Companies, 70-1, 77; of 1609 to London
Company, 71-2, 77; separation of London
and Plymouth Companies under, 77; of
1612, to London Company, 72-3, 79; of
1620, to Plymouth Company, 77-9; of
1628-9, 79-82; new instruments of govern-
ment a reversion to, 84; Constitution a
charter, 84; declared colonists British sub-
jects, 90; influence of, on State constitu-
tions, 130-2; governments more perfect
under constitutions than under, 139; of
Connecticut, 84 note, 103, 119, 121, 131,
348; of Maryland, 121, 121 note, 122, 123;
of Massachusetts, 65, 79-84, 84 note, 131,
132; of New York, 86 note; of North
Carolina, 86 note; of Pennsylvania, 86
note, 122, 123; of Rhode Island, 85
note, 103, 105, 131; of Virginia, 70 et seq.,
83.
Chase, Chief Justice, on division of sov-
ereign powers, 334-5, 370; on duty of presi-
dent regarding acts of Congress, 383-6.
Chelmsford, Lord Chancellor, on foreign
States suing in English courts, 463.
Cherokee Nation v. Georgia, 387-9, 401.
Chesapeake Bay, interest of various States
in navigation of, 55-6, 145.
Chicago and Grand Trunk Railway Com-
pany v. Wellman, 434.
Chisholm v. Georgia, 333, 429, 430, 431, 442,
465.
Circuit Courts of the United States, organ-
ized in pursuance of the judiciary act of
Sept. 25, 1789, 350; powers of, strictly
judicial, 350 et seq.
Circuit Court for District of New York,
opinion of, respecting extent of judicial
powers, 350.
Circuit Court for District of North Caro-
lina, opinion of, respecting extent of ju-
dicial powers, 351-2.
Circuit Court for District of Pennsylvania,
case of The Active before, 222, 222 note;
opinion of, respecting extent of judicial
powers, 350-1; opinion of, respecting un-
constitutionality of an act of Congress,
365; declared an act of Pennsylvania con-
trary to its constitution, 365-6.
Citizen, suit of, against a State, 102, 465.
Clafflin v. Houseman, 415-16.
Claims, Court of, appeals from, to Supreme
Court, 356, 360-1, 431-2; governed by com-
mon law, 444; United States may be sued
in, 465; jurisdiction of, 465.
Clark v. Barnard, 458-9.
Clinton, George, opposed to Constitution,
314.
Clinton, Governor, letter of Board of
Trade to, respecting Massachusetts-Rhode
Island boundary, 119 note.
Coercion of States, Hamilton on, 55; Madi-
son on, 165; and laws operating directly
on individuals, 202, 279 et seq.; provision
for, Randolph plan, 158, 203; provision
for, Patterson plan, 178, 203; considera-
tion of, in Federal Convention, 203 et seq.;
coercion of law v. coercion of force, 279
et seq.; Chief Justice Taney on distinc-
tion between judgment against an individ-
ual and against a State, 453.
Cohens v. Virginia, 409-12, 416, 428.
Coke, Sir Edward, first Virginia charter
drafted by, 70; on judicial power of King,
345-6.
Colden, Cadwallader, member Massachusetts-
New Hampshire boundary commission, 119
note.
Colepepper, Lord, and two Houses of As-
sembly in Virginia, 76, 84 note.
Collector v. Day, 335, 368, 369.
Colonial Laws, right to make, claimed by
colonists, 97; in excess of charter, 97 et
seq., 119 et seq.
