sentation in, 172, 173 et seq.; equality of
States in, 175-7; Connecticut proposal con-
cerning, 179; diversity of views respecting,
181 et seq.; victory of the smaller States
in the matter of the, 185; southern States
and two-thirds vote of, 188; legislative
branch a check upon executive in matter
of treaties, 198-200; a check upon the
legislature, 200 et seq.; impeachment of of-
ficers of the United States removed from
judicial to, 272; vested with execise of
political power, 376 et seq.
Legislative Powers, prescribed by May-
flower compact, 5; of Confederation, 43 et
seq., 137, 160, 173, 181, 341; of East India
Company, 70; not granted by first Virginia
charter. 71; of London Company, 72; of
colonies, 84 note, 85 note, 86 note, 132-3;
of Privy Council, 99; under State consti-
tutions, 136-7; grant of, under Constitu
tion, 137, 190-1, 280, 342, 467.
Leverett, Governor of Massachusetts, 105,
106.

Lexington, battle of, 26, 28, 129.

Lincoln, Abraham, blockade of southern
ports by, 382-3.

Livingston, Phillip, member, Massachusetts-

New Hampshire boundary commission,
119 note.

Livingston, Robert R., member, drafting
committee, Declaration of Independence,
30; remarks, case of Pennsylvania v. Con-
necticut, 234; agent, Massachusetts-New
York boundary dispute, 235; advocated
Constitution in New York Convention, 315.
Livingston, Walter, agent, Massachusetts-
New York boundary dispute, 235.
Locke, doctrines of, in Declaration of Inde-
pendence, 30 note, 35, 36 note; Thomas
Jefferson a student of, 36 note.
London Company, southern portion of North
American coast assigned to in 1606, 71, 77;
provisions of charter of 1609 to, 71-2, 77;
summary of third charter of 1612 to, 72-4;
commission of, convoking representative
assembly at Jamestown, 64; powers of, re-
sumed by Crown in 1624, 76; separated
from Plymouth Company under charter of
1609, 77.

London's Plantation in Massachusetts Bay in

New England, title of local government
established at Salem by Massachusetts
charter, 1628-9, 81.

Lords Commissioners of Trade and Planta-
tions, opinion rendered to, respecting Eng-
lish common law in relation to colonies,
96, 97; foundation and purpose of, 99, 100,
109; appeals from colonial courts to, 100;

decree of, respecting Atherton purchase,
103; disallowed New Jersey Act of 1748,
111, 114-15, 117; case of Penn v. Lord
Baltimore referred to, 123.

Lords of Appeal. See Appeal, Lords of.
Lottawanna, The, 477 note.

Lowell, John, agent, Massachusetts-New
York boundary dispute, 235.
Luke v. Hulbert, 224 note.

Lurton, Mr. Justice, on constitutional equal-
ity of States, 294.

Luther v. Borden, 303 note, 379 note, 380-2,
392.

Madison, James, urged a Federal Constitu-
tion, 47, 48; summary of weaknesses of
Articles of Confederation by, 47-53; char-
acter of, 48; leadership of, in Federal Con-
vention, 48; views of, respecting public
offices, 53; and authorship of Virginia
Plan, 53, 195, 200, 203, 250, 279; on situa-
tion of States in matters of commerce, 55;
part of, in convocation of Annapolis Con-
vention, 56, 145; Virginia delegate to An-
napolis Convention, 56; reporter of the
Federal Convention, 147; "father of the
Constitution," 147, 237, 335; on terms "na-
tional" and "federal," 161-4, 203; and The
Federalist, 164, 205, 314, 362; on coercion
of States, 165, 203-4, 206-7, 257, 279, 280,
281; opposed to equal suffrage of States
in national legislature, 173-4, 177; on sit-
uation of larger States respecting Senate
suffrage compromise, 186-7; statement of,
respecting president as agent in treaties,
198 note; in favor of a check upon the
legislature, 200-1; in favor of granting
Congress power to negative State legis-
lation, 202; member of court, South Caro-
lina-Georgia boundary dispute, 237; op-
posed to limitation of judicial power of
the United States, 252-3; favored estab-
lishment of inferior tribunals by national
legislature, 253; views of, respecting nomi-
nation and appointment of Supreme Court
judges, 255, 258; on jurisdiction of national
judiciary, 259, 264, 265; motion of, re-
specting expression "judicial power," 268;
in favor of giving paramount effect to
treaties, 276-7; member, Committee on
Style, 278 note; in favor of equality of
Western States, 291, 294; views of, re-
specting the system of double Constitu-
tions, 302; in favor of popular ratification
of Constitution, 305-6, 307; opposed to
conditional ratification of the Constitution,
309; proposed amendments to Constitution,
310, 323 et seq.; advocate of Constitution

