EBRINGTON, Lord, conversation
with Napoleon, i. 304, note.
Education, cannot alone secure
liberty, i. 323.

Edward, Magna Charta of king,
ii. 193.

Elections, direct and double, i.

1

"The
Con-

191. Circuitous in middle
ages, i. 192. Executive influ-
encing them, i. 193. Election
managers, i. 193. Elections
and election statistics, ii. 123
and seq.
Cromwell's act of
1656, ii. 123 and 129.
People's Elect," ii. 124.
ditions necessary to make ge-
neral votes valid, ii. 124 and
seq. Question must be fairly
before the people, ibid. Elec-
tions must be properly organ-
ized, ii. 125. Election judges,
ibid. Election returns not pass
through executive, ibid. and
sequ. Person on whom judg-
ment is passed ought to be in
position to abide by the result,
ii. 126. Two things must be
really before the people, ibid.
The power on whom judgment
is passed must not first com-
mit the crime and then ask for
a vote, ii. 126 and seq. Pre-
sidential election in United
States, ii. 130 and note. Re-
sults of election statistics, ii.
131. The more exclusive the
electoral privilege the less ab-
stain from voting, ibid. When
qualified voters exceed six
hundred, at least twenty-five
per centum abstain, ibid. The
larger the number the more
abstain, ibid. When three
candidates, larger vote, ibid.
Number of votes does not ne-
cessarily indicate the interest
taken in the election, ibid. If
qualified voters exceed several
thousands, one-half generally
vote; two-thirds show great

interest; three-fourths indi-
cate excitement, ii. 131 and
sequ. Voting on men draws
most votes, ii. 132. Votes of
yes or no, no meaning in cen-
tralized and large countries,
ibid. Instances, ibid. and sequ.
Number of votes given in
Athens, ii. 133. Ostracism,
ibid. Why so many abstained
from voting in Athens, ii. 134.
Number of votes given in
France, ii. 135 and sequ.
Number of votes given in Eng-
land, ibid. and sequ. Votes
polled in Massachusetts, ii.
136 and sequ. In South Caro-
lina, ii. 137. In Connecticut,
ibid. Votes polled in United
States at presidential elections
and proportion of abstainers,
ii. 138 and sequ. Manner of
estimating number of qualified
voters, ibid. French vote on
coup d'état, ii. 139. Mr. Per-
signy's estimate of qualified
voters in France, ii. 140. Col.
Espinasse's statement of num-
ber of imprisoned Frenchmen,
ibid. No reliance to be placed
on the vote on coup d'état, ii.
141. Vote on establishing the
French empire, ii. 141 and
sequ. Money-bribery does not
exist, but intimidation, ii. 143.
Vote on French president, ii.
143, note. Election per salt-
um, ii. 302.
Eleutheros, derivation, i. 49,
note.

Emigration, Right of, i. 115 and

sequ.

Enacted Constitutions, i. 178,
note.

England, its early nationaliza-

tion, i. 64. Its historical good
luck, i. 65 and note. Resents
papal interference, i. 76. Is
the mother of republics, ii. 23.
Is a royal republic, ii. 53.

Former penal laws of England
sanguinary, but the penal trial
not, ii. 169. Number of votes
polled in, ii. 135 and sequ.
English, a jural people, ii. 169.
Enthusiasm, can it secure liberty?
i. 323.

Epistolary Communion, i. 110.
Interfered with on the Euro-
pean continent, i. 111. Late
French interference with this
right, i. 111.
Equality. Napoleon's distinction
between equality and liberty, i.
40. As a political element in
Greece, i. 62. Often avowed
by arbitrary power, ii. 94.
Equality and uniformity con-
founded, i. 304. Constitutes
the chief idea of Gallican li-
berty, i. 301. Napoleon's view
of it, i. 306.
Espinasse's, Colonel, estimate of
imprisoned Frenchmen at the
time of the vote on coup d'état,
ii. 140.
Everett, Edward, letter to Mr.
Crampton, i. 117. Words on
inability of the French to es-
tablish governments in foreign
parts, ii. 22.

Every man's house his castle, i.
77.

Evidence, Laws of, in inquisitorial

trial. See Inquisitorial Trial.
Ex-post facto Laws, i. 128.
Executive Judgments, i. 129.
Executive Branch, what it has
the right to do, i. 176. French
view, i. 177, note. Constitu-
tion of United States, i. 177.
Expatriation, forcible. See De-
portation.

Extra Courts of justice, i. 129.
Declaration of Independence
on them, i. 130.

FACTION, i. 165.
Fashion, unanimity of, ii. 112.
Fashions, political, prevented by

Filangieri on pardoning power,
ii. 146.

