ters to be, 90; discovery by, 92; bound
by acts of Parliament, 93.
Erstern, The, 224 note.
Executive, of States, 136, 138; differences of
opinion respecting, in Federal Convention,
195; a single executive, 195; term of office,
195-6; system of election of, 196-7; his
oath of office, 197; his powers, 197, 324;
relations of, with legislative department,
197, 200 et seq., power of, respecting
treaties, 197-9; vested with exercise of
political power, 376 et seq. See also Presi-
dent, Vice-President.
Executive Power, under Articles of Confed-
eration, 43 et seq., 160, 341; of New Eng-
land Company, 72; of Privy Council, 99;
provisions respecting, in charters, 132-3; in
State constitutions, 136, 138; in Constitu-
tion, 138, 342; in Randolph plan, 158-9,
161, 194-5, 199, 200, 250; Sir Henry Maine
on, 280; in Patterson plan, 178.
Experiment v. The Chester, 224 note.
Federal Convention, Rhode Island not rep-
resented in, 7, 147; question of large and
small States in, 41, 148, 151-3, 172 et seq.,
250, 255 et seq., 300; revision of Articles
of Confederation original purpose of, 47,
53, 57, 58, 130, 247; leadership of Madison
in, 48; replaced Articles of Confederation
by Constitution, 53, 147; recommended by
Annapolis Convention, 56-7, 146, 150,
166; recommended by Congress, 57-8, 146-
7; drafted Constitution, 84, 130; New York
State constitution a source of proposals
in, 136-7; differences of opinion in, re-
specting question of executive power, 138,
195; method of choosing judges consid-
ered by, 138; met at Philadelphia, 147-8;
organization of, 148-9; an international con-
ference, 129, 466; instructions to delegates,
150-3, 173; a conference of twelve States,
153; committee on rules and orders, 153-5;
international aspects of, 155-6; opening of
the Convention, 156; Randolph's fifteen res-
olutions, 158-60; change of purpose of,
160; other "plans," 163-4; question of
"national" v.. federal" government be-
fore, 164-5; summary of powers granted
to union by, 165-8; spirit of compromise
in, 172; duties of committees of, 254; con-
templated union of more than thirteen
States, 290; insisted on separation of politi-
cal and judicial powers, 418; text of let-
ter of, transmitting Constitution to Con-
gress, 570. See also Committees.
Federal Court of Appeals. See Court of
Appeals in Cases of Capture.
Federalist, The, classic exponent of the Con-
stitution, 164, 274-5, 362; Hamilton, Madi-
son and Jay, authors of, 164, 274; on in-
dependence of Vermont, 241; on lack of
judicial power under Confederation, 247-
8; on sovereign immunity from suit, 248-9;
on power of Supreme Court to declare
laws unconstitutional, 362, 363-4; on con-
current jurisdiction of State and Federal
Courts, 414-15.
Field, Mr. Justice, on terms cases" and
controversies," 429-30; on immunity from
suit and extent to which it may be re-
nounced, 459-60.
Fleming, William, member court, Massachu-
setts-New York boundary dispute, 235.
Foreigners, cases affecting, in provisions of
Randolph plan, 159.
Foster v. Neilson, 376-8, 379, 379 note, 382.
Frame of Government, 1682 (Pennsylvania),
representative assembly under, 85 note.
Framework Knitters v. Green, Master and
Company of, 67.
France, alliance of American colonies with
Indians in case of war with, 11; treaty
of, with Great Britain at close of Seven
Years' War, 14, 24, 94, 292, 347; alliances
of, with United States, 34-5, 45; pre-
tensions of, to lands around Green Moun-
tains, 238; in command of Lake Cham-
plain, 238; desired union of American
States, 293; territory in Louisiana ceded
to, by Spain, 376-7; ceded territory
to United States by treaty of 1803,
377.
Franklin, Benjamin, Pennsylvania delegate,
Albany Congress, 11; indignities suffered
by, at hands of British, 18; views of, re-
specting conciliation with Great Britain,
18; member, drafting committee, Declara-
tion of Independence, 30, 30 note, 35; first
minister to France, 35; negotiated treaty
with France, 1778, 35; in favor of single
legislative house, 136, 172; president of
Pennsylvania, 148; considered in connec-
tion with presidency of Federal Conven-
tion, 149; personality in Federal Conven-
tion, 149; remarks on dispute respecting
equal suffrage in Senate, 182; member
compromise committee, Senate suffrage
controversy, 185; on conflicting interests in
Federal Convention, 333-4, 467; on use of
Vattel's work in Continental Congress,
439-40.
