and its insecurity, 258; on
the general character of the French,
from his Ancien Regime, 259, note.
Torture, existed very late, 463, note.
Townsend, Hist. of Commons, 191.
Transportation, decreed by the dicta-
tor in France, 75; expatriation,
etc., almost always resorted to by
absolutism. See Liberty proved
by contraries.

Treason. See High Treason; trial
for. Absolutism abhors proper
guarantees, 85.

Trench, Lessons in Proverbs, 413.
Trial by Jury, 235 and sequ; Decla-

ration of Independence regarding
its denial, 236; some Americans
desire its abolition, 236; its advan-
tages, 237; Lord Cranworth's
opinion on it, 239. See Unanimity.
Trial, Penal. See Penal Trial.