ELECTIONS, -Continued. contesting elections in the courts, 623. canvassers' certificate as evidence, 624. courts may go behind certificate, 624. what surrounding circumstances may be given in evidence, whether qualification of voters may be inquired into, 627. EMANCIPATION, - of slaves in Great Britain and America, 295 – 299. EMINENT DOMAIN, distinguished from ordinary domain of States, 523. right of, rests upon necessity, 524. cannot be bargained away, 281, 525. general right is in the States, 525. for what purposes nation may exercise right, 525, 526. exception of money and rights in action, 527. legislative authority requisite to, 527. legislature may determine upon the necessity, 528, 538. conditions precedent must be complied with, 528, 529. statutes for exercise of, not to be extended by intendment, 530. the purpose must be public, 530, 531. private roads cannot be laid out under, 530, 531. what constitutes public purpose, 532, 533. whether erection of mill-dams is, 534 – 536. - property need not be taken to the State, 536. individuals or corporations may be public agents for the purpose, the taking to be limited to the necessity, 539-541. statute for taking more than is needed is ineffectual, unless owner what constitutes a taking of property, 541. incidental injuries do not, 542-544. any deprivation of use of property does, 544. water front and right to wharfage is property, 544. right to pasturage in streets is property, 545. taking of common highway for higher grade of way, 545. if taken for turnpike, &c. owner not entitled to compensation, 546. difference when taken for a railway, 546-548. EMINENT DOMAIN,—Continued. owner entitled to compensation in such case, 549, 550. decisions where the fee of the streets is in the public, 552, 555. must be pecuniary, 559. preliminary surveys may be made without liability, 560. sufficient if party is given a remedy by means of which he time for resorting to remedy may be limited, 561. waiver of right to compensation, 561, 562. when property taken by individual or private corporation, tribunal for assessment of, 563. time when right to payment is complete, 563, 564. principle on which compensation to be assessed, 565. allowance of incidental injuries and benefits, 556. not those suffered or received in common with public at large, if benefits equal damages, owner entitled to nothing, 570. 571. ENABLING ACT, to entitle Territory to form State constitution, 27, 28, 30. EQUALITY, (See GREAT BRITAIN.) of the several departments of the government, 45 n. ERRORS, (See RELIGIOUS LIBERTY.) waiver of, in legal proceedings, 409. ESSENTIAL POWERS OF GOVERNMENT, taxation, eminent domain, &c. cannot be bartered away, 280, 284. religious, are forbidden by State constitutions, 469. ESTATES OF DECEASED PERSONS, special legislative authority to sell lands for payment of debts is 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. 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. EVIDENCE, complete control of legislature over rules of, 288, 367–369. dying declarations, when are, 318. search-warrants to obtain, not constitutional, 305, 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, communications by client to counsel not to be disclosed, 334. 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. of accused parties, when to be evidence against them, 313, 314. constitutional prohibition of, 330. EXCESSIVE TAXATION, renders tax proceedings and sales void, 520. EXCISE TAXES, Congress may lay, 10. EXCLUSIVE PRIVILEGES, not to be taken by implication, 393-396. strict construction of, 393-396. EXCLUSIVE PRIVILEGES, - Continued. are subject to right of eminent domain, 281. EXECUTION, exemptions from, may be increased without violating pre-existing contracts, 287. 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. EXECUTIVE POWER, what is, 91. not to be exercised by legislature, 87, 114-116. EXECUTORS AND ADMINISTRATORS, against publisher of newspaper, 457. from taxation, when not repealable, 127, 280. from execution, may be increased without violating contracts, 287. laws for, not to be suspended for individual cases, 391 n. EX PARTE PROCEEDINGS, publication of, not privileged, 449 – 451. EXPECTANCY, interests in, are not vested rights, 359–361. 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. province of judge and jury respectively, 320 – 324. FAST DAYS, appointment of, does not violate religious liberty, 471. FEE, on the power to supersede the Articles of Confederation, 8 n. whether the public may appropriate, in taking lands, 557 - 559. accusation of want of chastity not actionable, per se, 423, 424. excluded from suffrage, 599. (See MARRIED WOMEN.) FERRY FRANCHISES, granted to municipal corporations, may be resumed, 277, 278. grants of, by the State across navigable waters, 593. police regulations respecting, 577. FEUDAL SYSTEM, FIRE, Mackintosh's definition of, 22 and n. destruction of buildings to prevent spread of, 526 n., 594. FISHERY, public rights of, in navigable waters, 524. FLORIDA, legislative divorces forbidden in, 110 n. legislature may make rules respecting pardons, 116. FOREIGNERS, (See ALIENS.) |