in Virginia Convention, 313; in favor of
incorporating amendments into text of
Constitution, 327; on method of electing
president, 329; on amendments to Consti-
tution, 329-30; on interpretation of Con-
stitution by State Conventions, 331-2; let-
ter to Hayne, on Constitution, 335-7; on
necessity for a Supreme Court, 358; views
of, respecting exercise of power by courts,
374; proposed investing national judiciary
with political functions, 418.
Maine, Sir Henry Sumner, on French in-
fluence on American political philosophy,
35-6; on the Supreme Court, 280.
Mansfield, Lord, on legislative power of
King, 94, 95, 96, 99, 347; on by-laws, 347;
on international and common law, 448.
Marbury v. Madison, 361, 366-8, 384, 427.
Maritime Jurisdiction, judicial power of the
United States extended to cases of, 212,
447, 449.

Marshall, Chief Justice, on Articles of Con-
federation, 47; on sovereignty of States,
59-60; on rights of discovery, 91; case of
The Active tried before, 222; on division
of sovereign powers, 334, 369; on duties
of judicial department, 361, 370; on de-
termination of constitutionality by judic-
iary, 364; on act of Congress enlarging
original jurisdiction of Supreme Court,
366-8; on the judiciary and international
relations, 377-8; on the judicial nature of
a treaty as a contract, 378; opinion of,
respecting the appellate jurisdiction of the
United States and the liability of States,
409-12; on cases arising in law and equity,
412, 438; on concurrent powers of Fed-
eral and State Courts, 416; case" de-
fined by, 427-8; on state as a corporator
not exempt from suit, 464-5.
Martin, Luther, in favor of equal suffrage

of States, 176; member compromise com-
mittee, Senate suffrage controversy, 185;
motion of, respecting supremacy of laws
of union, 275-6; opinion of, respecting
amendments to Constitution, 300, 301; in
favor of separation of judicial and politi-
cal powers, 418.

Martin v. Hunter, 405-9, 410, 453.
Maryland, represented at Albany Congress,

11; governed under a charter to a pro-
prietor, 22; last state to ratify Articles
of Confederation, 40, 231, 293; compact
of, with Virginia an encroachment on
Federal authority, 49; laws of, favoring
own citizens, 49; part of, in Annapolis
Convention, 55, 56, 145; representative as-
semblies in, 84 note; grant of, to second

Lord Baltimore, 121; charter of, 121, 121
note, 122-3; boundary dispute, 121-5; col-
onial governor and courts of, appointed by
proprietor, 138; appointed delegates to
Federal Convention, 147; instructions to
delegates, 153; in favor of equal repre-
sentation of States in Senate, 184, 185;
constitution of, 196, 307; views of, re-
specting independence of Rhode Island,
241; contention of, respecting northwest-
ern territory, 291-2, 292 note; vote of, on
question of popular ratification of Con-
stitution, 305, 308; ratification of Consti-
tution by, 311, 571 note; unconstitutional
law of, taxing agent of government, 368-
9; ratification of first ten amendments by,
572 note.

