imprisonment for, may be abolished as to pre-existing obligations, 287.
imprisonment for, now generally abolished, 341.

DEBTOR,

control of creditor over, 341.

DEBTS BY THE STATE,

prohibition of, whether it precludes indebtedness by municipalities, 217,

218.

DECENTRALIZATION,

the peculiar feature in American government, 189.
DECISIONS,

judicial, binding force of, 47-54.

(See JUDICIAL PROCEEDINGS.)

DECLARATION OF RIGHTS,

was a declaratory statute, 257.

(See BILL OF RIGHTS.)

DECLARATORY STATUTES,

in English constitutional law, 22-24.

are not encroachments upon judicial power, 93–95.
judgments not to be reversed by means of, 94, 95.
purpose and proper force of, 93–95.

DEDICATION,

of lands to public use, 238, n., 565.
DEEDS,

invalid, may be confirmed by legislature, 377, 378.
but not to prejudice of bona fide purchasers, 378, 379.

DEFENCES,

not based upon equity, may be taken away by legislature, 370–383.
under statute of limitations are vested rights, 365.

DEFINITIONS,

of a State, 1.

of a nation, 1.

of a people, sovereignty and sovereign State, 1.

of a constitution, 2.

of an unconstitutional law, 3, 4.

of construction and interpretation, 38, n.

of legislative power, 90-92, 94.

of judicial power, 91, 92, 94.
of declaratory statutes, 93.
of due process of law, 353.
of law of the land, 353.
of personal liberty, 339.

of natural liberty, 393, n.

of liberty of the press, 420, 422.

of liberty of speech, 422.

of religious liberty, 467, 468.

of taxation, 479.

of the eminent domain, 524.

of police power, 572.

of domicile, 600, n.

DELAWARE,

revenue bills must originate in lower house, 131, n.

protection of property and person by law of the land, 352, n.
liberty of speech and of the press in, 415, n.

disqualification of religious teachers for office, 468, n.

religious tests forbidden, 469, n.

DELEGATION OF POWER,

by the legislature not admissible, 116–125.

except as to powers of local government, 191.
by municipal corporations invalid, 204.
DEPARTMENTS OF THE GOVERNMENT,
division of powers between, 33-37, 39, 87–94.
equality of, 45, n., 47, n.

DESECRATION OF THE SABBATH,

constitutional right to punish, 476, 588.

DIRECTORY STATUTES,

what are, and what are mandatory, 74, 78.

doctrine of, not admissible as to constitutional provisions, 78-83.
DISCRETIONARY POWERS,

what are, 39-43.

department to which they are confided decides finally upon, 39-43, 115, n.
DISCRIMINATIONS,

cannot be made in taxation between citizens of different States, 487.

in legislation between different classes, 389–397.

in the privileges and immunities of citizens, 11, 15, 16, 397, 599.
not to be made on account of religious belief, 467–470.

DISCUSSION,

right of, 349.

(See LIBERTY OF SPEECH AND OF THE PRESS.)
DISFRANCHISEMENT,

of voters, may render a statute void, 616.

what classes excluded from suffrage, 28-30, 73, 599.
DISTRICTS,

for schools, powers of, 240, 247, 248.

exercise by, of power of eminent domain, 537.

for taxation, necessity for, 495, 497.

not to tax property outside, 499.

taxation to be uniform within, 502.

DIVISION OF POWERS,

between sovereign States, 2.

between the States and the Union, 2.

among departments of State government, 33-37, 39, 87.

DIVISION OF TOWNSHIPS, &c.,

question of, may be submitted to people, 119.

disposition of property and debts on, 193, n.

DIVORCE,

question of, is properly judicial, 109.

power of the legislature over, 109, 110.

general doctrine of the courts on the subject, 111.
conflicting decisions, 112, 113.

DIVORCE, continued.

DOGS,

-

legislative divorce cannot go beyond dissolution of the status, 114.
constitutional provisions requiring judicial action, 110, n.

laws for, do not violate contracts, 284.

and may be applied to pre-existing causes, 266, n.

what gives jurisdiction in cases of, 400, 401.

actual residence of one party in the State sufficient, 400, 401.

conflict of decisions on this subject, 401, 402.

not sufficient if residence merely colorable, 401.

necessity for service of process, 402.

cannot be served out of State, 403.

substituted service by publication, 403, 404.
restricted effect of such notice, 405, 406.

order as to custody of children, 405.

alimony not to be awarded if defendant not served, 406.

police regulation of, 595.

