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ERRORS,

waiver of, in legal proceedings, 409.
judgments, &c., not void by reason of, 408.
curing by retrospective legislation, 370-383.

in conduct of elections, effect of, 613, 617-619.
ESSENTIAL POWERS OF GOVERNMENT,

taxation, eminent domain, &c., cannot be bartered away, 280, 284, 525.
ESTABLISHMENTS,

religious, are forbidden by State constitutions, 469.
ESTATES OF DECEASED PERSONS,

special legislative authority to sell lands for payment of debts is consti-

tutional, 97–106.
such acts forbidden by some constitutions, 98, n.

legislature cannot adjudicate upon debts, 103, 104.
ESTATES IN LAND,

subject to change by the legislature before they become vested, 360.

but not afterwards, 93, n.
ESTOPPEL,

by judgment only applies to parties and privies, 48.

does not depend on reasons given by the court, 48, 49.

does not apply in controversy about new subject matter, 49.
of the State by its legislation, 73, n., 254, n.

of individuals by legislation, 96, 390, and n.
EVASION,

of constitutional provisions, 139, n.
EVIDENCE,

by recitals in statutes, 96.
complete control of legislature over rules of, 288, 367–369.
conclusive rules of, not generally admissible, 368, 369.
confessions of accused parties as, 313-318.
dying declarations, when are, 318.
search-warrants to obtain, not constitutional, 305, 307, n.
correspondence not to be violated to obtain, 307, n.
accused party not compelled to give, against himself, 313.
by accused parties in their own favor, 317, n.
against accused parties, to be given publicly, and in their presence, 312,

318.
communications by client to counsel not to be disclosed, 334.
in State courts, State laws control, 484, n.

to explain imperfections in ballots, 611, 624.
EVIL TO BE REMEDIED,

weight of, in construing constitutions, 65, 83, n.

what in view in requiring title of act to state the object, 142–144.
EXAMINATIONS,

of accused parties, when to be evidence against them, 313, 314.
EXCESSIVE PUNISHMENTS,

constitutional prohibition of, 330.
EXCESSIVE TAXATION,

renders tax proceedings and sales void, 520.
EXCISE TAXES,

Congress may lay, 10.

INDEX.

EXCLUSIVE PRIVILEGES,

not to be taken by implication, 393-396.
strict construction of, 282, n., 393-396.

are subject to right of eminent domain, 281.
EXECUTION,

exemptions from, may be increased without violating pre-existing con-

tracts, 287.
and may be recalled, 383.

imprisonment upon, may be abolished, 287.
EXECUTIVE,

construction of constitution by, 39–43.
weight of practical construction by, 69.
power of, to pardon and reprieve, 115 and n., 116 and n.

approval or veto of laws by, 153, 154.
EXECUTIVE POWER,

what is, 91.
not to be exercised by legislature, 87, 114-116.

of the United States, 11.
EXECUTORS AND ADMINISTRATORS,

special statute, authorizing sales by, 97-106.
propriety of judicial action in these cases, 97.

legislature cannot adjudicate upon debts, 104.
EXEMPLARY DAMAGES,

against publisher of newspaper, 457.
EXEMPTIONS,

from taxation, when not repealable, 127, 280, 383, n.

power of the legislature to make, 514.
from public duties, &c., may be recalled, 220, 383.
of property, from right of eminent domain, 281.
of property, from police power of the State, 282.
from execution, may be increased without violating contracts, 287.
of debtor from imprisonment, 287, 341.
privilege of, may be made to de end upon residence, 397.

laws for, not to be suspended for individual cases, 391, n.
EX PARTE PROCEEDINGS,

publication of, not privileged, 449-451.
EXPECTANCY,

interest in, are not vested rights, 359–361.
EXPOSITORY ACTS,

(See DECLARATORY STATUTES.)
EX POST FACTO LAWS,

States not to pass, 15, 33, 264.
meaning of the term, 264.
only applies to criminal laws, 264.
classification of, 265.
laws in mitigation of punishment are not, 267.

what is in mitigation, and what not, 267–272.
modes of procedure in criminal cases may be changed, 272.
punishment of second offences, 273.

EXPRESSION OF POPULAR WILL,
must be under forms of law, 598.

(See ELECTIONS.)
EXPULSION,

of legislative members for misconduct, 133, 134.
EXTRADITION,

of criminals as between the States, 15, n.
of persons accused of libel, 320, n.

F.
FACT AND LAW,

province of judge and jury respectively, 320–324.

in libel cases, 460.
FAST DAYS,

appointment of, does not violate religious liberty, 471.
FEDERAL COURTS,

(See Courts OF THE UNITED STATES.)
FEDERALIST,

,
on the power to supersede the Articles of Confederation, 8, n.
reasons of, for dispensing with national bill of rights, 256.

reference in, to laws violating obligation of contracts, 273.
FEE,

whether the public may appropriate, in taking lands, 557-559.
FEMALES,

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

statutes on the subject, 424.
excluded from suffrage, 599.

