CONTESTED FACTS, cannot be settled by statute, 117, 126, 127. legislative bodies to decide upon, 161. CONTINENTAL CONGRESS, powers assumed and exercised by, 6–8. CONTINGENT LEGISLATION, authority of the States to adopt, 142, 146, n., 147, n. for lobby services, illegal, 165, 166. to influence elections, are void, 774. cannot be made for individuals by legislative act, 459 and n. of municipal corporations ultra vires void, 237. invalid, may be validated by legislature, 461–179. COPYRIGHT, (See OBLIGATION OF CONTRACTS.) Congress may secure to authors, 12. CORDORATE CHARTERS, (See CHARTERS.) CORPORATE FRANCHISES, may be appropriated under right of eminent domain, 655. CORPORATE PROPERTY, legislative control of, 289. CORPORATIONS, organization of, not a judicial function, 122, n. private, may be authorized to take lands for public use, 670–672. (See CHARTERS; MUNICIPAL CORPORATIONS.) CORPUS DELICTI, not to be proved by confessions, 386. CORRESPONDENCE, private, inviolab lity of, 375 and n. COUNSEL, constitutional right to, 326, 327, 408-417. duty of, 409, 410, 413, 417. denial of, in England, 409-411. court to assign, for poor persons, 412. whether those assigned may refuse to act, 412. privilege of, is the privilege of the client, 413 and n. independence of, 413 and n., 416, n. not at liberty to withdraw from cause, except by consent, 413. how far he may go in pressing for acquittal, 414, 415. duty of, as between the court and the prisoner, 413, n. whether to address the jury on the law, 415, 416. (See ATTORNEYS.) may be employed before 'egislative committees, 166. but not as lobbies, 166, n. not liable to action for what he may say in judicial proceedings, 553–556- not privileged in afterwards pablishing his argument, if it contains injuri- newspaper publisher not justified in publishing speech of a criminal re- COUNTERFEITING, Congress may provide for punishment of, 11, 25. States also may punish, 25. COUNTIES AND TOWNS, difference from chartered incorpora ions, 296. COUNTY SEAT, change of, 481. COURTS, (See MUNICIPAL CORPORATIONS.) duty of, to refuse to execute unconstitutional laws, 86, n., 98, 99, 194 et el. contested elections to be determined by, 786. not to be directed by legislature in decisions, 114-116. action of, not to be set aside by legislature, 116. must act by majorities, 117. not to be open on election days, 773. power to declare laws unconstitutional a delicate one, 194, 195. will not be exercised by bare quorum, 197. nor unless necessary, 198. nor on complaint of one not interested, 199. nor of one who has assented, 199. will not declare laws void because solely of unjust provisions, 199–204. nor because conflicting with the spirit of the constitution, 208–210. special, for trial of rights of particular individuals, 492. of star chamber, 423. of high commission, 423. martial, 394, n. of the United States, to be created by Congress, 12. general powers of, 14. removal of causes to, from State courts, 15. to follow State courts as to State law, 16, 17. to decide finally upon United States laws, &c., 14, 361. require statutes to apportion jurisdiction, 26. have no common-law jurisdiction, 26. CRIMES, committed abroad, punishment of, 155. legislative convictions of, prohibited, 19, 42, 317. ex post facto laws prohibited, 19, 42, 323. punishment of, by servitude, 366. search-warrants for evidence of. (See SEARCHES AND SEIZURES.) accusations of, how made, 379. presumption of innocence, 379, 381. right of accused party to bail, 380, 381. prisoner refusing to plead, 382. trial to be speedy, 382, 383. and public, 383. and not inquisitorial, 384. prisoner's right to make statement, 381-392. confessions as evidence, 385–392. prisoner to be confronted with the witnesses, 392. to be by jury, 379, 394. jury must consist of twelve, 394. right to jury cannot be waived, 395. prisoner's right to challenges, 395. jury must be from vicinage, 395, 396. must unanimously concur in verdict, 396. judge not to express opinion upon the facts, 397. how far jury may judge of the law, 398–401. accused not to be twice put in jeopardy, 403-406. when nolle prosequi equivalent to acquittal, 404. oath of, 409 and n. duty of, 409, 410, 413, 416. denial of, in England, 410. court to designate, for poor persons, 412. whether one may refuse to act, 412. privilege of, is the privilege of the client, 413 and n. not at liberty to withdraw from case, except by consent, 413. habeas corpus for imprisoned parties, 418-432. CRIMES, -continued. but privileged if made in course of judicial proceedings, 551, 553. CRITICISM, of works of art and literary productions is privileged, 568. of public entertainments and sermons, 569, n. CROWN OF GREAT BRITAIN, succession to, may be changed by Parliament, 105. CRUEL AND UNUSUAL PUNISHMENTS, for counterfeiting money, 25. under State and municipal laws, 242. CURATIVE LAWS, 460–479. CURTESY, ESTATE BY THE, power of legislature to modify or abolish, 447. CUSTODY, of wards, apprentices, servants, and scholars, 420, 421. of children by parents, 420, 431. of principal by his bail, 422. CUSTOMS, (See COMMON LAW; DUTIES AND IMPOSTS.) D., DAM, to obtain water power, condemnation of land for, 663, 666-669. erection of, across navigable waters by State authority, 740. DAMAGES, in libel cases, increased by attempt at justification, 547. for property taken by the public, must be paid, 699. DAMNUM ABSQUE INJURIA, what consequential injuries are, 481, 678. DEATH, common carriers may be made liable for causing, 725. DEBT, in Parliament, formerly not suffered to be published, 523. (See FREEDOM OF SPEECH AND of the Press.) public, declared inviolable, 13. confederate, not to be assumed or paid, 13. DEBT, continued. imprisonment for, may be abolished as to pre-existing obligations, 351, 352. DEBTOR, control of creditor over, 422. DEBTS BY THE STATE, prohibition of, whether it precludes indebtedness by municipalities, 271. the peculiar feature in American government, 228. judicial, binding force of, 57-66. (See JUDICIAL PROCEEDINGS.) DECLARATION OF RIGHTS, (See BILL OF RIGHTS.) DECLARATORY STATUTES, in English constitutional law, 29-32. are not encroachments upon judicial power, 112–115. DEDICATION, of lands to public use, 292, n., 706. DEEDS, invalid, may be confirmed by legislature, 470, 471. DEFENCES, not based upon equity, may be taken away by legislature, 461-479. ↑ DEFINITIONS, of a State, 1. of a nation, 1. of a people, sovereignty and sovereign State, 1. of a constitution, 2, 3. of an unconstitutional law, 4. of construction and interpretation, 48, 49. of self-executing provisions, 99-102. of legislative power, 110, 111, 113. of judicial power, 110-112, 115. of declaratory statutes, 112. of due process of law, 437. of law of the land, 437. of personal liberty, 418. of natural liberty, 493, n. of liberty of the press, 525, 527. of liberty of speech, 527. of religious liberty, 580-583. of taxation, 598. of the eminent domain, 651. of police power, 713. of domicile, 755. |