Admiralty jurisdiction, (see Admiralty Courts.)
in prize cases, 391.
as to prize made on shore, 392. when lost as to prize, 393. in criminal cases, 394-400, 411. when it attaches, 395, 398, 402. how distinguished from common law, 402, 410, 411. of maritime causes and contracts, 405-419, 420. history of, traced, 404-407. in cases of general average and salvage, 408, note, 409, 410. none to enforce specific peformance of contracts, 409, note. of charter-parties, 409, 411. what are civil cases of, 415. is exclusive, 417.
early Roman law, 574. twelve tables, 580. prætorian law, 588. responsa prudentum, 589. Cicero, 590, 591, 592. age of Augustus, 591.
Papinian, Ulpian, Paulus, &c., 594. Theodosian code, 595. Tribonian, 595.
corpus juris civilis of Justinian, 596. the Code, 596.
the Institutes, 596.
the Digests, 597.
the Novels, 600.
disturbed by barbarian invasions,
study of, revived, in the 12th cen- tury, 602. reception of, in England, 603.
war in other states, 24. Clerks of U. S. Courts, 341. Coasting license, effect of, 482, 487. Codification, 527. Coke, 564.
Colonial trade of the enemy, 90. Colonies carry laws with them, 531.
American, their rights asserted, 607-613.
Columbia, District of, 277, 384, 427. Commercia Belli, 115, 168. Commerce, general right of, 34.
claims of Portugal and Russia, 36. treaties of, 36. with the enemy, 77.
between several states, what, 487,
Commerce, to be regulated by congress, Congress, authority of, relative to taxation, (see Taxation.) preëmption, right of, 278, 280. annexation of territory by, (see Annexation.)
power to regulate includes license laws, 488. internal, not to be controlled by
congress, 485, 487. power of congress to regulate, car- ries no grant of property, 491. Commission to cruise requisite, 106. unlawful against a friendly power,
Commons, house of, 249.
Common law, definition of, 530. its sources, 530.
how far adopted in the federal courts, 374, 377.
growth of, 530.
adopted in the states, 531. follows colonies, 531.
applies to impeachments, 378 note. applies to federal courts, 374. 66 except in criminal cases, 364.
Computation of time, 170.
Concealment of papers by a neutral, 166. Concurrent power of the states, 431, (see States and State Courts.) jurisdiction, 439, (see States and State Courts.) Confederation, early steps towards, 211. articles of, 219. imbecility of, 221-227. Confiscation of enemies' property conse- quent on war, 69. debts, doctrine in England and United States, 73, 75. not allowed, of property wrong- fully taken before war, 76. of enemy's property on commence- ment of war, 75.
contraband articles, 147, 148. for breach of blockade, 156. carrying dispatches, 157.
as foundation of title, (see Title.) Congress, legislation of, supersedes state legislation, 451. may punish the bringing of coun- terfeit coin into U. S., 482, note. power of, to regulate commerce,
its constituent parts, 231-233. privilege of the two houses of, 251. power to punish for contempts, 252,
general powers of, 253. rules of proceeding of, 254. mode of passing laws by, 255. authority to create a bank, 268-
to provide for proof of public rec- ords, 281, (see Records.) power over militia, (see Militia.) power of, as to internal improve- ments, 289-292. power over domestic territories, 427.
power of, over conquered and ceded territories, 428, 478. right of, to impose laws, 533. Constitution of the United States, (see Ap- pendix,) 661-670.
how and when formed, 227-229. Constitutional power, its test, 346. Constitutionality of laws, 500, 506. Construction of statutes, 516, 522, 527. of Revised Statutes, 520.
Consuls, defined, 50.
duty of, 51, 52.
have no judicial powers, 51. not protected as ministers, 55, 56. nations not bound to receive, 54. to assist in arresting deserters, 52. enlarged powers in foreign ports, 51, notes.
Consular System of the United States, act to regulate, 57, note. Contempts, when punishable by congress, 252, 253. may be punished by U. S. courts, 330, 331. Continuous voyage, 94. Contraband of war, 142-149.
what articles constitute, 142, 147. provisions, when, 144, 145, 147. provisions, how affected by destina- tion, 146.
articles of native growth, 146. raw materials, 146.
implements of war, 147.
penalty for carrying, 148.
protected against state laws,
principles of common law applied in, 369.