Mason, George, Virginia delegate to An-
napolis Convention, 56; drafted Virginia
Bill of Rights, 135; on procedure in Fed-
eral Convention, 154; views of, respecting
coercion of States, 164-5, 203, 205-6; mem-
ber compromise committee, Senate suffrage
dispute, 185; opposed to recognition of
slavery in Constitution, 189; favored crea-
tion of inferior tribunals, 259; in favor
of equality of Western States, 291, 294;
in favor of popular ratification of Con-
stitution, 305-6, 307; opposed Constitution
in Virginia Convention, 313; proposed bill
of rights to Constitution, 328.
Massachusetts, separatists from, founded
Connecticut, 4; General Court and Assembly
of, 4, 78, 82-3, 132; member of New Eng-
land Confederation, 6; jurisdiction of, not
recognized by Rhode Island, 7; delegates
from, to Albany Congress, 11; delegates
from, to First Continental Congress, 23;
resolution of House of Representative of,
respecting a Continental Congress, 23;
troops raised by, without consent of Con-
federation, 49; government developed by,
model for northern colonies, 64; charters
of, 65, 79-82, 83-4, 84 note, 131, 132; com-
pared with Virginia, 78, 83; Governor and
Company of the Mattachusetts Bay in
Newe England, 79, 80, 81; representative
assemblies in, 82-3, 84 note; judiciary
under constitution of, 138-9; Bill of Rights
of, 140; appointed delegates to Federal
Convention, 147; instructions to delegates,
152; vote of, on question of equal suf-
frage of States in Senate, 184; opposed
to taxing exports, 188; practice of, re-
specting appointment of public officials,
199; first prize court established in, 216;
Provincial Congress of, 216; selection of
judges by executive with consent of leg-

islative in, 258; recognized independent
statehood of Vermont, 241; claim of, to
western New York, 292 note; claim of,
to northwest territory, 292; in favor of
popular ratification of Constitution, 305,
308; ratification of Constitution by, 310,
571 note; amendments to Constitution pro-
posed by, 330; unconstitutional act of Con-
gress taxing an agent of, 369.
Massachusetts v. New York, 118 note, 234-
6, 237.

Matthews, Mr. Justice, on a government of
laws, 140; on interpretation of terms of
common law, 443-4; on immunity of States
from suit, 459.
Mayflower, The, 3.

Mayflower Compact, entered into by Pil-
grims, 3; legislative power prescribed by,
5; set forth American conception of State
as agent of the people, 9.

Melville, General, governor of Grenada, 94,
96.

Mexico, Treaty of February 22, 1819, with
United States, 430.

Militia, State, power of Congress over,
167-8.

Miller, Mr. Justice, on three-fold division

of government, 342-3; judicial power de-
fined by, 343; on United States as claim-
ant and actor in court, 461.
Minor v. Happersett, 303 note, 444.
Mississippi v. Johnson, 383-4, 386.
Money, power to borrow, and emit bills
given to Congress, 43, 166; power to coin
and regulate value of, 166.

Monroe, James, on results of the Declaration
of Independence, 33; member court, Mass-
achusetts-New York boundary dispute,

235.

Montesquieu, three-fold division of govern-
ment, a principle borrowed from, 250, 341,
342.

Moore v. United States, 444.

Moot Cases, judicial power of Constitution
does not extend to, 434.

Morey, on Virginia charter of 1606, 70;
on colonial constitution of Virginia, 76.
Morgan, George, agent, New Jersey-Virginia
dispute, 242, 243, 244; petition of, to Con-
gress, 243-4.

Morley, Lord, on influence of French politi-
cal philosophy, 36.

Morris, Charles, member, New York-New
Jersey boundary commission, 116.

