iv

INDEX.

Corporations of government, 51, 82, 84, 138.
private, rights of, 42, 136, 139, 140.
Conventions, of the states of England, 56.

of the states of this Union, 12, 35, 59, 66.
Crown lands, to whom they belonged after the revolution, 49, 66, 75, 86.

Declaration of rights at the revolution in England, 43.
of rights by the colonies and congress, 14, 26, 68.

of independence, its effects on the political condition of the several states,
28, 72, 75, 78.

Exceptions, in deeds and grants, how construed, 64, 171.

Ferries, right of, defined, and grants thereof, 150, 151, 153.
nature, extent, and construction of, 156, 163, 168.
Franchise, corporate, what are, 136.

of port markets, fairs, ferries, their extent, &c. 154, 157.

Government, federal law organized and administered, 20, 25, 33.

its powers, nature and extent thereof, 22, 24, 66, 81, 183, 192.
of states, their powers and restraints thereon, 14, 43, 88, 89, 186.
of territories, how organized, and powers, 85, 88, 91.

Grants, by prerogative or by government, how construed, 142, 143, 148, 164.

to charitable or public use, 142, 143.

for private benefit, 143, 144.

of franchises on public highways and rivers, 142, 144, 146, 152.
of franchises on private property, 146, 151.
ancient, or charters, how construed, 43, 44.

of franchises by prescription, on what founded, 164, 165.
consideration of, and when void, 152, 155, 157, 161, 166.
how proved, and their extent, 146, 149, 153, 154, 165.
when exclusive, or may be concurrent, 157, 163, 165, 167.

Health laws, power of states to pass, 184.

Inspection laws, extent of the power of states to pass, 170, 184, 187.
control of congress over, 189, 194.

Internal police of states, by whom to be regulated, 69, 182.

what is, 187, 194, 196.

Jurisdiction of states defined, and its extent, 88, 186.
cession of, 66, 83, 87, 88, 93, 97.

of federal and state governments, 183 to 196.

King, nature and extent of prerogative, 52, 53, 142, 165.

Land in colonies, the absolute propriety thereof, 49.

Laws of states, when subject to revision and control by congress, 170, 189, 191.
when void and when valid, 185, 188.

Magna charta, the law of the colonies, 4, 6.
its provisions, 77, 137, 139.

New states, how admitted into the Union, 22, 90, 92.

Ordinance of 1787, its provisions and effect, 5, 88, 90.

Paupers, power of a state to prevent their introduction, 185, 194.

People of the United States, the term defined, 31, 44.

how they acted in adopting the constitution, 18, 31, 36.

by what people it was adopted, 30, 32, 82, 97.

how a people act in their "aggregate collective capacity," 32, 52, 60, 67.
how they acted before 1787, 81.

how represented under the constitution, 33, 55.

Powers, prerogative of the states, 75, 143.

reserved to the states by the constitution, 45, 171, 183.

Powers, implied or constructive, their nature and effect, 38, 41, 102, 170b, 193.
necessary and proper to carry into effect granted powers, 105, 182, 189.
extent of enumerated powers of, granted to congress, 1706.
Population of the United States, how represented, 20, &c.
Preamble to the constitution, meaning and construction thereof, 30, 37, 61, 97.
Prerogative powers in the United States, how considered, 53, 55.
Prescription, grants by, defined, 165.

to what estate they attach, 165.

Presumption in favour of the validity of state laws, 147, 162.
Prohibitions on states by the constitution, nature and effect thereof, 116, 170, 172, 187.

Reservation in a grant, nature and effect thereof, 45, 65.

of powers in tenth amendment, to whom made, 64.

its effect in the construction of the constitution, 19, 45, 64, 98, 103, 161, 192.

1

States, defined, 13, 16.

confederation between, 16, 24.

political situation of, during the revolution, the confederation, and under
the constitution, 13, 14, 71, 83.
boundaries and territory thereof, 87.
how represented in congress, 33.

Territory, original right of, in whom vested, 66, 75, 86, 88, 93, 95.
how it became vested in the United States, 87, 88, 91, 94, 97.
Treaty of peace with England, its operation and effect, 72, 86, 87.
construction of treaties, 83, 172.

United States, the term defined, 13, 85.
boundaries thereof, 86, 170c.