ment, recommend a candidate to the choice of the electors, they will listen to your voice and follow your counsel. All the old accusations of oppositions will fall before this new and simple line of policy, and people in France will end by understanding that order, labor, and security can only be established in a durable manner in a country under a government listened to and respected.
ABERDEEN, Lord, on importance of the people moving before govern- ment, 129.
Absent persons, penally tried, 73. Absolute democracy, no connection with liberty, 217.
Americans, of the Anglican race, 21. Their task regarding civil liberty, 21; more inclined to abstract rights than English, 267.
Amyot, translation of Plutarch, great influence in France, 379, note.
Absolute monarchs often allow bold Anaximander, 212. discussions on liberty, 161. Absolutism, enlightened, not the best government, 26; always spurns fundamental laws, 279; item, di- vision of power, 280; resorts to transportation, favors extraordi- nary courts, 280; generally ab- hors publicity, 281; precedent, 282; copies foreign measures, 300; popular, 380; all absolutism has an element of communism, 389. Acclamation, decrees of, 193. Accumulation of single fortunes do not prove general wealth, 398. Accusation, trial by, 221 and sequ. Accusatorial trial, 221 and sequ. Adams, John, opinion that common law is necessary element of liberty of U. S., 215. Administrative judgments in France, 109, 220.
Ancient liberty, 45 and sequ. Ancient philosophers, why they praise Sparta, 372.
Anglican liberty, 42; as elements, 53 and sequ; how to find out in what it consists, 54. Anglican polity, Turgot's opinion on it, 198.
Anti-corn-law league, 128. Antiquity, its main differences from modern times, 367.
Advocate, ethics of, 244; independ- ence of, 242 and sequ; is part of the administration of justice, 247. Age, present, its political charac- ter, 17.
Alexander the Great, 212, 213. American liberty founded on Eng- lish, 21; cannot be understood without English liberty, 22, 261 and sequ; characterized by repre- sentative republicanism and fede- ralism, 263; what it consists in, 164 and sequ.
Appropriations should be short, 149. Arms, the right of bearing, 123. Army, must be under the control of the legislature, 117 and sequ. In England, and by the Constitution of the United States, ibid. Presi- dent of the United States, is chief commander, but cannot enlist sol- diers without congress, 118. De- claration of Independence concern- ing British army, ibid. Standing armies, 119 and sequ; in France, its extent and power, 121; French army votes, like the citizens, 122. Armies ought not to possess the right of petitioning, 122; always favored by despots, 278. Aristotle, greater than Alexander, 257.
Arnold, Dr. Thomas, definition of In- stitution, 308.
Articles in addition to the Constitu- tion of the United States, 533.
CÆSAR, Julius, 383. Cæsarism. reignty.
Authentic Interpretation, 211. Autonomy and Self-Government, 40 Cæsarean sovereignty, 382, note. and note.
BACON, quotations from, 23, 24. Bail, 69 and sequ. Advantages and disadvantages, 70.
Ballot, universally established in the
United States, 268. Has not the effect which the English expect, ibid.
Bavarian code, against interepreta- tion by courts, 210.
Beccaria against pardoning, 440. Béchard, Lois Municipales des Re- publ. de la Swisse et des Etats- Unis, 325, note. Bentham, Jeremy, tactics of legisla- tive assemblies, 195. Beranger, opinion on French justice,
Bernard, Frenchman, accessory be- fore the fact, of Orsini, 59. Betis, 213.
Bicameral system, 197. Billeting, debate in commons in 1856, p. 119.
Bill of Rights, in full, 499 and sequ. Blanc, Louis, one of the representa- tives of French school, 374; and present imperialists, equally for universal suffrage, 162, note. Bodinus, definition of liberty, 33. Copy of Bodinus used by Jeffer- son, ibid.
Bonner's translation of de Tocque- ville's Ancien Régime, 259. Bossuet, for centralized power, 378. Bourgoisie derided, 389.
Brilliant men, or events, not the most influential, 257.
Brougham, Lord, on discussing peti- tions, 125, note; on the organiza- tion of upper house, 201; ethics of the advocate, 244; on courts of arbitration, 285, note; on German empire, 363, note.