Colonies, early plans for union of, 6 et
seq.; English common law in, 15, 25, 90,
91, 92, 97-8; colonial views of relations of,
with Great Britain, 15, 22; efforts of, for
reconciliation with Great Britain, 16, 18,
23, 27, 28, 29; independence declared by,
22 et seq.; claimed right of local self-
government, 22; charters of, 22, 64 et
seq.; a report on the rights and griev-
ances of, 24-6; trade and intercourse with
Great Britain prohibited by, 26, 28; Tax-
ation of Colonies Act, 28; a body politic,
34; union of, under Articles of Confed-
eration, 40 et seq; divided into two sec-
tions by charter of 1606, 70-1; distinction
between northern and southern, 71, 77, 83;
courts and assemblies in, 72 et seq.; dis-
tinguished for system of government, 76-7;
representative assemblies in, 82-3; conflict
of interests of, with those of Great Brit-
ain, 99; boundary disputes between, 100,
101, 109, 118 et seq.; dependent on Crown,
101; independent of one another before
Revolution, 125; three branches of gov-
ernment in, 132, 137-9; independence of,
recognized by Great Britain, 148.
Commerce, state of, under Confederation, 49,
54-5, 145, 166; demands of, considered by
Annapolis Convention, 145-6, 166; with for-
eign nations, to be regulated by Congress,
166, 177, 190; southern States and regu-
lation of, 188-9; two-thirds vote of legis-
lature to regulate, 188; distinct commer-
cial interests of States, 188.
Commissioners of New England Confedera-
tion, appointment of, 7; powers and
duties of, 7, 8; election of president of,
8; authorized to sign agreement on May
19/29, 1643, 9; appeal of Rhode Island
from decision of, 102.
Committee on Appeals, Congressional, es-
tablished by Congress under Confedera-
tion, 218; defects of, pointed out by mer-
chants and citizens of Philadelphia, 219;
appeal to, case of The Active, 220, 221;
superseded by Supreme Court, 222; cases
before, transferred to Court of Appeals in
Cases of Capture, 224; analysis of the
work of, 224.
Committee of Detail, projects for discussion
in Federal Convention referred to, 160;
Patterson, Randolph and Pinckney plans
referred to, 164, 251; organization and
constitution of, 260; report of, 260; mem-
bers of, 260; draft of Constitution pre-
sented by, 260 et seq.; Rutledge, chairman
of, 261; provisions of draft respecting
judiciary, 261-3; 268 et seq.; provision of,
for government per interim, 321; provi-
sion of, respecting jurisdiction of Supreme
Court, 374; text of Randolph plan as pre-
sented to, 529-32; text of report of, 532-40.
Committee on Rules and Orders, establish-
ment and functions of, 153; rules and
orders, 154-5, 156.
Committee of the States, report of, on com-
promise in State equality dispute, 180.
Committee on Style, modifications of, to
article respecting judicial power of the
United States, 264, 273; and expression
supreme law of the land," 277, 303; mem-
bers of, 277, 277 note; text of Constitu-
tion sent to, 541-51; text of Constitution
reported by, 552-69.
Committee on Unfinished Portions, question
of appointment of ambassadors and judges
referred to, 274.
Committee of the Whole, Pinckney plan re-
ferred to, 163; Randolph plan referred to,
163, 250, 252, 254, 255, 256, 257; report of,
on Randolph plan, 176, 177, 524-5; Pat-
terson plan referred to, 257; general prin-
ciples of Constitution considered in, 259-60.
Committee for Hearing Appeals from the
Plantations, composition and functions of,
100; appeal to, from colonial courts, 100;
and petition of Holden and Green, 104 et
seq.; and case of Lechmere v. Winthrop,
120, 348; recommendation, case of Penn v.
Baltimore, 124.
Common Law, relation of to colonies, 15, 25,
90, 91, 92, 97-8; terms of, in Constitution,
439; a general study in colonies, 439; lim-
ited to ciivl cases, 441-2; applicable in cases
covered by special legislative act, 442; in-
terpretation of terms of, 442 et seq.; re-
lation of, to admiralty and maritime juris-
diction, 447-9; relation of, to law of
nations, 447-9. See also English Common
Law.
Common Pleas, Courts of, English, 345-6;
in Philadelphia, 455-6.
Commonwealth v. Caton, 363.
Commonwealth v. Chapman, 445-6.
Compact, the Mayflower Compact, 3; be-
tween Virginia and Maryland, 49; be-
tween Pennsylvania and New Jersey, 49;
social and political, 134; a fundamental
law, 135.