Franklin Plan, 1754, why rejected, 6, 14;
presented to, and adopted by Albany Con-
gress, 11; summary of, 11-14.
Franklin's Plan, 1775, laid before Contin-
ental Congress, 15-16; summary of, 16-
17; not adopted, 17; Dickinson's draft of
Articles of Confederation similar to, 18,
41-2.
Franklin, William Temple, proposed as sec-
retary, Federal Convention, 149; not
elected, 149-50.
French and Indian War, Washington in, 14;
expenses of New York in, 115; States
parties in, 213.
French Revolution, and influence of Rous-
seau, 31.
Frothingham, Richard, on Franklin's first
plan of union, 6; on principle underlying
New England Confederation, 9 note; on
representative assemblies, 83-6 notes.
Fuller, Mr. Chief Justice, on case involving
action of political departments of govern-
ment, 379 note; opinion of, in case in-
volving distinction between suits of a civil
nature and suits coming under law of
nations, 440 note.
Fundamental Orders of Connecticut, first
written constitution, 4; preamble to, 5;
provisions of, 5.
Garcia v. Lee, 379, 379 note.
General Assemblies, of East India Company,
70; of Virginia, 74, 75, 76; of Massachu-
setts, 80, 82-3; of Grenada, 94, 96, 247;
of Jamaica, 95; of Connecticut, 96; of
New York, 137.
George III, grievances suffered by colonies
at hands of, 30; proclamation of, respect-
ing General Assembly of Grenada, 94, 96,
247.
Georgia, excluded from Albany plan of union,
11; not represented at First Continental
Congress, 23, 24; represented at Second
Continental Congress, 26; wars and treat-
ies of, with Indians, 49; appointed dele-
gates to Federal Convention, 57, 146; rep-
resentative assemblies in, 86 note; instruc-
tions to delegates, Federal Convention, 152;
vote divided on question of equal suf-
frage of States in Senate, 176, 176 note,
184; opposed to equality of States in Sen-
ate, 185; in favor of popular ratification
of Constitution, 305, 308; ratification of
Constitution by, 310, 571 note.
Georgia v. Stanton, 386-9.
Germans, customs of, depicted by Tacitus, 76.
German States, customs union in, 55.
Gerry, Elbridge, on representation of States
in two branches of legislature, 130; fa-
vored compromise, Senate suffrage contro-
versy, 184-5; chairman compromise commit-
tee, Senate suffrage controversy, 185;
urged establishment of prize jurisdiction
in Massachusetts, 216; proposed a bill of
rights to Constitution, 328; in favor of
separation of judicial and other powers,
314, 418, 419.
Gibbons v. Ogden, 59-60.
Gladstone, Wm. E., statement of, regard-
ing British and American constitutions,
64.
Gloucester, The, 224 note.
Goldsborough, Robert, member of court,
South Carolina-Georgia boundary dispute,
237.
Gordon v. United States, 356-60, 453.
Gorham, Nathaniel, on commercial motive
to union of Eastern States, 188, 189-90;
called attention of Federal Convention to
method of appointment of public officials
in Massachusetts, 199; in favor of appoint-
ment of Supreme Court judges by execu-
tive with consent of the Senate, 258; mem-
ber, Committee of Detail, 260; considered
special provision for settling suits between
States unnecessary, 269; in favor of sep-
aration of judicial and other powers, 418,
419.
Government, under Constitution, a govern-
ment of laws, 168; seat of, 168; a govern-
ment of limited powers, 168; per interim,
321; new government begun, 322; relation
of Court to, 369.
Governor, signature of, to statutes and bills
required by State constitutions, 136; mem-
ber of council for revision of bills to be
passed by legislature, 136-7; powers en-
trusted to by States, 197.
Governor and Company of the Massachu-
setts Bay in New England, creation of
by charter of 1628-9, 79, 80.
Governor and Company of Merchants of
London Trading to the East Indies. See
East India Company.
Gray, Mr. Justice, decision, case involving
action of political departments of the gov-
ernment, 379 note; on interpretation of
terms of Constitution in light of common
law, 444; decision indicating gravity of
offense against law of nations, 449; on
reason for exemption of State from suit,
454.
Great Britain, conquest of Canada by, 14,
23; efforts of colonies at reconciliation
with, 16, 18, 23, 27, 28, 29; regarded col-
onies from imperial standpoint, 22-3; proc-
lamation of rebellion issued by, 28; renun-
ciation by, of right to impose taxes on a
colony, 28; Treaty of Peace with United
States, 49, 60, 276, 277; Island of Granada
Iceded to, by treaty of 1763 with France,
94; conflict of interests of, with those of
colonies, 99; western territory ceded to, by
France, 292.