Morris, Gouverneur, opposed to equal suf-
frage of States, 148, 173; views of, re-
specting tenure of judges, 263; motion of,
respecting extension of jurisdiction of Su-

preme Court, 264; doubts of, respecting
appellate jurisdiction of Supreme Court,
273; in favor of giving paramount effect
to treaties, 277; member, Committee on
Style, 277 note; opposed to equality of
Western States, 291, 293, 294; in favor
of equal suffrage of States in Senate, 300;
question of, respecting extent of judicial
power to matters of fact as well as civil
law, 447.

Morris, Robert, opposed to equal vote of
small States, 148; proposed George Wash-
ington as President of Federal Conven-
tion, 148-9.

Morse, Mr. Justice, on judicial power and
moot cases, 434.

Munday v. Vail, 400.

Murray v. Hoboken, 432.

Muskrat v. United States, 433.

Nabob of the Carnatic v. The East India
Company, 379 note, 386.

Nathan v. Commonwealth of Virginia, 58-9,
455.

Nations, and the question of coercion, 282;
immunity of, from suits, 452, 454; a court
of the, 468. See also Law of Nations,
Society of Nations.

Naturalization, Rule of, power vested by
Constitution in Congress to establish, 166;
provisions for, Patterson plan, 178.
Navigation Acts, 26.

Navigation, laws of, repealed by Parliament
in 1849, 28; state of, under Confederation,
145; demands of, considered by Annapolis
Convention, 145-6; position of certain
States in respect to, 188-9; recommenda-
tions of committee concerning acts of,
Federal Convention, 188; two-thirds re-
quirement inserted in report, 188; com-
promise respecting, in Federal Convention,
189-90.

Navy, power of Congress to build and equip,
43, 167; president commander-in-chief of,
167, 197; not to be kept by States in time
of peace, 210, 212.
Nelson, Mr. Justice, on division of sov-
ereign powers, 335; held that States can-
not tax agency of the government, 369;
on court's relation to the government and
to the States, 369-70; opinion of, invol-
ving distinction between political and ju-
dicial powers, 386-9.

Neilson, Thomas, member of court, Pennsyl-
vania v. Connecticut, 232.

New England, unpopularity of, 41; first
charter, 1606, 70-1, 77; second charter,
1620, 77-9; third charter, 1628-9, 79-82;

northern colonies modeled upon charter
and institutions of, 71; the Plymouth Com-
pany, 78-9; Council of, 79; charter an-
nulled in 1684, 82; royal charter of 1691,
82; Jefferson on colonial laws of, 97;
grant of, by Charles II to Duke of York,
122.

New England Company. See Plymouth
Company.

New England Confederation, 1643, indicates
existence of idea of colonial union, 6;
aims of, 6, 7; summary of articles of, 6-9;
subscribed to by commissioners of colon-
ies, 9; prescribes equal representation of
colonies, 11; advantages of union shown
by, 11; complaint of Rhode Island against,
101-9; text of, 471-6. See also Commis-
sioners of New England Confederation,
and Confederates, New England.
New England Restraining Act, 1775, 27.
New Hampshire, represented at Albany Con-
gress, 11; establishment by, of revolution-
ary government recommended, 29, 129;
late attendance of, at Federal Convention,
58, 175, 176, 185; representative govern-
ment set up in, 85 note; boundary disputes,
115, 118 note, 238-41, 421; instructions to
delegates to Federal Convention, 150; in
favor of equal suffrage of States, 175,
185; New Hampshire grants, 238 et seq.;
recognized independent statehood of Ver-
mont, 241; in favor of popular ratification
of Constitution, 308; ratification of Con-
stitution by, 312, 315, 571 note; amend-
ments to Constitution proposed by, 330;
ratification by, of first ten amendments,
572 note.

New Haven, member of New England Con-
federation, 7.