Conciliatory Resolution, 1775, communicated.
to colonies by Lord North, 27; rejected
by Congress, 28.
Concord, battle of, 26, 28, 129.
Confederates, New England, expenses and
spoils of war divided among, 7; admis-
sion of new confederates or plantations,
7; business referred to, by commission-
ers, 8; provision respecting violation of
Articles by the, 8. See also New England
Confederation and Commissioners of New
England Confederation.
Confederation, powers vested in, exercised
by Congress, 42 et seq.; powers renounced
to, by States, 42-3; composed of sov-
ereign, free and independent States, 45;
state of commerce under, 49, 54-5, 145, 166.
See also Articles of Confederation.
Congress under Confederation, formation
and interests of, 40; question of large
and small States before, 41; efforts of,
to increase land values, 42; powers vested
in, 42 et seq.; appellate jurisdiction of,
44; Annapolis Convention unauthorized by,
56, 57; resolution of, convoking Federal
Convention, 57-8; resolution of, respecting
prize cases, 216 et seq.; resolutions of, re-
specting relations of States, 221; estab-
lished permanent Court of Appeal in Cases
of Capture, 223 et seq.; temporary judicial
commissions appointed by, 229 et seq.; ac-
tion of, respecting Northwest Territory,
292-3, 292 note; to continue between adop-
tion of Constitution and organization of
new government, 321; letter transmitting
Constitution to, 570.
Congress under Constitution, powers vested
in, 43; first ten amendments to Constitu-
tion proposed to by first, 46, 323; enumera-
tion of general powers of, 165 et seq.;
commerce with foreign nations to be regu-
lated by, 166, 177, 190; acts of, supreme
law of land, 178, 276-9, 303, 375; power of,
over territories until their admission to
union, 295; power of, to recognize State
governments 303 note, 380-2, 392; to pro-
pose amendments to Constitution, 300-1;
defined extent of power of Supreme Court,
342; act of, respecting pensions, 350, 365;
act of, authorizing judges to adjust claims
under treaty with Spain, 354; act of, re-
specting jurisdiction of Supreme Court,
366-8; act of, respecting drawing of lot-
teries in District of Columbia, 409. See
also Legislative Branch.
Congressional Committee on Appeals. See
Committee on Appeals, Congressional.
Connecticut, settlers of, 4, 5; Fundamental
Orders of, 4, 5; member of New Eng-
land Confederation, 7; represented at Al-
bany Congress, 11; governed under a char-
ter, 22; charter of, 84 note, 103, 119, 121,
131, 348; representative assemblies of, 84
note, 96; charter provisions of, in force
after Declaration of Independence, 84; leg-
islative power of, 96, 97, 101, 119; boundary
disputes, 101-9, 114, 118, 231-4, 237, 292
note; Act of 1699 respecting settlement of
intestate estates, 119 et seq., 348; constitu-
tion of, 131; colonial governor of, elected
by people, 138; courts of, elected by col-
onial authorities, 138; delegates of, to
Federal Convention, 147, 152; in favor of
equal representation and suffrage of States
in Senate, 179-80, 184; claim of, to North-
west Territory, 292 note; opposed to popu-
lar ratification of Constitution, 305, 308.
Conquest, rights of, v. rights of discovery,
91, 92; Blackstone's interpretation of, 92;
laws of, 93 note, 95.