Courts, jurisdiction of criminal cases in admiralty, 372. jurisdiction of military and naval crimes and offences, 373, 374. how far common law and state laws are rules of decision in, 374, 376, note. jurisdiction, when an alien is a party, 378. jurisdiction of, against person not in the district, 379. jurisdiction, between citizens of dif- ferent states, 379. when a party is a corporation, 381. right of U. S. to sue in, 382. right of trustee to sue in, 384. right of assignee to sue in, 384. foreign corporations may sue in,
inhabitants of District of Columbia may not sue in, 384. inhabitants of territories may not
sue in, 384, 385. jurisdiction, when state a party in interest, 385-387. state not to be sued by individuals in, 385. agents of states may be sued in, 385, 386. jurisdiction of, in admiralty, (see Admiralty Courts, Admiralty Juris diction.) jurisdiction over ceded territories,
proceedings and execution in, reg- ulated by congress, 438. process and decisions, how affected by state laws, 438, 439. Circuit, of U. S., (see Circuit, Superior, and State Courts.) Courts Martial, naval jurisdiction of, 374, note, 396, 398. Crimes at sea, under statutes of United States, 394-400. Criminal cases, jurisdiction of, in federal courts, (see Federal Courts.) jurisdiction, (see Courts, Federal District Courts,) 435. Criminals, duty of surrender of, 40, 44. Cruise, right of, 106.
when cruiser liable as pirate, 110. with double commission, 111.
Damages, measure of, in cases of tort,
how far it imposes laws of discov- erer, 186. District Courts, organization and jurisdic- tion of, 336-339. jurisdiction, as courts of common
law, 424. in cases of seizure, forfeiture, and
torts, 424. in cases of bankruptcy, 425. as prize and instance courts in ad- miralty, 388-393. criminal jurisdiction of, in admiral- ty, 394–400, 411. no appeal in criminal cases, 358. damages in, for marine tort, 400, 404-407. admiralty and maritime jurisdic-
tion of, 412-419. cognizance of seizures and forfeit-
ures, 413, 415-417. jurisdiction in salvage cases, 423. jurisdiction as to pilotage, 423. District of Columbia, inhabitants of, may not sue in federal courts, 384. power of the courts of, to issue mandamus, 427. Doctor and Student, 563. Documents, concealment or spoliation of,
Embargo, hostile, when laid, 70. preliminary to war, 70.
Death, punishment of, 622. Debts, assumption of state, 437, note. Declaration of Independence, 218.
of war, mode and form of, 62.
Delictum, 96, 132, 157. Despatches to the enemy, 157.
Embassadors, rank of, 48.
rights of, 45, 47.
may be refused, 49.
how far their acts bind, 49. Emigration, right of, 652.
Eminent domain, rights of congress in Fugitives from service, mode of recapture, making internal improvements, 290, note.
Enemy's property, how affected by state of
despatches not to be carried, 157.
confiscation of ship, penalty, 157.
Enemy, trade with unlawful, 77.
as to commerce, 83.
by owning the soil, 84.
by residence, 84-89.
by sailing under his flag, 95.
old laws as to, 99. colonial trade of, 90.
property on board a neutral, 91. English decisions, their weight, 81, (see Ad-
judications.) Enlistment, against friendly powers, un- lawful, 130, 131. Evidence in libel, 630-638. Executive department, nature and unity of, 293, 294. Expeditions in neutral territory against friendly powers, 130, 131. Ex post facto laws, what, 455, (see State.) Extradition, when granted, 45, note.
Foreign commission to cruise, 110. prince or state may sue in U. S. courts, 324. public vessels not subject to local laws, 162, 163. property, when protected in war, 66, 68, 76. Foreigners, their rights and duties, 40. Forfeitures, jurisdiction of, in admiralty courts, 415, 416.
Forms of process, 438. Fortescue's treatise, 561. Free ships, 134.
Freight earned by neutrals carrying ene- my's goods, 133. when earned by captor of enemy's vessel, 140, 141.
Fugitives from justice, 647. constitutional provisions, 650. how far state executive may refuse to deliver, 647, 649. upon what evidence arrest may be made, 650.
from justice, surrender of, 42.
Habeas corpus, writ of, 639.
act of 31 Charles II., c. 2, 640. New York statute relating to, 642.
when habeas corpus does not lie,
to remove a foreigner from state jurisdiction, 332. when granted by United States courts, 328, 330, 356, note. jurisdiction of state courts in re- spect to, 445. in cases of fugitives from service, 450. Hale, Sir Matthew, Pleas of the Crown,
570. Hamilton, Alexander, on confiscating debts, 74.
Hardwicke, Lord Ch., 553. Hawkins, on criminal law, 570. Heads of departments, their amenability, 311, 427. High and low water mark, as to jurisdic- tion, 402. High seas, what, 403, 404. History of the law of nations, 4-20. American Union, 211–230. of treatises, 558-573. law reports, 539-554. civil law, 574-606.
Hobart's reports, 543. Hobbes's theory, 58. Homine replegiando, 450, 647. Hostage, 116. Hostile embargo, 70.
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