when ballots rendered ineffectual by, 608, 609. ACCUSATIONS OF CRIME, are actionable, per se, 423. how made with a view to investigation and trial, 309. ACTION, against election officers for refusing to receive votes, 616. for exercise of legislative power by municipal bodies, 208. modification of, by statute, 430. (See LIBERTY OF SPEECH AND OF THE PRESS.) rights in, cannot be created by mere legislative enactment, 369. nor appropriated under right of eminent domain, 527. nor forfeited, except by judicial proceedings, 362, 363. statutory penalties may be taken away before recovery of judgment, 362, n.; 383, n. limitation to suits, 364–367. statutes for, are unobjectionable in principle, 365. subsequent repeal of statute cannot revive rights, 293, 365. principle on which statutes are based, 365. cannot apply against a party not in default, 366. must give parties an opportunity for trial, 366. for causing death by negligence, &c., 581. ACTS OF THE LEGISLATURE, ADJOURNMENT OF SUIT, (See STATUTES.) from regard to religious scruples of party, 477, n. ADJOURNMENT OF THE LEGISLATURE, on its own motion, 132. by the governor, 132. ADMINISTRATORS, (See EXECUTORS AND ADMINISTRATORS.) ADMIRALTY JURISDICTION, exercise of, by the Revolutionary Congress, 6. of accused parties as evidence, 313-318. ADVERTISEMENT, notice to foreign parties by, 404. not effectual to warrant a personal judgment, 404, 405. divorces not to be granted by legislature, 110, n. protection of person and property by law of the land, 351, n. legislature may make rules respecting pardons, 116, n. persons conscientiously opposed to bearing arms excused, 478. ALIENS, exclusion of, from suffrage, 29, 30, 599. ALIMONY, payment of, cannot be ordered by legislature, 114. jurisdiction of United States courts in respect to, 11. of money bills, may be made by Senate, 131. of indictments, 272. of statutes, 151, 152. republication of statute amended, 151. by implication, 152. at the same session of their passage, 152. of defective proceedings by legislation, 293, 371-381. right of, may be taken away, 384. effect of change in the law pending an appeal, 381. of powers between the States and the nation, 2. APPORTIONMENT - continued. between the departments of the State government, 33-37, 39, 90–92. APPRAISAL, (See TAXATION.) of private property taken by the public, 559-570. how far invalid, 290. APPRENTICE, control of master over, 340. APPROPRIATION, of private property to public use, 525. (See EMINENT DOMAIN.) ARBITRARY ARRESTS, (See PERSONAL LIBERTY.) illegality of, 300, 302. ARBITRARY EXACTIONS, distinguished from taxation, 490, 491. ARBITRARY POWER, unknown among common-law principles, 22. cannot be exercised under pretence of taxation, 490, 508. ARBITRARY RULES, of construction, danger of, 59, 61, 62, 83. of presumption, 326, n. ARBITRATION, submission of controversies to, 399. ARGUMENTUM AB INCONVENIENTI, in constitutional construction, 70, 71, n. ARKANSAS, ARMS, divorces not to be granted by legislature, 110, n. special acts for sale of lands of infants, &c., forbidden, 98, n. protection of person, &c., by law of the land, 352, n. liberty of speech and of the press, 414, n. legislature may regulate granting of pardons, 116, n. exclusion from office for want of religious belief, 468, n. right to bear, 350. exemption from bearing of persons conscientiously opposed, 478. ARMY, quartering in private houses, 308. jealousy of standing army, 350. ARREST, privilege of legislators from, 134. on criminal process. (See CRIMES.) of judgment, new trial after, 328 and n. ART, WORKS OF, criticism of, how far privileged, 457. ARTICLES OF CONFEDERATION, adoption of, 7. why superseded, 7, 8. ASSESSMENTS, for local improvements, generally made in reference to benefits, 497. not necessarily made on property according to value, 497. are made under the power of taxation, 498. not covered by the general constitutional provisions respecting taxation, not unconstitutional to make benefits the basis for, 499, 505, 511. may be made in reference to frontage, 507. but each lot cannot be compelled to make the improvement in front of for drains, levees, &c., 510. in labor for repair of roads, 512. ATTAINDER, meaning of the term, 259. bills of, not to be passed by State legislatures, 15, 33, 259. cases of such bills, 259-264. bills of pains and penalties included in, 261. ATTORNEYS, exclusion of, from practice is a punishment, 263, 264. right to notice of proceedings therefor, 337, n., 404, n. |