Constitution of the United States, pre-
scribes equal representation of States, 11;
a compromise, 41, 46, 172, 332; govern-
ment under, acts directly on people of
States, 43; powers vested in union by,
43, 161, 165-8; three-fold division of gov-
ernment a principle of, 45; amendments
to, 46, 137, 299 et seq., 323 et seq., 572-6;
ratification of, 46, 164, 301 et seq., 312,
321-2; Articles of Confederation and State
constitutions bases of, 53, 131; Articles
of Confederation replaced by, 53, 58, 147,
161; adoption of, 58; a result of progres-
sive history, 64; colonial charters founda-
tion of, 64; laws inconsistent with, 65, 101,
200, 361; judicial power conferred by,
65, 102, 108, 119 note, 121, 125, 126,
190, 211-12, 374-5, 398 et seq., 427, 429,
430, 438 et seq., 453, 454; a charter of
union, 84; legislative powers conferred by,
137, 172 et seq., 280, 342, 376, 467; instruc-
tions respecting, to delegates to Federal
Convention, 150-3; Randolph plan basis of,
158; other plans for, 163-4; drafted by
Committee of Detail, 164, 260, 532-40; The
Federalist, classic exponent of, 164, 315;
international law in, 167; established a
government of laws and not of men, 168;
seat of government under, 168; established
a government of limited powers, 168; su-
premacy of, enforced, case of The Ac-
tive, 222 note; supreme law of the land,"
276-9, 302 et seq., 375; devised primarily
for the thirteen confederated States, 290;
officers of States and United States bound
by oath to support, 304; derives its validity
from ratification of the States, 309; gov-
ernment under, begun, 322; ratified by
State conventions, 331; Madison's letter to
Hayne respecting, 335-7; text of, 502-11,
552-69; transmitted to Congress, 570;
transmitted to States for ratification, 571.
Constitutions, British constitution, 64; gov-
ernment more perfect under, than under
charters, 139.
Constitutions, State, three-fold division of
government in, 45, 133 et seq.; influence
of colonial charters on, 130-2; bills of
rights prefixed to, 137; governments under,
139-40; courts under, 139; the Constitu-
tion of the United States given precedence
over, 276, 302 et seq., 375; of Arkansas,
457-8; of Connecticut, 131; of Delaware,
126; of Maryland, 196, 307; of Massa-
chusetts, 131 et seq., 138, 156, 201, 274 et
seq.; of New Jersey, 349; of New York,
136, 137, 201; of Pennsylvania, 136, 365;
of Rhode Island, 131, 380; of South Caro-
lina, 198; of Vermont, 290; of Virginia,
76-7, 133.
Constitutional Convention. See Federal Con-
vention.
Continental Congress, First, 1774, a fore-
runner of, in Penn's plan of union, 10;
foresaw necessity for some form of gov-
ernment, 129-30; Franklin's second plan
presented to, 15; met at Philadelphia, 23;
delegates to, 23, 24; Randolph president
of, 24; Declaration and Resolves of, 24-6;
views of members respecting Navigation
Acts and Acts of Trade, 26; advocated
association to cut off trade with Great
Britain, 26.
Continental Congress, Second, independence
declared by, 22, 29 et seq.; recommends
adoption of some form of government,
28-9, 129 et seq.; met at Philadelphia, 26,
129; president of, 26; election of com-
mander-in-chief by, 26-7; adopted Declara-
tion of the Causes and Necessity of Tak-
ing up Arms, 27; efforts of, at concilia-
tion with Great Britain, 27 et seq.; doc-
trines of, 35; action of, respecting matters
of prize, 216-17.
Consuls, how nominated and appointed, 199,
261-2; power of judiciary to pass upon
cases affecting, 212, 262, 263, 277, 398,
403, 417.
Cope, Henry, member, Massachusetts-New
Hampshire boundary commission, 119 note.
Copyrights, power over, given to Congress,
166.
Corporations, charters to, 65, 68; character-
istics of, 66-7; defined, 67; by-laws of,
67, 68.
Council for the Government of Foreign
Plantations, 99.
Counterfeiting, power of Congress to pun-
ish, 166.
Court of Appeals in Cases of Capture, first
permanent tribunal of States, 210 et seq.;
advocated by Washington, 216-18; estab-
lished by Congress under Confederation,
223; judges of, 223; cases before Con-
gressional Committee on Appeals trans-
ferred to, 224; analysis of the work of,
224; cases submitted to, 224 note; Jameson
on influence of, 225; an origin of Su-
preme Court, 225, 244; purpose of, to ob-
tain uniformity of decision in matters of
prize, 244; jurisdiction of, 273, 447; ju-
dicial power of United States extended to
cases decided by, 447.
