Macaulay, Thomas Babbington, sketch
of the character of Sir James Mackin-
tosh, 568.

Macbeth, his exercise of illegal au-
thority, 512.

MACKINTOSH, SIR JAMES, his defense

of Peltier, 568, his speech to the jury.
569-612; sketches the misfortunes of
his client, 570; defines the real issue
as a struggle between royal power
and the freedom of the press, 572;
sketches history of freedom of the
press, 573; shows that war is never
beneficial to a commercial nation.
578; shows that freedom of the press
can not be impaired without danger
to the State, 579; defines public
spirit, 580; defines the privilege of
the historian, 581; sketches the
French Revolution, 586; sketches the
French Jacobins, 588; distinguishes
them from Republicans, 590; his ob-
servations on the ode ascribed to
Chénier, 592; text of the ode, 730;
his observations on the verses ascribed
to a Dutch patriot, 595; text of the
verses, 731; sketches the reign of
Queen Elizabeth, 496; sketches Louis
XIV., 598; his sketch of William of
Orange, 600; sketches dismember-
ment of Poland, 603; sketches the
invasion of Switzerland, 605; sketches
the reign of Robespierre, 608.
Madman, not responsible for crime,
152; execution of, murder, 152; pub-
lic security does not require sacrifice
of, 163.

Malice, the essence of the crime of
libel, 581.

Mansfield, Lord, his declaration to the
mob in the Court of King's Bench
in Wilkes' case, 550.
Mannings Case, review of, 335-339.
Manslaughter at sea, legal character of,
132.

Manslaughter, as distinguished from
murder, 325-328.
Marcy, William M., reference to letter
of, 360.

Marque, letter of. (See "Letter of
Marque.")

Marshall, John, extract from argument
of in McCullough v. Maryland. 445-
446.

Marriage relation, the sanctity of, 329.
Martial law, distinction between and
military law; rule as to existence of,
462.
Massy v. The Marquis of Headford,
667; facts of the case, 667; opening
speech of Mr Hoar to the jury in,
668; speech of Mr. Quin for the de-
fense, 677; speech of Hon. George
Ponsonby for the defense, 683; speech
of John Philpot Curran, for the plain-
tiff, 691; Baron Smith's charge to the
jury, 708; synopsis of testimony in
the case, 677; character and conduct
of Mrs. Massy referred to by Mr.
Quin, 680; questions for the jury to
consider, 695; plaintiff's indiscretion
no crime, 696; character of the de-
fense an insult and an aggravation,

701.

Melancholy, a stage of insanity, 168.
Metropolitan Bank v. Van Dyck, case
of, 421; Judge Porter's argument in,
423.

Mind, incapable of obliteration, 165.
Military commission, can only punish
military offenses, 453-454; no juris-
diction to try civil offenses, 457;
illegality of, 486; no power to act
where courts are open, 497: an
anomoly in the law, 510; synonymous
with arbitrary power, 511; history of,
511.

Military courts, powers assumed by,451.
Military law, what constitutes violation
of, 454-455; civil offenses not viola-

tions of, 457; definition of, 458; mar-
tial law and military law distinguish-
ed, 461.

Military necessity, when does not au-
thorize military tribunal, 452.

Miller, Hon. Samuel F., extract from
opinion of in "Slaughter-house
Cases, 543.

Milligan, Lambdin P., case of in U. S.
Supreme Court, 481; argument of

Judge Black in' his behalf, 483-516; |
the charges against Milligan, 484:
plea of necessity not applicable to
case of, 500; neither law of nations,
nor laws of war, applicable to case
507.

Milton, John, his intellectual power
referred to, by Mr. Erskine, 563.
Mississippians and Kentuckians con-
trasted, by Mr. Prentiss, 91.
Money, as distinguished from legal
tender, 444.

Montez, Lola, account of, by Judge
Black, 513.

Murder, what constitutes, 40; distinc-
tion between, and manslaughter,
325; defined, 328.

N

Napoleon Bonaparte, libel against, by
Jean Peltier, 568; how he usurped
power during the French Revolution,
586; no exhortation to assassination
of by Peltier, 593.

Napoleon III., acts as arbitrator be-
tween U. S. and Portugal, 215; his
award not binding, 216, 219, 221; what
question intended to be referred, 221;
no question of fact before, 224; his
fitness for arbitrator, 226; his award
void for want of jurisdiction, 227; he
sacrifices Reid's claim, 241; his award
never ratified by claimants, 231.
National liability (see International
Law), 208.

Nature, in state of legal obligations
dissolved, 23; law of, considered, 134,
136, 145.

Necessity, application of law of, 500;
cannot impart validity to an illegal
act, 501.

Negro plot, reference to, by Mr. Brady,
372.

