right of, may be taken away, 384.

effect of change in the law pending an appeal, 381.
APPOINTMENT TO OFFICE,

APPORTIONMENT,

(See OFFICE.)

of powers between the States and the nation, 2.

between the departments of the State government, 33-37,[39,90–92.
of taxes, 495.

APPRAISAL,

(See TAXATION.)

of private property taken by the public, 559-570.
APPRAISEMENT LAWS,

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.

legislative rules concerning pardons, 116, n.

special acts for sale of lands of infants, &c., forbidden, 98, n

revenue bills in, 131, n.

privilege of members in, 134, 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.

n.

ARMS, continued.

ARMY,

-

exemption from bearing of persons conscientiously opposed, 478.

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why superseded, 7, 8.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.
special taxing districts for, 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,
498.

not unconstitutional to make benefits the basis for, 499, 505, 511.
apportionment necessary in cases of, 499.

may be made in reference to frontage, 507.

but each lot cannot be compelled to make the improvement in front of it,
508.

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.
laws requiring service from, without compensation, 393, 394.
punishment of, for misconduct, 337.

persons conscientiously opposed to, are excused, 478.
constitutional right of, 350.

BEASTS,

police regulations regarding, 596.

regulations making railway companies liable for killing, 579.

BENEFITS,

may be taken into account in assessments for local improvements, 499,
505, 511.

what may be deducted when private property is taken by the public, 565.
BETTERMENT LAWS,

principle of, 386.

are constitutional, 387.

owner cannot be compelled to improve his lands, 385.

not applicable to lands appropriated by the public, 389, n.

BETTING ON ELECTIONS,

illegality of, 615.

BEVERAGES,

police regulations to prevent the sale of intoxicating, 581.
BILL OF RIGHTS (English),

a declaratory statute, 23, 257.

BILL OF RIGHTS (National),

not originally inserted in Constitution, 256.

reasons for omission, 256.

objections to Constitution on that ground, 257-259.

afterwards added by amendments, 259.

BILL OF RIGHTS (State),

generally found in constitution, 35.

classes of provisions in, 35, 36.

what prohibitions not necessary, 175.

BILLS, LEGISLATIVE,

constitutional provisions for three readings, 80, 81, 139, 140.
title of, to express object, 81, 141–151.

(See LEGISLATURE OF THE STATE.)

BILLS OF ATTAINDER,

not to be passed by State legislature, 15, 33, 259.

BILLS OF ATTAINDER, — continued.

meaning of attainder, 259.

cases of such bills, 259-264.

BILLS OF CREDIT,

States not to emit, 15.

BILLS OF PAINS AND PENALTIES,
included in bills of attainder, 261.

BLASPHEMY,

punishment of, does not violate religious liberty, 471–476.

nor the liberty of speech, 422.

published in account of judicial proceedings is not privileged, 449.

BOATS,

ferry, licensing of, 593.

speed of, on navigable waters may be regulated by States, 594.
BONA FIDE PURCHASERS,

not to be affected by retrospective legislation, 378, 379, 382, n.
BONDS,

issue of, by municipalities in aid of internal improvements, 119, 213–219.
BOOKS,

criticism of, how far privileged, 457.

indecent, sale of, may be prohibited, 596.

BOUNTIES,

when earned, become vested rights, 383, 384.

payment of, to soldiers by municipal corporations, 219–229.

BOUNTY SUBSCRIPTIONS,

by municipal corporations, how far valid, 219–229.

BRIDGES,

erection of, by State authority over navigable waters, 592.
(See NAVIGABLE WATERS.)

BUILDINGS,

condemnation and forfeiture of, as nuisances, 583, 584.
destruction of, to prevent spread of fires, 526, n.
appropriation of, under right of eminent domain, 526.
BURLESQUES,

libels by means of, 423.

BY-LAWS,

of municipal corporations, 198–203.

must be reasonable, 200-203.

must be certain, 202.

must not conflict with constitution of State or nation, 198.
nor with statutes of State, 198.

protection of property, &c., by law of the land, 352, n.
liberty of speech and of the press in, 416.

CANALS,

appropriation of private property for, 533.
when are private property, 590.

CANDIDATES FOR OFFICE,

criticism of, how far privileged, 431-441, 455.
ineligibility of, how to affect election, 620.

CANVASSERS,

act ministerially in counting and returning votes, 622.

whether they may be compelled by mandamus to perform duty, 623.
certificate of, conclusive in collateral proceedings, 624.

CARRIERS,

(See ELECTIONS.)

police regulations making them liable for beasts killed, 570.

change of common-law liability of, by police regulations, 580, 581.
may be made responsible for death caused by negligence, &c., 581.
CATTLE,

police regulations making railway companies liable for killing, 579.
CEMETERIES,

further use of, may be prohibited when they become nuisances, 595.
CENSORSHIP OF THE PRESS,

in England and America, 417-419, 420.
CENTRALIZATION,

American system the opposite of, 189.
CHARACTER,

bad, of attorney, sufficient reason to exclude him from practice, 337.
slander of, 422-424.

good, of defendant in libel suit, no defence to false publication, 466.
benefit of, in criminal cases, 325, n.,

CHARTERS,

of liberty, 24, n.

colonial, swept away by Revolution, 26.

exceptions of Connecticut and Rhode Island, 26.

municipal, do not constitute contracts, 193.

control of legislature over, 192, 193.

construction of, 195, 211.

(See MUNICIPAL CORPORATIONS.)

of private corporations are contracts, 279.

police regulations affecting, 577-579.
strict construction of, 394–396.

amendment of, 279, 577, n.

CHASTITY,

accusation of want of, not actionable per se, 423, 424.

statutory provisions on the subject, 424.

CHILDREN,

control of parent, &c., over, 339, 340.

obtaining possession of, by habeas corpus, 348.

deeree for custody of, in divorce suits, 405.

CHRISTIANITY,

its influence in the overthrow of slavery, 297, 298, and n.