"Green Mountain Boys," defeated Hessians
at battle of Bennington, 239.
Greene, Nathaniel, declined position as mem-
ber of court, Pennsylvania v. Connecticut,
232.
Grenada, legislative authority vested in gen-
eral assembly of, 94, 96; ceded to Great
Britain by France, 94, 347.
Grenville's Act, 1770, for trial of disputed
elections, 230.
Grier, Mr. Justice, on prize cases and power
of president under international law,
382-3.
Griffin, Cyrus, Judge, Court of Appeals in
Cases of Capture, 223; member of court,
Pennsylvania v. Connecticut, 232, 233.
Guizot, F., on assemblies, 76.
Habana, The Paquete, 449.
Hague Conference, Pacific Settlement Con-
vention of, 269, 468.
Hamilton, Alexander, on coercion of States,
55, 204, 205; delegate of New York to
Annapolis Convention, 56; proposed Major
Jackson for secretary of the Federal Con-
vention, 149-50; suggestion for a constitu-
tion by, 164, 527-8; secured ratification of
Constitution in New York, 164, 314-15;
and The Federalist, 164, 204, 205, 314-15,
362; on independence of Vermont, 241;
on defective judicial system under Con-
federation, 247-8; on immunity of sovereign
from suit, 248-9; member, Committee on
Style, 277 note; views of, respecting a
conditional ratification of the Constitu-
tion, 309; views of, on interpretation of
Constitution, 332; on power of judiciary
to declare laws unconstitutional, 363-4;
held judicial power to be concurrent,
414-15.
Hamilton, John, member Massachusetts-New
Hampshire boundary commission, 119 note.
Hancock, John, succeeded Randolph as presi-
dent of Second Continental Congress, 26,
216, 310; signed Declaration of Independ-
ence as president of Congress, 30, 310;
views of, respecting amendments to Con-
stitution, 310.
Hans v. Louisiana, 419.
Hanson, Alexander Contee, member of court,
South Carolina-Georgia dispute, 237.
Hardwicke, Lord. See Yorke, Sir Philip.
Harlan, Mr. Justice, on right of United
States to withhold moneys received by it
under a treaty, 432-3.
Harris, William, pretensions of, subject of
Holden & Green petition, 102-9.
Harrison, Benjamin, on influence of New
Englanders in Congress, 41.
Hayburn's Case, 352, 353, 365.
Haymilton, Otho, member, Massachusetts-
New Hampshire boundary, 119 note.
Heathfield v. Chilton, 448.
Henry, Patrick, opposed to Constitution, 312;
declined appointment to Federal Conven-
tion, 312.
Henry IV, project of, respecting establish-
ment of European diet, 9, 333.
Hessians, defeated at battle of Bennington,
239.
Hobart, Sir Henry, on by-laws of corpora-
tions, 67; drafted second Virginia char-
ter, 71; drafted third Virginia charter,
72.
Holden and Green, petition of, 101-9.
Holland, Treaty of, with United States, Oc-
tober 8, 1782, 49, 60.
Holland, Samuel, member of New York-
New Jersey boundary commission, 1767,
116.
Holmes, Mr. Justice, on source of immunity
of sovereign power from suit, 454-5.
Holmes v. Walton, 349, 363.
Holt, Chief Justice, on jurisdiction of a cor-
poration, 68; on rights of discovery and
conquest, 92.
Holton, S., agent, Massachusetts-New York
boundary dispute, 235.
Hooker (Richard), influence of doctrines
of, on Declaration of Independence, 35.
Hooker, Thomas, on spirit of Pilgrims, 3.
Hosmer, Titus, Judge, Court of Appeals in
Cases of Capture, 223.
House of Burgesses, Virginia, 23, 83, 84
note; colonial assemblies sometimes called,
132.
House of Representatives, represents people
of States according to population, 172;
great debate on, question of representa-
tion in, 173 et seq.; compromise respect-
ing proportional representation in, 156-7;
rule of suffrage for, 187; and presidential
election, 196; debate in, on Madison
amendments, 325. See also Legislative De-
partment.
Houston, William Churchill, member of
court, Pennsylvania v. Connecticut, 235,
236.
Hudson Bay Company, a joint-stock com-
pany, 68.
Hunter, governor of New York, 110; com-
missions issued by, respecting New York-
New Jersey boundary dispute, 110, 113.
Hutchinson, Thomas, on Virginia House of
Burgesses, 23; on original charter of Mass-
achusetts, 65; on representative institutions
in Massachusetts, 82-3; plan of, for treaty-
making with Indians, 198 note.