NEILSON, JOSEPH, observations of as to
growth of principles, 246.

Neutrals, rights of, with respect to priva-
teers, 387.

Newspapers, influence of, on domestic
and foreign politics, 602; when gaz-
ettes first printed in England, 598.
(See, also, Press.")

Newton, Sir Isaac, character of his
mind, 561.

New York, law of, conflicting with
power of Congress to regulate com-

merce, 61.

NORTH, JOHN HENRY, his defense in
the "Bottle Riot Case," 644; his
speech to the jury, 642-666; his
learning, 642; reference of to wide

publicity of the case, 643; he reviews
the law upon the legality of ex-officio
informations, 644; reviews the charges
against his clients, 646; describes the
scene to prevent decoration of King
William's statue, 647; his reference
to Lord Plunket's tribute to memory
of the Prince of Orange, 648; dis-
credits testimony of the Atkinson
Brothers, 654; reviews the testimony
of Michael Farrell, 657; his arraign-
ment of the witness who saw the
bottle in transit," 658; his sup-
posed dialogue between Addison and
Lord Somers, 660; his reference to
Bolingbroke, Duke of Rutland, and
Queen Elizabeth, 662; considers the
political aspect of the verdict, 664.
North, Samuel, his trial and acquittal,
449; Argument of Mr. Beach in his
defense, 451-480; charges against not
a military crime, 455; charges against
not sustained by specifications, 456;
case distinguished from Vallanding-
ham's, 468; charges against not hos-
tile to military operations, 469; whe-
ther punishable under State law im-
material, 470; questions of fact in-
volved in, 472; private character of,
475; interest and importance of case
of, 477..

O'CONOR, CHARLES, his conduct of the
case of Brig Armstrong, 193; his
argument before the Court of Claims,
194, 245; classifies rights and reme-
dies, 195; the object of legal tribun-
als, 196; the early struggles of the
English Chancellors, 197; the Court
of claims characterized, 198; refers to
condition of the Republic in 1812,
201; defines the rights of belligerent,
in neutral territory, 204; states the cir-
cumstances of firing first gun at Fayal,
225; defines ground of government's
liability, 228; rule as to compensation
for private property, 237; his perora-
tion, 243.

O'Brien, on military courts, 454; defini-
tion of military law, 458.
Ogden, Aaron, ads Gibbons, 48.
Ogden v. Saunders, synopsis of argu-
ments on both sides, 67, 68; Mr. Web-
ster's argument in, 69.
Oldham, Henry, evidence of in Wilkin-
son trial, 108; arraignment of by
Mr. Prentiss, 109.

Overt acts, when evidence, 40.
Orange, Prince of. (See William III.)
Orangemen, charges in "Bottle Riot
Case" not intended as protest against,
623; loyalty chief characteristic of,
646.

Р

Paine, Thomas, his "Age of Reason,"
551; publication of held blasphemous,
566; defended by Erskine, for pub-
lishing "Rights of Man," 554; in-
feriority of his work, 565.

Paley, William, observations of, con-
cerning uncertainty of the law, 84.
Paper money, compelled by necessity,
18; effect of payment of in war time,

26.

Pardoning power, wisdom and justice
of, 379.

Parent and child, sacred relationship
between, 330.
Patent Laws, nature and character of,
59.

at

Peltier Jean, his libel against Napoleon
Bonaparte, 568; argument in his de-
fense by Sir James Mackintosh, 569-
612; sketch of his misfortunes, 570;
the real issue, 572; his right to satir-
ize Jacobinism, 585; the ode can-
not represent his opinions, 591; ob-
servations on the ode by Mr. Mackin-
tosh, 592; text of the ode, 730; ex-
tract from indictment against, 730.
PINKNEY, WILLIAM, argument of U.
S. v. Hodges, 35-46; conduct
Bladensburg, 35; his strictures on
Justice Duvall; regards the jury
judges of the law and the facts, 37;
remarks on criminal intent, 38; de-
fines the law of treason, 42; arraigns
the doctrine of constructive treason,
44; views of on perfection of the
Union, 411.
Piracy, nature and character of crime,
344, 346; under the law of nations,
and under the acts of Congress, 347;
proof required to convict, 349; letter
of marque, a defense against, 354;
crime of, 369; elements of, 380; false
views of property rights, no defense
of, 381; what sufficient evidence to
constitute element of force, 382; trea-
son no defense, 397; good faith no de-
fense, 417.

PLUNKETT, WILLIAM CONYNGHAM, his
conduct of the prosecution in Rex. v.
Forbes, 613; his abilities as a lawyer.
614; his oratory, 614; his defense

for filing the information in Rex v.
Forbes, 615, 638; his speech to the
jury in, 615-640; motive of in filing
an ex-officio information, 617; legal-
ity of the proceeding, 618; his pane-
gyric on William of Orange, 624; his
defense of Lord Wellesley, 628; narra-
tion of the facts in case of Rex v.
Forbes, 633.