Courts, under Confederation, 44-5, 214 et
seq., 229 et seq., 247; power of English
courts respecting legislation in excess of
charters, 65; of East India Company, 69-
70; colonial, 72 et seq., 100, 138, 213, 218;
in States, 138, 139, 213; relation of Fed-
eral and State courts, 304, 413-16; a court
defined, 400; right of Congress to bring
cases to cognizance of, 432. See also Su-
preme Court, Judicial Power.
Coyle v. Smith, 294.
Credit. See Bills of Credit.
Crown of England, Pilgrims without char-
ter from 3, 5; disapproved Albany plan
of union, 14; petitioned by colonists for
redress of grievances, 23, 27; Jamaica, part
of possessions and revenues of, 92, 93;
legislative powers of, 94, 95; prerogatives
of, 99; colonies dependent on, 101; in-
terest of, in colonial disputes, 101 et seq.;
certain colonial governors and courts ap-
pointed by, 138; territory ceded to, by
Treaty of Paris, 292.
Cuba, title of, to Isle of Pines, 379 note.
Cumberland, George Earl of, East India
Company charter of 1600, granted to, 69.
Curtis, Mr. Justice, on right of Congress to
bring cases within cognizance of courts,
431-2.
Currency, to be issued by Congress, 43.
Cushing, Thomas, delegate, First Continental
Congress, 23.
Cushing, Justice, member, New York Cir-
cuit Court, 350; commissioner, case of
United States v. Todd, 353.
Davie, William R., member, compromise com-
mittee, Senate suffrage controversy, 185.
Davis and Cargo, The Schooner, 461.
Davis, J. C. Bancroft, cited, regarding work
of committees and Court of Appeals, 224,
224 note.
Day, Mr. Justice, on Root's instructions for
government of the Philippines, 330; on
extra-judicial opinions of Supreme Court
judges, 433; on interpretation of terms of
common law, 443.
Dayton, Jonathan, presence at Federal Con-
vention urged, 176; considered provision
for settling disputes between States un-
necessary, 269.
Dean, Silas, negotiated treaty with France,
1778, 35.
Declaration and Resolves of First Conti-
nental Congress, 1774, adopted, 24; sum-
mary of, 24-6; extract from, on English
law in colonies, 98.
Declaration of the Causes and Necessity of
Taking up Arms, 1775, adopted by Sec-
ond Continental Congress, 27.
Declaration of Independence, some form of
general government necessitated by, 15;
justified, 22; conditions which occasioned,
22; Richard Lee's motion respecting, 29 et
seq., 40, 135, 217; drafting committee of,
29; draft of, presented by committee, 30;
signed and published, 30; summary of, and
comments on, 30 et seq.; drafted by
Thomas Jefferson, 30, 33, 135; ideas and
language of, derived from English phil-
osophers, 25-6; French influence on, 35-6;
vested sovereignty in the people, 133, 308;
government derives powers from consent
of governed, 140; declares colonies free
and independent States, 455; text of,
492-4.
Declaration of Rights. See Bill of Rights.
De Lancey, James, member, Massachusetts-
New Hampshire boundary commission, 119
Delaware, excluded from Albany plan of
union, 11; interest of, in navigation of
Chesapeake Bay, 56; represented at An-
napolis Convention, 56, 146; appointed
delegates to Federal Convention, 56, 146;
representative assemblies in, 85 note; char-
ter of, 86 note; disputes between Penn
and Lord Baltimore respecting territory
of, 121-5; constitution of, 126; court of
appeals in, 126, 139; instructions of, to
delegates to Federal Convention, 150-2, 153;
insisted on equal vote of States in both
branches of legislature, 151-2, 153, 173-4,
184, 185; vote of, respecting popular rati-
fication of Constitution, 305, 308; ratifi-
cation of Constitution by, 309, 310, 571
note; ratification of first ten amendments
to Constitution by, 572 note.
De Lovio v. Boit, 447 note.
Dent, Mr. Justice, "supreme court" defined
by, 400.