Impeachments, of national officers, Randolph
plan respecting, 159; cases of, withdrawn
from power of president, 197; trials of,
272-3.
Imposts, power of States to lay, renounced,
43; power of Congress to lay and col-
lect, 166.
Independence, a fundamental right, 22; ques-
tion of, forced upon Second Continental
Congress, 29; proclaimed, 30; regulated by
Articles of Confederation, 40; of colonies
recognized by treaties, 60, 148; colonies in-
dependent of one another before Revolu-
tion, 125; of States, 455. See also Dec-
laration of Independence.
Indians, Six Nations of, Congress to treat
with, convoked by Great Britain, 11; pur-
chase from, of land called Indiana, 242.
Indians, not taxed, 42, 177-8; wars and treat-
ies of Georgia with, 49; right of, to pos-
session, 91; Jamaica conquered from, 92;
purchase of Rhode Island from, 102-4, 107;
voluntary submission of Narragansett In-
dians to British Government, 101; power
of Congress to regulate commerce with,
166; territories reserved to, 292 note.
Ingersoll, Jared, member, New York-New
Jersey boundary commission, 116.
Instructions to delegates, Federal Conven-
tion, 150-3, 173.
International Law, in Constitution, 167;
rights of presidents under, 382; the com-
mon law of nations, 439.
International case," defined, 431.
Iredell, Mr. Justice, on sovereignty of the
States, 333; judge, North Carolina Circuit
Court, 351; on distinction between con-
troversies of a civil and criminal nature,
429, 431, 442.
Jackson, Andrew, refused third term as pres-
ident, 195-6.
Jackson, Major James, secretary of Federal
Convention, 150.
Jamaica, part of possession and revenue of
Great Britain, 92, 93; conquest in, 92-3;
general assembly of, 95; proclamation of
Charles II inviting settlers to, 95.
James I, granted first Virginia charter to
London and Plymouth Companies, 70;
charter of, less liberal than that of Eliza-
beth, 71; question respecting power of, to
administer justice, 345.
James, Vice Chancellor, decision of, suit of
United States against Confederate govern-
ment, 463.
Jameson, Professor, cited, respecting case of
The Active, 222, 223; on influence of
Court of Appeals, 225; on Grenville's Act
of 1770 and method of Confederation for
settling boundary disputes, 230-1.
Jamestown, first representative assembly in
America held at, 74.
Jay, John, on Articles of Confederation, 46-
7; clerk of commission to adjust New
York-New Jersey boundary dispute, 1767,
116; and The Federalist, 164, 205, 314, 362;
agent, Massachusetts-New York boundary
dispute, 235; advocated Constitution in New
York Convention, 315; Chief Justice, Cir-
cuit Court for District of New York, 350;
commissioner, cases of United States v.
Todd, 353; opinion respecting inclusion of
criminal law in common law, 441.
Jefferson, Thomas, drew up report rejecting
Lord North's conciliatory resolution, 28;
chairman drafting committee, Declaration
of Independence, 29; draft in writing of,
presented to Congress, 30, 33, 135; state-
ment of, respecting authorship of Declara-
tion of Independence, 30 note; influenced
by English liberal writers, 36, 36 note;
and French ideas and conceptions, 36, 36
note; views of, respecting Articles of Con-
federation, 47; on colonial laws of New
England, 97; on colonial laws, 98; re-
fused third term as president, 195.
Jekyll, Sir Joseph, on laws of conquest and
discovery, 93 note.
Jennings v. Carson, 225.
Johnson, Andrew, and Reconstruction Acts,
383-4.
Johnson, Thomas, member court, Massachu-
setts-New York boundary dispute, 235.
Johnson, William Samuel, Connecticut dele-
gate to Federal Convention, 152; on nec-
essity of maintaining State governments,
180; statement of, concerning different con-
ceptions of a State, 181; agent, case of
Pennsylvania v. Connecticut, 232; member
court, Massachusetts-New York boundary
dispute, 235; motion of, respecting exten-
sion of jurisdiction of Supreme Court,
263, 264, 265, 374; considered special pro-
vision for settling suits between States un-
necessary, 269; member Committee on
Style, 277 note.
Johnson, Mr. Justice, opinion, respecting
Cherokee Nation as a domestic State, 388;
on common-law jurisdiction in criminal
cases, 441-2; on applicability of common
law in cases covered by special legislative
act, 442.
Johnson v. McIntosh, 91, 421.
Joint-stock Companies, definition of, 68; ad-
vantages of, 69.
Jones v. United States, 379 note.
Jones, Joseph, member of court, Pennsylva-
nia-Connecticut boundary dispute, 232.
Journals of the Continental Congress, 17, 231,
232, 235, 236, 241.