New Jersey, compact of, with Pennsylvania,
an encroachment on Federal authority, 49;
commercial situation of, 55; represented
at Annapolis Convention, 56, 146; dele-
gates of, to Federal Convention, 57, 146;
representative assemblies in, 85 note;
boundary disputes, 109-18, 238 et seq.;
grant of, to Lord Berkley and Sir George
Carteret, 116; in favor of equal represen-
tation of States in Congress, 174; in favor
of equal suffrage of States in Senate, 184;
in favor of independence of Rhode Is-
land, 241; vote of, on popular ratification
of Constitution, 305, 308; ratification of
Constitution by, 309, 310, 571 note; con-
stitution of, 349; statute of New Jersey
of 1778 declared unconstitutional, 349; rat-
ification by, of first ten amendments, 572
note.

New Jersey v. Virginia, 238, 239, 242-4.
New Jersey Assembly Acts relative to boun-
daries, Act of 1719, 110, 111; Act of 1748,
111, 114; Act of 1764, 101; Act of 1772,
117.

New Jersey Plan. See Patterson Plan.
New York, represented at Albany Congress,

11; address of Provincial Congress of, to
Washington, 27 note; laws of, favoring
own citizens, 49; represented at Annapo-
lis Convention, 56, 146; charter of, 86
note; representative assemblies in, 86 note;
conquered from Dutch and ceded to Great
Britain by teaty, 91; boundary disputes,
109-18, 118 note, 234-6, 237, 238-41, 292
note, 387; constitution of, 136-7, 201; sen-
ate, court of appeals in, 139; appointed
delegates to Federal Convention, 147; in-
structions to delegates, Federal Conven-
tion, 152; ratification of Constitution by,
secured by Hamilton, 164, 164 note; vote
of, respecting equal suffrage of States in
Senate, 184, 185; and independent state-
hood of Vermont, 241, 290; claim of, to
Northwest Territory, 244, 292, 292 note;
opposed to popular ratification of Consti-
tution, 305; ratification of Constitution by,
312, 314-15, 571 note; amendments to Con-
stitution proposed by, 330; ratification by,
of first ten amendments, 572 note.
New York Assembly Acts relative to boun-
daries, Act of 1717, 109, 110, 111, 113,
114; Act of 1719, 114; Act of 1754, 114,
115; Act of 1771, 117.

and

New York v. Connecticut, 386.
New York City, first seat of government
under Constitution, 322
Non-Importation, Non-Consumption
Non-Exportation Agreement, considered
by Congress, 26.
Norris v. Staps, 67.

North, Lord, Conciliatory Resolution of
February 27, 1775, 27; rejected, 28.
North and South, distrust between, 41; dis-
tinction between, 77; colonial development
contrasted, 83.

North Carolina, delegates of, to First Con-
tinental Congress, 24; commercial situa-
tion of, under Confederation, 55; ratifica-
tion of Constitution by, 46, 309, 571 note;
appointed delegates to Federal Convention,
49, 146; instructions to delegates Federal
Convention, 150; charter of, 85 note; rep-
resentative assemblies in, 85 note; bound-
ary disputes, 118 note, 119 note; vote of,
respecting equal suffrage of States in Sen-
ate, 184, 185; in favor of popular ratifi-
cation of Constitution, 305, 308; ratifica-

tion of constitution by, 316, 571 note;
amendments to Constitution proposed by,
330; ratification by, of first ten amend-
ments, 572 note.

Northwest Ordinance, approved by first Con-
gress under Constitution, 286; summary
of, 286-90; interpretation of terms of, 444-
5; text of, 514-19.

Northwest Territory, cession of Virginia's
claims to, 242, 243, 244, 286, 290, 293; or-
dinance for government of, 286 et seq.,
444; Congress pledged to create States
within, 290, 292 note, 292-3; originally part
of English Province of Quebec, 292 note.
Officers of the army and navy, to be ap-
pointed by Congress, 43; Madison's view
of public officers, 53; impeachment of na-
tional officers, Randolph plan respecting,
159.

Ohio v. Lafferty, 444-5.