Detail, Committee of. See Committee of
Detail.
Dickerson, Oliver Morton, on settlement of
colonial boundary disputes, 118 note, 119
Dickinson, John, draft of Articles of Con-
federation presented by, 18, 40, 41-2, 237;
drafted conciliatory petition to King, 27;
chairman of committee to report form
of confederation, 40; delegate of Delaware
to, and chairman of Annapolis Conven-
tion, 56; Delaware delegate, Federal
Convention, 151, 237; compromise motion
of, respecting election of senators by State
legislatures, 173, 179, 180; in favor of
equal suffrage of States, 177; president
of Pennsylvania, 233; member of court,
South Carolina-Georgia boundary dispute,
237; refused to sign Declaration of In-
dependence, 237; opposed to limitation of
judicial power of United States, 252;
views of, respecting institution of national
judiciary by legislature, 253; proposal, re-
specting tenure of judges, 263; motion of,
respecting appellate jurisdiction of Su-
preme Court, 273.
Dickinson, Philemon, member of court,
South Carolina-Georgia boundary dispute,
237.
Disarmament, States voluntarily submitted
to, 210.
Discovery, right of, v. right of conquest, 91;
true basis of possession, 92; laws of con-
quest, 93 note.
Disputes. See Boundary disputes.
District of Columbia, seat of government
under Constitution, 168; act of Congress,
permitting the drawing of lotteries in, 409.
Doderidge, Sir James, drafted first Virginia
charter, 70.
Drafting Committee of Declaration of Inde-
pendence, 29, 30.
Drayton's Articles of Confederation, treaty-
making provision in, 198 note.
Duane, James, District Judge, New York
Circuit Court, 350; member of court, South
Caroline-Georgia boundary dispute, 237.
Duties, right of States to lay, renounced, 43;
power of Congress to collect, 166; pro-
vision respecting, Patterson plan, 177.
Dyer, Eliphalet, agent, case of Pennsylvania
v. Connecticut, 232.
East India Company, charters of, 64, 69-70,
71, 73, 76; a joint-stock company, 68;
origin of Empire of India, 70; organization
of, 70.
East Jersey. See New Jersey.
Eastland Company, a regulated company, 68.
Edward VI, statute of, against buying offices
concerning the administration of justice, 92.
Elizabeth, Queen, charter to George, Earl of
Cumberland, 69, 70, 71; charter to East
Indian Company, 73.
Elliot, Andrew, member New York-New Jer-
sey boundary commission, 1767, 116
Elliot, Jonathan, on debates in the Federal
Convention, 53.
Ellsworth, Oliver, Connecticut delegate, Fed-
eral Convention, 152; motion of, respecting
term “national” in relation to the legis-
lature, 161; in favor of equal suffrage of
States, 176; on necessity of maintaining
the State governments, 180, 184; urged
equality of suffrage in Senate, 179-80, 181-2,
184; member compromise committee, Sen-
ate suffrage controversy, 185; views of,
respecting principle of coercion, 206, 281-2;
member, Committee of Detail, 260; in fa-
vor of ratification of Constitution by State
legislatures, 305, 307, 308; on determination
of constitutionality by Supreme Court, 364;
chairman, drafting committee of Judiciary
Act, 1789, 403, 414; proposed investing ju-
diciary with political functions, 418; opin-
ion of, respecting inclusion of law of
crimes in common law, 441.
Embassies, to be sent and received by Con-
gress, 43. See also Ambassadors.
Endicott, John, director of "London's Plan-
tation in Massachusetts Bay in New Eng-
land," 81.
England. See Great Britain and Crown of
England.
English Common Law, indelible allegiance a
doctrine of, 90; relation of, to colonies,
90 et seq.; application of, to Jamaica, 92-3;
early colonists not familiar with, 98; doc-
trine of primogeniture under, 119-20; Con-
necticut Act of 1699 declared contrary to,
121; influence of, on nature of judicial
power in Constitution, 343.
English subjects, colonists declared by char-
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