Poland, crime against, and dismember-

ment of, 603.

Police and quarantine, regulations dis-
tinguished, 61; how far controlled by
Congress, 63.

PONSONBY, RT. HON. GEORGE, his char
acter as a lawyer, 683; his conduct
of the defense of the Marquis of
Headford, 683; his speech to the
jury, 684-690; remark as to duty of
the jury, 684; observations as to
plaintiff's deportment, and its in-
fluence upon the wife, 685; states the
rule of damages, 687.

PORTER, JOHN K., argument of on the
constitutionality of the legal tender
acts, 423-448; his definition of the
Constitution, 423; its object, 424;
the powers delegated to give it effect,
425 defines the necessity for pledging
the public credit, 425; sketches his-
tory of legal tenders in colonial times,
428; reviews the events of the rebel-
lion, 431; defines the subject of legal
tender, 443.

Portugal, liability incurred at Battle of

Fayal, 202; bound to prevent hos-
tilities, 206; when liability became
Powers, exclusive and concurrent, dis-
extinguished, 227.

tinguished, 51. 59; of a State may be
taken away by implication, 53; repug-
nancy of conflicting, 53; what exclu-
sive, 55.

Power, synonymous with right, 362;
power and right distinguished, 416.
Powers, express and implied prohibi-
tions of in the Constitution, 527;
limitation on mode of enforcing dele-
gated powers, 528. (See, also, Con-
stitution.)

PRENTISS, SERGEANT S, style of his
eloquence, 86; his defense of Judge
Wilkinson, 86; his speech to the
jury, 87; his arraignment of the wit-
ness Oldham, 109; of other conspir-
ators, III; his arraignment of Red-
ding, 121.

Press, freedom of an inestimable bles-
sing, 557; principles applicable to

liberty of, 557; freedom of in the
European States, 573; why it was tol-
erated on the continent, 573; how it
perished on the continent, 575; re-
mains free only in England, 575;
freedom of, can not be impaired with-
out danger to the State, 579; im-
portance of, in time of Queen Eliza-
beth, 598; first gazettes printed in
England, 598; the invasion of Hol-
land an attack upon a free press, 599;
arraignment of Louis XIV. by the
English press, 601; influence of news-
papers on domestic and foreign poli-
tics, 602; arraignment by the press
of the crime against Poland, 603.
Private property cannot be taken with-
out compensation, 237; nor sacrificed
for public ends without compensation,

240.

Privateers, rights of neutrals with res-
pect to, 387.

Privateering under the law of nations,
and the laws of war, 385.
Prohibition, a guarantee not equivalent

to, 534; mode in which Congress may
enforce State prohibitions, 535; of
the war amendments to the Constitu-
tion considered, 538; rules of inter-
pretation as to, 543.

Public opinion, always militates against
the prisoner, 34.

Public trials, propriety and necessity of,
264.

Punishment can only be exercised by
legal authority, 488; law to prevent
unlawful exercise of, 492; philosophy
of, 453.

Q

Quarantine and police regulations dis-
tinguished, 61.

QUIN, THOMAS, his opening for the de-
fense in Massy v. The Marquis of
Headford, 677; defines the rules of
law governing the action, 678; the
defense of connivance explained, 679;
defines the character and conduct of
Mrs. Massy, 680; the verdict must
not be founded on vengeance, but
upon reason and justice, 681; remarks
concerning a good wife, 682.

R

Ray, Dr., extracts from work on in-
sanity, 170; rules given by, to test a
maniac from a murderer, 180.
Rebellion, as distinguished from revo-
lution, 356; events of war of, re-
viewed, 431

Reding. Aloys, conduct of, at Mor-
garten, 606; supposed welcome to
England, 606.

Redding, the Louisville tailor, arraign-
ment of, by Mr. Prentiss, 121.
Reid, Capt. Sam. C., his conduct at the
battle of Fayal, 192; forbidden to
argue his claim before Napoleon, 219;
Napoleon's award not binding on,
221; question as to whether he was
the aggressor, 222; review of the evi
dence as to, 230; letter of Daniel
Webster, 232; commendation of his
course; his claim founded in justice
and equity, 235; history of his claim,
242; his personal motives, 243; com-
parison with Washington, 244.
Religion, safety of the State dependent
on, 564.

Remedies and rights classified, 195.
Remedy, failure to provide, not equiva
lent to a deprivation of a right, 534.
Republicans, in France, as distinguished
from Jacobins, 590.