Journal of Federal Convention, 155, 156, 162,
250, 251, 252.
Judicial commissions, temporary, provided
for, by ninth article of Confederation, 229,
341-2; nature of, 229; influence of Privy
Council on, 230; cases settled by, 231 et
seq.; significance of, 238; Congress refused
to appoint, controversy between New Jer-
sey and Virginia, 242-4.
Judicial power, under Confederation, 44, 45,
109, 119 note, 126, 160, 210 et seq., 229 et
seq., 247-9, 268-9, 341-2, 455-7; determina-
tion of constitutionality by, 65, 101, 121,
349, 374; extension of, to territorial dis-
putes, 102, 108, 119 note, 125; in colonies,
132-3; under State constitutions, 133, 136,
138-9; provisions for, Randolph plan, 159,
250 et seq.; provision for, Patterson plan,
177, 250; necessity for a common judiciary,
247; vested in Supreme Court, 252 et seq.,
374 et seq.; extended to international ques-
tions, 268 et seq., 378; of States, bound
by the Constitution, 303; nature of, 341-70;
extent of, defined by Congress, 342; in
whom vested, 342, 398; defined by Court
itself, 343; influence of English common
law on nature of, 343; English cases on,
344-9; an American case, 349; distinction
between judicial and other powers, 350 et
seq.; finality of decision essential to, 360,
400; only power possessed by court, 374,
375; contrasted with political powers, 376
et seq.; extent and exercise of, 398-404;
of Federal and State courts concurrent,
413-14; political power may become ju-
dicial, 420-4; extends to cases only, 427-
434; relation of, to law and equity, ad-
miralty, martime and international law,
438 et seq.; of United States over States,
453.
Judiciary Act, 1789, 350, 402-4, 414, 416. 429.
Jurisdiction, appellate, of Congress under
Confederation, 44; admiralty, 213, 218, 220
et seq.; defined, 400; determination of, 401-
2; maritime, 447-9. See also Supreme
Court, Jurisdiction of.
Kendal, Postmaster-General, v. Stockton and
Stokes, 384.
Kennedy, Archibald, member Massachusetts-
New Hampshire boundary commission, 119
Kennet v. Chambers, 379 note.
Kent, James, on dependency of territories
upon Congress, 295.
Kentucky, creation and admission of State
of, 290.
Kepner v. United States, 331, 442-3.
Kilbourn v. Thompson, 342-3.
King. See Crown of England.
King in Council, appeal to, 100 et seq., 213,
348, 420; legislative power of, 200; New
Hampshire dismembered by, 238.
King's Bench, decisions of, 94, 346-7, 347-8.
King v. McLean Asylum, 431.
King of Spain v. Machado, 422.
King's Province. See Rhode Island.
King, Rufus, on procedure in Federal Con-
vention, 154; on representation of New
Hampshire in Federal Convention, 175;
motion of, respecting Randolph and Pat-
terson plans, 179; agent, Massachusetts-
New York boundary dispute, 235; opposed
to limitation of judicial power of United
States, 252; member, Committee on Style,
277 note.
Koonce v. Doolittle, 400.
Kwananakoa v. Polyblank, 454-5.
Kyd, Stewart, on corporations, 66-8.
La Abra Silver Mining Company v. United
States, 431-3.
Land and Trading Company, grant by Coun-
cil of New England to, 79.
Land tax, provision respecting, in Articles of
Confederation, 42.
Lane County v. the State of Oregon, 370.
Langdon, John, on spirit of concession neces-
sary for establishment of Constitution, 172.
Law and Equity, definition of, 438; how un-
derstood by framers of Constitution, 440-1.
Law of Nations, in the Constitution, 167;
power of Congress to punish offences,
against, 167, 211; recognized letters of
marque and reprisal, 167; recognizes cap-
tures on land and water, 167; rights of
presidents under, 382; relation of, to com-
mon law, 439, 448-9.
Law, Richard, commissioner, case of United
States v. Todd, 353.
Lechmere. See Winthrop v. Lechmere.
Lee, Arthur, negotiated treaty with France,
February 26, 1778, 35.
Lee, Richard Henry, motion of, in Congress
for a declaration of independence, 29-30,
34, 40, 135, 217; views of, respecting Jef-
ferson's draft of the Declaration of Inde-
pendence, 30 note.
Legislative Department, two branches of, 25,
76, 158, 172-3; provisions fór, Randolph
plan, 158-9, 161, 172 et seq., 190, 250-1;
provisions for, Patterson plan, 177-8; com-
promises respecting, in Federal Conven-
tion, 172, 187 et seq.; questions of repre-
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