(See MARRIED WOMEN.)
FERRY FRANCHISES,

granted to municipal corporations, may be resumed, 277, 278.
strict construction of, 396.
grants of, by the State across navigable waters, 593.

police regulations respecting, 577.
FEUDAL SYSTEM,

Mackintosh's definition of, 22 and n.
FIFTEENTH AMENDMENT,

provisions of, 11, 599.
FINE.

remission of, 115, n.
FIRE,

destruction of buildings to prevent spread of, 526, n., 594.

precautions against, by establishing fire limits, 594.
FISHERY,

public rights of, in navigable waters, 524.

restrictions upon, 202, and n.
FLORIDA,

legislative divorces forbidden in, 110, n.
special statutes for sale of lands of minors, &c., forbidden, 97, n.
legislature may make rules respecting pardons, 116.

INDEX.

FLORIDA, - continued.

protection of property, &c.; by law of the land, 352, n.
liberty of speech and the press in, 416.
religious belief not to disqualify a witness, 478.

disqualifications for suffrage, 599, n.
FOREIGNERS,

(See ALIENS.)
FORFEITURES,

under municipal by-laws, 204, n.

must be judicially declared, 263, 264, 292.
FORMS,

prescribed by constitution are essential, 78-83, 177.
FOURTEENTH AMENDMENT,

protections of, 11, 294, and n., 397.
FOURTH OF JULY,

celebration of, at public expense, 211.
FOX'S LIBEL ACT,

provisions of, 462.

import and purpose of, 462, 463.
FRANCHISES,

of incorporation, when they constitute contracts, 279.
granted to municipal bodies may be resumed, 239, 276.
repeal of, where right to repeal is reserved, 384, 578.
strict construction of, 195, 394-396.
police regulations respecting, 576-581.

may be appropriated under right of eminent domain, 526.
FRAUD,

as affecting decrees of divorce, 401, and n.
FREEDMEN,

made citizens, 294, 599.
FREEDOM,

maxims of, in the common law, 21, 22.
gradually acquired by servile classes in Great Britain, 295, 299.

(See PERSONAL LIBERTY.)
FREEDOM OF ELECTIONS,

provisions to secure, 614, 615.
bribery and treating of electors, 614.
militia not to be called out on election day, 614.
courts not to be open on election day, 614.
betting on elections illegal, 615.

contracts to influence elections void, 615.
FREEDOM OF THE PRESS,

Hamilton's reasons why protection of, by bill of rights not important, 256.
opposing reasons by Jefferson, 258, n.

(See LIBERTY OF SPEECH AND OF THE PRESS.)
FREEDOM OF SPEECH,
definition of, 422.

(See LIBERTY OF SPEECH AND OF THE PRESS.)
FUGITIVES FROM JUSTICE,

to be delivered up by the States, 15, 16.
FUNDAMENTAL LAW,

constitutions are, 2.

FUNDAMENTAL RIGHTS,

bills of, in State constitutions, 35.

in the national Constitution, 256-259.

in England, 23, 257.
are before constitutions, 36, 37.
statutes in violation of, 169-176.
under fourteenth amendment, 11, 294, 397.

G.
GAMING IMPLEMENTS,

keeping of, for unlawful games, may be prohibited, 596.
GENERAL INTENT,

when to control particular intent, 58, n.
GENERAL LAWS,

required instead of special by some constitutions, 128, 129, n.
in cases of divorce, 110, n.
due process of law does not always require, 353–355, 389–393.
submission of, to vote of people invalid, 116–125.
suspension of, 391.
changes in, give citizens no claim to remuneration, 358.

respecting remedies, power to change, 267-273, 287–294, 361-367.
GENERAL WARRANTS,

illegality of, 299–303.
GEORGIA,

divorce cases to be adjudged by the courts, 110, n.
revenue bills in, 131, n.
liberty of speech and of the press in, 417, n.
religious liberty in, 468, 478, n.
protection of property by law of the land, 351, n.

disqualifications for suffrage, 599, n.
GOOD MOTIVES AND JUSTIFIABLE ENDS,

defence of, in libel cases, 464.

burden of proof on defendant to show, 464.
GOVERNMENT,

constitutional, what is, 2, 3.
republican, to be guaranteed to the States, 17.

of the United States, origin of, 5–8.
GOVERNOR,

approval or veto of laws by, 153, 154.
messages to legislature, 155.
power to prorogue or adjourn legislature, 132.
power to convene legislature, 155.
legislative encroachment on powers of, 114-116.
power to pardon, 115, n.

power to reprieve, 116, n.
GRADE OF RAILROADS,

legislature may establish for crossings, 580.
GRADE OF STREETS,

change of, gives parties no right to compensation, 207.
special assessments for grading, 497, 505-509.

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