Forsyth, History of Trial by Jury,
i. 251.

Foster, Sir M., of Homicide, i.
133, note.

Fox, Charles, libel bill, i. 254.
France, number of votes polled
in, ii. 135 and sequ.
Francis, Chronicles, &c. of stock
exchange, i. 161.

Franklin, Dr., opinion on two
houses, i. 211, note.
Frederic of Prussia on multitudes

submitting to one, ii. 73. Com-
plaints of English changes, ii.
74.

Free, etymology of the word, i.
48, note. The word is con-
nected with friede, peace, i. 53,
note. Fridon, in old Saxon,
meant to Protect, ibid. God
alone truly free, i. 48.
Freedom, derivation of the word,
i. 48, note; and note to, i. 53.
Freedom (freithum) in German
means a barony, i. 49, note.
Freemen and Non-Slaves, i. 37.
Freiligrath, German poet, i. 57,
note.

Freithum, see freedom.
French Charters, of Louis XVIII.
and that of 1830 entire, ii. 268.
French Republic of 1848, consti-
tution of, entire, ii. 281.
Frequency of Parliament, British
Declaration of Rights on it, i.

196.

Fridon, old Saxon, to protect, is
of the same root with free, i.
53, note.

Frihals or Frijhals, i. 50, note.
Fronto, ii. 77, note.
Funds, public, under the legisla-
ture, i. 158.

GALLICAN Liberty, i. 298 and
sequ. What it consists in,
ibid. Court of cassation, i.
299. Justice of the peace,
and courts of conciliation, i.
300. Senate, i. 301. Idea of
equality, real French liberty,
i. 301. Not institutional, i.
302. Royer Collard's dictum,
i. 303. Equality and unifor-
mity confounded, i. 304.-
Strange instance of interfer-
ence, ibid, note. Republique
Democratique et Sociale, i.
305. Napoleon's view of equa-
lity, i. 306. Girardin's con-
ception of one power, i. 307.
Making the vote sole basis
of liberty, i. 308. Monastic
orders founded on election, i.
309. Unicameral system, i.
310. Gallican aversion to co-
operative government, i. 311,
note. French derision of par-
liamentary government, i. 312.
National guards, i. 313. An-
glican liberty is opposed, be-
cause not original with French,
i. 317.

General Votes of Yes or No, ii.

123 and sequ. See Elections.
General Warrants, i. 79. Mans-
field on them, i. 80. Green-
leaf on them, i. 81.
Georgian Term for liberty, i. 51,

note.

Girardin, against division of pow-
er, i. 167. Conception of one
power, i. 307. Universal suf-
frage is the republic, ii. 55.
Gladstone's pamphlet on Neapo-

litan trials for treason, i. 107.
Gottfried, woman who poisoned
above thirty persons, i. 259
and sequ.

Great Cities, &c., by Vaughn, ii.
99, note.

Great Charter of King John, en-

tire, ii. 178 and sequ.
Greeks, idea of liberty, i. 39.
Greenleaf on warrants, i. 81.
Grimm, German Dictionary, i. 51,

note.

Grimke, Considerations upon the
Nature and Tendency of Free
Institutions, i. 286, note.
Guards, National, i. 143.
Guizot, representative of parlia-
mentary government in France,
i. 167. Essays on History of
France, i. 173. His opinion on
absolutism, i. 172. History of
the Origin of Representative
Governments, i. 185, note. On
elections in monasteries, i.
309.

HABEAS Corpus Act, i. 82.
Constitution of the United
States on the subject, i. 83.
Alexander Hamilton on it, i.
83. Suspension of, in Eng-
land, i. 130; in the United
States, i. 131. Habeas Cor-
pus Act, entire, ii. 209.
Hallam, on trial by jury, i. 256.
Against unanimity of juries,
ibid. On English equality, ii.

45, note.
Haller, Restoration of Political
Science, ii. 47, note.
Hamilton, Gerard; parliament-
ary logic, i. 208, note. Dr.
Thomas Cooper's opinion on it,
ibid.

Harris, proposes a general veto-
power, ii. 60, note.
Hatsell's Precedents, i. 202.
Herodotus, ii. 82.

High Treason, i. 100 and sequ.
American definition, i. 101.
Chief-Justice Marshall, i. 102.
Historical course of the law,
i. 103, sequ. Peculiar import-
ance of trial, i. 100, seq. 105.

Necessary requisites of a good
trial for high treason, i. 105.
American trial, i. 107.
Historical Progress, i. 281 and

sequ.

Historical Caricatures, ii. 35.

Hobbes, ii. 73.