Campbell, Lord, opinion on petitions of British merchants, 60; on una- nimity of jury, 241, note. Capital, amount of, carried off by emigrants, 96, note; 97, note. Capital cities, influence, 396. Mag- nificent capital cities pave a state of decline, 399.
Carey, Matthew, on pardoning in United States, 445. Carlisle, Earl, 125, note. Cassation, court of, 283. Cavaignac, General, his arrest, 112. Centralism leads to enfeebling man- worship, 401; to base flattery, 402; to brilliant acts, 403. Centralization, loved by the French, 156; Turgot in favor of it, 198;
passion of the French for it, 288. Centralized governments have no in- stitutions to break powerful shocks, 356.
Cerachi, conspirator, executed by se- natus consultum, 321. Champ-de-mars, the many different government exhibitions on the same, 349. Chambord, Count, his letter not al- lowed to be published, 394. Chancellor, Lord, of England, mem- ber of the cabinet, 189, note; being moderator of house of lords, 190.
Charter, French, of Louis XVIII., in full, 550 and sequ; of the year 1830, ibid.
Chardin, on pardoning in Persia, 439. Chartists, petition in 1848, p. 124,
Charter, the great, of England, 464 and sequ, and 476 and sequ. Chatham, Lord, on trial by jury, 236; on passage in magna charta, con- cerning administration of justice, 281; on arbitrary power, 377.
Bunsen, Baron, on toleration, 56, Chevenix, on national character, 185,
Bureaucracy, founded on writing, not Cicero, defin. of liberty, 28.
Cis-Caucasian race, 22, note. Cities, in the Netherlands were sove- reign, 173, 343; not sufficient as patria for moderns, 173, and note. City; the ancients confound it with the state. 47 and sequ.
City-states and national states, 367 and sequ.
Civilization, law of spreading, 298. Civil Law, influence on common law, 216.
Civil Liberty. See Liberty. Civil List. See Taxation.
Code Napoleon and equality, essence of civilization, 19.
Codification, does not prevent inter- pretation, 208.
Coëtlogon, French case of opening letters, 93.
Coke, on the justice of the peace, 326, note.
Collard, Roger, on absolutism of ma- jority, 287.
Colonization Society, 128.
Color, effect of distinction of races on American sympathy and politics, 265. Commissions, contradistinguished from regular courts, 109. Common law, necessary for indepen- dence of the law, 208 and sequ. Constitutes the greater portion of British constitution, 213. Com- pared with civil law, 214; article common law in Encyclopædia Ame- ricana, written by Judge Story, 216; American writers who take French views of liberty, and of law against it, 217.
Communion, right of, 89 and sequ. Liberty of, always abolished by absolutists, 277.
Communism, the basis of the Utopias, 46, note.
Compensation bill, intended by Ro- milly for accused persons not found guilty, 79. Compurgators, 460.
Conclamation, election by, of medie- val character, 408. Confederation, articles of, and perpe- tual union, in full, 410 and sequ. Confirmation of liberties, 476 and sequ. Confirmatio Chartarum. 476 and sequ. Confiscation, incompatible with civil liberty. 103.
Conflicts between courts and adminis- trations, were to be decided by a
separate tribunal, according to French constitution of 1848, p. 571. Conscience, liberty of, 99 and sequ. American court regarding it, ibid. Necessity, at present, 101. Why its full acknowledgement in England so late, 103.
Conscription in France, 122, note. Constitutions, produced in our age, 17, 18; written and unwritten; en- acted and cumulative, 166, note; of England, consists chiefly of common law, 213; what it consists of, ibid; of U. S., called atheistic, 264; of U. S., works on it, and on their government, 270, note; of United States, in full, 521 and sequ; French, of 1793, in full, 536; of the French republic, of 1848, p. 560 and sequ; of France, of 1851, p. 581.
Constitutionality, declared by su- preme court, 166 and sequ. Coode, codifying English poor law, 210, note.
Cooper, Dr. Thomas, opinion of Ha-
milton's parliam. logic, 195, note. Corruption of blood, not admitted in U. S., 82; in England, 104. Council of State, in France, 203. Council of Trent, adopted half hour rule, 137, note.