Oliver, Andrew, member New York-New

Jersey boundary commission, 1767, 116.
Olmstead's case, 220, 222, 222 note.
Osborn v. Bank of the United States, 412-
13, 428-9, 430.

Otis, pamphlet of, 2, not used in compilation
of Declaration of Independence, 25 note.

Paca, William, judge, Court of Appeals in
Cases of Capture, 223.

Pacific Railway Commission, In re, 429-30.
Pacific Telephone Company v. Oregon, 389-
93.

Paine, Mr. Justice, interpretation of terms
"law and equity," 446-7.

Paine, Robert Treat, Massachusetts delegate,
first Continental Congress, 23.
Pardons, President's power to grant, 197.
Paris, Treaty of, France and England, Feb-
ruary 10, 1763, 14, 23, 94, 292, 347; France
and United States, April 30, 1803, 377.
Parliament, acts of, infringing upon col-
onial rights, 14, 23, 24, 46; colonists held
by Great Britain to be subject to, 22; peti-
tioned by colonies for redress of griev-
ances, 23; colonists could not be properly
represented in, 25; right of, to regulate
external commerce of colonies, 25; Ja-
maica not represented in, 92; power of, to
legislate for territories subject to Crown,
93, 94, 95, 96; conclusions of Privy Coun-
cil sanctioned by, 125.

Parliamentary Commission, Rhode Island
charter of 1644 granted by, 85 note.
Parsons, Theophilus, agent, Massachusetts-
New York boundary dispute, 235.
Patents, power over, given to Congress, 166.

Patent, Letters of. See Letters of Patent.
Patterson, William, delegate of New Jersey to
Annapolis Convention, 56; member, com-
promise committee, Senate suffrage contro-
versy, 185; views of, respecting equal suf-
frage of States, 174; member of court,
Massachusetts-New York boundary dis-
pute, 235; summary of Randolph proposals
by, 251; in favor of ratification of Consti-
tution by State legislatures, 305; on rela-
tion of a constitution to laws passed by
a legislature, 366. See also Patterson
Plan.

Patterson Plan, submitted to Federal Con-
vention, 164, 177, 256; rejected in favor
of Randolph resolutions, 164, 179; referred
to Committee of Detail, 164, 260; referred
to Committee of the Whole, 177, 257;
nine resolutions of 177-8; a revision of
the Articles of Confederation, 178, 256;
result of, 179; specified a plural executive,
195; provided for a check upon the legisla-
ture, 200; provision of, respecting coercion
of States, 203, 205; provision of, for ju-
diciary, 250, 251; government to avail it-
self of State courts according to, 256-7;
made laws of union within grant of power
superior to laws of States, 275; pro-
vision of, for admission of new states,
291; text of, 525-7.

Peace, to be declared by Congress, 43; Ran-

dolph resolution respecting questions in-

volving, 159.

Penn v. Lord Baltimore, 101, 121-5, 386,
387, 420-1.

Penn, William, "scheam" of, for union of
colonies, 6, 9, 10, 11, 476-7; idea of union,
9, 10; essay of, Toward the Present and
Future Peace of Europe, 9; plan of, for
colonial union shows method of making
colonies self-governing dominions, 11;
agreement of sons of, with Lord Balti-
more, 1732, 101, 104, 420-1; charter of
Pennsylvania granted to, 122.
Penhallow v. Doane, 447.
Pennsylvania, delegates from, to Albany
Congress, 11; compact of, with New Jer-
sey, an encroachment on Federal author-
ity, 49; interest of, in navigation of Chesa-
peake Bay, 55-6; represented at Annapo-
lis Convention, 56; appointed delegates to
Federal Convention, 57, 146; instructions
to delegates, Federal Convention, 150;
charter of, 85 note, 122, 123; representa-
tive assemblies in, 85 note; boundary dis
putes, 121-5, 231-4, 237, 238, 241-2, 243,
292; but one branch of legislative power
in, 136; constitution of, 136, 365; colonial