Hollow Institutions, their great
danger, ii. 37.

Holmes, proposes one-hour rule,
i. 155, note.

Hungary, former constitution, ii.

32.

Commenced
liberty was at
Julius Cæsar,

IMPERATORIAL Sovereignty,
ii. 77 and sequ.
in Rome when
an end, ii. 78.
ii. 79. Their elections, ii. 80,
and Paper on Elections in Ap-
pendix. Mr. Troplong's view
of victorious democracy in
Rome in the emperors, ii. 81.
Epitaph of Massaniello, ii. 81.
Report of the senatorial com-
mittee written by Mr. Trop-
long, on changing the republic
into an empire, see Appendix,
No. xiv. Dajoces, ii. 82.
Mongolian view, ii. 83. Names
and words of no importance,
ii. 84. Attempts at intellect-
ual and moral consistency, ii. |
85. Mr. Michel's, French ad-
vocate, view that people can-
not violate the constitution, ii.
86. Peuple-Roi, ii. 87. Work-
ingmen, not privileged, ii. 88
and note. Ouvriers, ibid. Vox
Populi Vox Dei, ii. 89 and 107
and sequ. Source of impera-
torial sovereignty is not what
it is pretended to be, ii. 90.
The Cæsar always exists before
he is proclaimed as such, ii. 92.
His election futile, ii. 93. Ar-
bitrary power recommends it-
self to popular favor by avow-
ing democratic equality, ii. 94.

Imperatorial sovereignty plau-
sible, ii. 95.

Imperial Constitution of France,
ii. 301.

Impressment of Seamen, i. 83.
New law, i. 84.

Incriminating one's self, i. 93.
Indemnity, Acts of, for British
ministers, i. 133. Instances,
i. 134, note. How Americans
get along without them, ibid.
Independence of the Judge, i.
241 and sequ. Consists in inde-
pendence of position as to fixed.
ness and amount of salary, i.
247. In proper appointment
and not elective, i. 241. (Po-
litical judges, i. 243.) Ought
judges to sit in the legislature?
i. 244 and sequ. In appoint-
ment for a long period, i. 247.
Constitution of United States
on independence of judges, i.
248. It consists in accusa-
torial and public trial, i. 246
and sequ. Immovability, i.

249. French constitution of
1848 decreed appointment for
life. See the Constitution in
Appendix.

Independence of the Judiciary, i.
220 and sequ. View of British

minister on it, i. 237.
Independence, Declaration of, of
the United States, entire, ii.
228.

Individual Liberty, i. 77.
Individual Property, i. 122 and
sequ.

Initiative, Right of, i. 197.

French legislative corps de-
prived of it, i. 197. Ministers
had it in France under the
charters. Despots do not al-
low it to the legislature, i. 296.
Inquisitorial Trial, i. 94, 169, 239
and sequ. English penal laws
formerly sanguinary, but trial
not, ii. 169. The inquiring
judge reports on the case, ii.

It

170. He is not properly re-
stricted, ibid. No regular in-
dictment, ibid. Prisoner is
urged to confess; no physical
torture, but psychical, ii. 171.
No cross-examination of wit-
nesses, ibid. Justice and po-
lice are mixed, ibid. Sorrow-
ful defence, ibid. Punishment
proportioned according to evi-
dence, ii. 172. Logic of trial
and conviction, ii. 172 and
sequ. Number of witnesses,
of oaths, &c., ii. 173 and 174.
Torture still exists in the world,
ii. 176, note. It may return
in some countries, ii. 176. In-
deed it has in Naples, ibid.
Insecurity of Uninstitutional
States ii. 64 and sequ.
Institution, i. 320 and sequ.
alone can secure liberty, i. 322
and sequ.
Definition of insti-
tution, i. 324. Characteristics,
i. 325 and 338. Single but
great laws called institutions,
i. 325. Instances of institu-
tions, i. 326. Derivation of
the word, i. 327. Grown and
enacted institutions, i. 328.
Dr. Arnold's definition, i. 329.
Difference between institute
and institution, i. 331, note.
Perpetuity of institution, i.
331. Brilliant periods without
institution, i. 332. Neither
Greeks nor Romans had words
for institution, i. 333. Reason
why, i. 334. Modern tendency
to abstract, i. 334, note.
Christian Politics, by Sewell, i.
337, note. The opposite of
institution, i. 339. Vicious
institutions, i. 340 and sequ.
Strength of institutions, i. 341.
Institutional tribes, i. 342.
Louis Napoleon calls himself
an institutor, i. 346. Hollow,
effete institutions, i. 347. They
serve sometimes as bridges, i.
VOL. II.-31