Counsel of the prisoner, 243. Country, necessary for moderns, in- stead of ancient cities, 173, and
Cours prêvotales, abolished by char- ter of Louis XVIII. See Natural Courts.
Courvoisier, and Philips his counsel, 248, note.
Craik, G. L., proposed a plan of elec- tion to represent minority, 181,
Cranworth, Lord, on codification, 210, note; on trial by jury, 239. Crimen exceptum, high treason, 84. Cromwell, congratulations on dissolv- ing parliament, 424.
Crowds, acclaiming, deceive, 403. Crown, or principate on the conti- nent, 51. Crusades, in connection with the Vox populi vox Dei, 406. Cumulative constitutions. See Enact- ed Constitutions. Curtis, G. J., History of Cons. of U. S., 270, note.
Cushing, L. S., rules of proceeding | EBRINGTON, Lord, 287, note. and debate, etc., 195.
Cyclopian walls, 360, note. See Forchhammer.
DAHOMEY, King of, his letter to Queen Victoria, 25.
Daly, Judge, Historical Sketch of Ju- dicial Tribunals in New York, 242,
Debating, not known in Roman se- nate, 192; cannot take place in mass meetings, ibid. Deciduous institutions, 323. Declaration of Independence of the
U. S., in full, 505 and sequ. Decree of March 22, 1852, to regulate "the relations of the legislative corps with the president of the re- public and the council of state," 588.
Defensors, of prisoners, 243. Definitions of Liberty, 27 and sequ. Difficulty to defend it, ibid. Delegated powers. Those which are
not positively delegated are served for the people by Constitu- tion U. S., 165. Demagogues, 345.
Democracy, Aristotle's opinion on per- fected, 161; absolute or in the agora, hostile to liberty, 171. Democratic absolutism, 161. Democratic might, divine right and, 373.
Deputative government of the middle ages, 168,
Despots, brilliant, their danger, 26. De Tocqueville and de Beaumont, on abuse of pardoning in United States, 444.
Divine right and democratic might, 373.
Division of government into three branches, 154.
Division of power, contrary to abso- lutism, 280.
Dixon, C. G., Sketch of Maiwara, etc., 173, note.
Doge of Venice, his election, 181. Dragonades, under Louis XIV. See Army, Soldiers, etc.
Dred Scott case, 267, note. Duke's Laws, 242.
Dumont, concerning absence of par- liamentary practice in French Re- volution, 193.
Education alone, no basis for liberty, 304.
Egress and Regress secured by Magna Charta. See Locomotion, right of, and the Charter itself in appendix. Election alone not liberty, 32; of the chief ruler, does not establish a re- public, or liberty, 155; direct and indirect, 177; why the latter is often resorted to, 178; in electors to elect President of United States, ibid and sequ; circuitous elections in the middle ages, 181; manage- ment of elections must not be in the hands of the executive, 183; of chief does not establish liberty, 291; not allowing to choose, 393; paper on it, appendix, 419 and sequ. Elections, ex post facto. See Ex post Elections. Conditions to make them valid, 420. The question must have been freely discussed, ibid. Ab- sence of the army, 420 and sequ; must be carried on by election in- stitutions, 421; returns must be protected against falsification, ibid; the person, on whom the voting takes place, must not have the su- preme power, or it must be possible to make him obey the issue, 421. There must be two things to vote upon, ibid; the power claiming the election must not have committed a political crime, 422; must be on things subject to public opinion, ibid. Election of patron saint, 422, note. Congratulations crowding on Cromwell after having dissolved parliament, 424; they did not ex- press English public opinion, ibid. Election statistics, ibid. Qualified voters abstain in proportion to the general privilege of voting, 425; twenty-five per centum a small num- ber of absenters, ibid. If qualified voters, more than two or three thou- sand, one half voting, shows com- mon interest, 426; voting on men, draws more votes than voting on measures, ibid. French have never voted no, on proposed constitutions, consuls or emperors, 427. Election of Napoleon I., ibid. How many Athenians usually voted, ibid. Os- tracism, ibid and 428. Instances of number of abstainers, 429 and
« PreviousContinue » |