Revolution, necessity which forced the,
13; distinction between revolution
and common war, 15; horrors of
American, 15; as distinguished from
rebellion, 356; right of, a legal right,
358; secession synonymous with, 362;
evidence of right of, 393; remarks on
right of, 404.

Rex v. Forbes. (See "Bottle Riot"
Case).

Right, synonymous with power, 362; as
distinguished from power, 416; fail-
ure to provide remedy for, not equiv
alent to deprivation of, 534.
Rights and remedies classified, 195.
Robespierre, sketch of reign of, 607.

S

Sailor, must preserve passenger, 125;
must at all times obey orders, 136.
Salvage, law of, 27.

Satire, can not be regarded as a libel,
584.

Savannah Privateers, trial of, 343;
proof required to convict, 349; acts
of, not necessarily criminal, 351; nar-
ration of facts at trial of, 351; nature
of their defense, and province of the
jury, 383; statements of the defense
of, 391; novel political questions in
defense of, 402.

Science, power of Congress to promote,
54; why vested in Congress, 54; ex-
clusive in Congress, 55.

Secession, synonymous with revolution,

362; inconsistent with our institu-

tions, 410.
Self-defense, application of the law of,
93, 117; illustrations of the rule, 118;
in hour of peril, 135; in time of ne-
cessity, 138; law of, in protecting a
wife's chastity, 340.
Self-government, problem of, 405.
Self-preservation, law of, 145; whether
an inherent right in a State, inde-
pendent of the Constitution, 441.
SEWARD, WILLIAM H., his defense of
Freeman, 151; his argument to the
jury, 151-183; his letter before the
trial, 150; extract from his remarks
at preliminary trial, 151; his objec-
tion to the arraignment of Freeman,
151; his arraignment of Dr. Spencer,
184; review of the evidence of Free-
man's mother, 187.

Shipwreck, law of, as to passengers, 125.
Sickles, Daniel E., defense of, by Ed-

win M. Stanton, 327; requests to
charge and rulings of the court, on
the trial of 718; theory of the de-
fense of, 239.

Sister, sacred relationship between
brother and, 331.
Slaughter-house Cases, extract from
opinion in, 543.

SMITH, BARON, his charge to the jury
in Massy v. Marquis of Headford,
708; defines the law in actions for
crim. con., 709; states the rule of
damages, 709; defines the character
of the defense of connivance, 713;
what moral considerations must be
regarded in measuring damages, 714
Soldiers, duty of government to pro-
tect, 470.

Somers, Lord, supposed dialogue of,
with Addison, 660.

Southern Confederacy, recognition of,
as belligerents, 389.

Spencer, Dr., medical testimony of, re-
viewed by Mr. Seward, 184; chart

of the mental faculties, 184; text of
chart, 718.

STANTON, EDWIN M., his defense of
Daniel E. Sickles, 326; his argu-
ment to the court, 327-342.
Stare decisis, importance of the law of,

124.

State, powers of, may be taken away by
implication, 53; laws of, must not
conflict with act of Congress, 57; can-
not grant a patent, 59; cannot pro-
hibit use of an invention, 60; powers
of, discussed, 59; Congress cannot an-

ticipate action of, 533; mode in
which Congress may enforce prohibi-
tions upon, 535; how laws of may be
made inoperative by Congress, 539;
safety of the, dependent on religion,
564.

Steamboat Case, 47.

Stephens, Alexander H., views of, re-
specting the sanctity of the Union,

412.

Stone's Case, reference to, 39.
Sturges v. Crowninshield, principles de-
cided in, 69, 70.
Switzerland, invasion of, sketched by
Sir James Mackintosh, 605.

T

Thebans, debts of, remitted, 5, 33.
Treason, defined under the Constitu-
tion, 36; under the "Crimes Act" of
1790, 36; in time of war, 38, 42; for
levying war, 39; overt acts of, 40;
constructive treason denounced, 44;
when plea of war a confession of,
396; no defense against piracy, 397;
special provisions applicable to law
of, 493.

Treaty, effect of violation of, 29; may
be interpreted by courts, 31.
Trespass, distinguished from larceny,

Ukase, use of, in Russia, 511.
United States, a government of dele-
gated powers, 50; liability of Portu-
gal to, 202; bound to enforce claim
of a citizen, 211; responsible for fail-
ure, 212; in such a prosecution it is
not the agent of the claimant, 213;
submitting claim to arbitration cre-
ates no estoppel, 214; when liability
of arose, 227; ground of liability of,
228; duty of, in Armstrong case, 238;
wisdom and advantages of govern-
ment of, 408; marvelous success of,
415; legal modes of defense pos-
sessed by, 509.

United States v. Holmes, facts of the

case, 125, 141.
United States v. Armstrong, 191.

V

Vattel on the right of confiscation, 7;
on law of custom, 9; on rights and
obligations, 24; distinction by, be-