official returns, and any one who assumes to dispute an election is compelled to begin his suit before he can have access to the means of proof. This is not the usual course of litigation, and the rule has a strong bearing upon the policy to be deduced from the law.

"Under our statute, there is no general provision which makes the canvass for local officers conclusive in all cases, and therefore the rule is recognized that the election usually depends upon the ballots, and not upon the returns. These being written and certain, the result of a recount involves no element of difficulty or ambiguity, beyond the risk of mistakes in counting or footing up numbers, which may, in some respects, be more likely in examining the ballots of a whole county than in telling off those of a town or ward, but which involves no great time or serious disadvantage. But the introduction of parol evidence concerning single voters in a considerable district, can rarely reach all cases of illegality effectually, and must so multiply the issues as to seriously complicate the inquiry. And when we consider, that, for many years, legislation has been modified for the very purpose of suppressing illegal voting, and when we know that hundreds of elections must have been turned by the ballots of unqualified voters, the absence of any body of decisions upon the subject is very strong proof that inquiry into private ballots is felt to be a violation of the constitutional safeguard on which we pride ourselves as distinguishing our elections from those which we are wont to regard as conducted on unsafe principles."

[ 745 ]

when ballots rendered ineffectual by, 608, 609.

AB INCONVENIENTI,

doctrine of, in construction, 67-71.

ACCUSATIONS OF CRIME,

are actionable, per se, 423.

self, not to be compelled, 313-317.

how made with a view to investigation and trial, 309.

(See PERSONAL LIBERTY.)

varying form of, cannot subject party to second trial, 328.
ACCUSED PARTIES,

testimony of, in their own behalf, 317, 318 and notes.
confessions of, 314, 315.

ACTION,

(See PERSONAL LIBERTY.)

against election officers for refusing to receive votes, 616.
for negligent or improper construction of public works, 571.
for property taken under right of eminent domain, 559-564.
(See EMINENT DOMAIN.)

for exercise of legislative power by municipal bodies, 208.
for slander and libel, rules for, 422-425.

modification of, by statute, 430.

(See LIBERTY OF SPEECH AND OF THE PRESS.)

rights in, cannot be created by mere legislative enactment, 369.

nor taken away by legislature, 362.

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.

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.
conferred upon courts of United States, 11.
ADMISSIONS,

of accused parties as evidence, 313–318.
(See CONFESSIONS.)

ADVERTISEMENT,

notice to foreign parties by, 404.

not effectual to warrant a personal judgment, 401, 405.
AGENCIES OF GOVERNMENT,

not to be taxed, 18, 482-485.

AGREEMENTS,

ALABAMA,

(See CONTRACTS.)

divorces not to be granted by legislature, 110, n.

revenue bills in, 131, n.

legislative rules concerning pardons, 116, n.

title of acts to express the object, 142, n.

protection of person and property by law of the land, 351, n.

liberty of speech and the press, 417, n.

legislature may make rules respecting pardons, 116, n.

privileges of members, 134, 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.
decree for, not valid unless process served, 405.
AMBASSADORS,

jurisdiction of United States courts in respect to, 11.
AMENDMENT,

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.

of State constitutions, 21.

(See STATE CONSTITUTIONS.)

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.