ceived, that this most delicate and important question, so far as the state of New York is concerned, is judicially and definitely settled, and that whatever may be the rule in England on this point, the rule here is finally put at rest, and that too, as we think, in strict accordance with the spirit and genius of our peculiar political institutions, under a written compact defining and limiting legislative powers. § 838. I have now presented all the varied topics which I have deemed it important to discuss. It is due to myself in conclusion to say, that in the presentation of this branch of my subject I have considered it important to present many instances in which a particular rule of construction has been applied to particular cases, as illustrative of the rule itself, as well as its practical application by courts, and in such instances to present so many of the facts and circumstances of the case as to enable my readers, without a resort to the cases themselves, to readily perceive the extent to which the rule itself has been carried, and the mode of applying it. In considering the rules of construction under the varied heads of remark, I have also in some instances presented in juxta-position the varied views of judges in reference to a given topic, even at the expense of a repetition of similar views, when considering the same subject under a different head, and also in instances where the same rule was adopted, but a different application made of it; or its application was to be considered under a somewhat varied aspect, by way of illustration. With this apology for the fault of prolixity in this respect, I close this work, and to all human probability, under my present impressions, terminate my labors as a legal author. INDEX. A ABSOLUTE NATURE OF GOVERNMENT, 236 to 309. in America, 258 to 259. in England, 243 to 258. ACTS IN DEROGATION OF NATURAL RIGHTS, WHEN VOID. 236 to 309. ACTS DIRECTORY, 782 to 796. ACTS, PUBLIC AND PRIVATE, 913 to 934. AFFIRMATIVE AND NEGATIVE ACTS, 771 to 813. affirmative acts creating a franchise, 790. AFORESAID, directing a thing to be done in a given time, 782. do not take away a custom, 796. effect upon actions at common law, 771. effect upon the common law, 771. giving a right, and silent as to remedy, 774. introductive of a new law, 778. nature of, 771. requiring acts to be done by public officers, 795. when directory, 782 to 795. when cumulative as to remedy, 797 to 813. ARCHONS. their authority, 11. ARKANSAS. bill of rights, 230 to 233. legislature of, 233 to 235. ATHENIAN DEMOCRACY, 12. ATHENS. assembly of, 10. government of, 9. senate, 10, 12. ATTAINDER BILLS. Definition of, 366. distinction between them and bills of pains and penalties, 366. AUTHENTIC INTERPRETATION, 603, 625. B BANKRUPT LAWS. power of congress over, 351. not exclusive in congress, 351. right of state not taken away until congress exerts the power, 351. constitutional restrictions upon, 377 to 381. nature of, 377 to 379. must issue on faith of state, 378. must be designed to circulate as money, 378. persons issuing must have power to bind the state, 378. states cannot issue them, 380. states may grant acts of corporation for attainment of objects of so- state bank bills not bills of credit, 381. BILLS APPROPRIATING PUBLIC PROPERTY OR MONEY TO C CARTHAGENIAN GOVERNMENT, 15. character of, 17. senate and assembly, 17. senate, 15. senate's powers, 16. suffetees and magistrates, 15. tribunal of the hundreds, 16. CHRISTIAN. view of authority of parliament, 243. CLOSE INTERPRETATION. nature of, 603 CLOSE CONSTRUCTION, 604, 610. COMMERCE. definition of under constitution, 326. includes traffic, 326. includes navigation, 326. what is meant by "among the several states," 328. whether it extends to health and inspection laws, 331. what acts concerning commerce are within federal constitution, 335 to 347. what acts not within it, 347 to 351. definition of, 604. CONSEQUENCES. when regarded in construction, 693 to 697. CONNECTICUT. association of inhabitants, 82. bill of rights, 136 to 139. foundation of colony, 80. general court of, 93. grant to colony, 82. history of, 90. laws of colony, 94 to 96. laws how enacted, 89, 100, 101. legislature of, 139, 140. political power of, 90. quo warranto against, 97, 98. CONSTITUTION OF ENGLAND, 40. to what applicable, 310. |