DOMAIN,

ordinary, of the State, distinguished from eminent domain, 523.
DOMICILE,

gives jurisdiction in divorce cases, 400.

but must be bona fide, 401.

of wife, may be different from that of husband, 401, n.
of one party, may give jurisdiction in divorce cases, 400.
of voters, meaning of, 599, 600.

DOUBLE PUNISHMENT,

for same act under State and municipal law, 199.
for counterfeiting money, 18.

DOUBLE TAXATION,

sometimes unavoidable, 513.

DOUBTFUL QUESTIONS,

of constitutional law, duty in case of, 73, 74, 182-186.

DOWER,

legislative control of estates in, 360, 361.

DRAINS,

appropriating property for purposes of, 533.
special assessments for, 491, n., 510, 511.
ordered under police power, 589.

DRUNKENNESS,

does not excuse crime, 476, n.
is a temporary insanity, 599, n.

DUE PROCESS OF LAW,

meaning of the term, 353, 369, n.

(See LAW OF THE LAND.)

DUPLICATE PUNISHMENTS,

by States and United States, 18.

by States and municipal corporations, 199.

DUTIES AND IMPOSTS,

to be uniform throughout the United States, 10.
what the States may lay, 15.

DWELLING-HOUSE,

is the owner's castle, 22, 299.

homicide in defence of, 308.

quartering soldiers in, prohibited, 308.

DYING DECLARATIONS,

admissible in evidence on trials for homicide, 318.

inconclusive character of the evidence, 318.

EASEMENTS,,

E.

acquirement by the public under right of eminent domain, 524.
private, cannot be acquired under this right, 530, 531.

(See EMINENT DOMAIN.)

ECCLESIASTICAL CORPORATIONS,

powers and control of, 467, n.

ELECTIONS,

on adoption of State constitutions, 27-31.

people exercise the sovereignty by means of, 598.

who to participate in, 599.

constitutional qualifications cannot be added to by legislature, 64, n.
exolusion of married women, aliens, minors, idiots, &c., 599.

conditions necessary to participation, 599, 601, 602.

presence of voter at place of domicile, 599.

what constitutes residence, 599, 600.

registration may be made a condition, 601.

preliminary action by the authorities, notice, &c., 602.

mode of exercising the right, 604.

the elector's privilege of secrecy, 604-606.
a printed ballot is " written," 604.
ballot must be complete in itself, 606.
technical accuracy not essential, 607.
explanations by voter inadmissible, 607.
must not contain too many names, 607.
name should be given in full, 608.

sufficient if idem sonans, 608.

what abbreviations sufficient, 608, 609.
erroneous additions not to affect, 610.
extrinsic evidence to explain imperfections, 611.
ballot must contain name of office, 612.

but need not be strictly accurate, 612.
different boxes for different ballots, 613.
elector need not vote for every office, 613.
plurality of votes cast to elect, 614, 620.
effect if highest candidate is ineligible, 620.
freedom of elections, 614.

bribery or treating of voters, 614.

militia not to be called out on election day, 615.

courts not to be open on election day, 614.

bets upon election are illegal, 615.

contracts to influence election are void, 615.

ELECTIONS― continued.

elector not to be deprived of his vote, 362, n., 616.
statutes which would disfranchise voters, 616.
failure to hold election in one precinct, 616.

liability of inspectors for refusing to receive vote, 616.
elector's oath when conclusive on inspector, 617.
conduct of the election, 617.

effect of irregularities upon, 617, 618.

what constitutes a sufficient election, 619.

not necessary that a majority participate, 620.
admission of illegal votes not to defeat, 620.
unless done fraudulently, 621.

effect of casual affray, 621.

canvass and return, 622.

canvassers are ministerial officers, 622.

canvassers not to question returns made to them, 622.

whether they can be compelled by mandamus to perform duty, 623.
contesting elections in the courts, 623.

canvassers' certificate as evidence, 624.

courts may go behind certificate, 624.

what surrounding circumstances may be given in evidence, 626.
whether qualification of voters may be inquired into, 627.

to legislative body, house to decide upon, 133.

EMANCIPATION,

of slaves in Great Britain and America, 11, 295-299.
of children by parents, 340.

EMINENT DOMAIN,

distinguished from ordinary domain of States, 523.
definition of, 524.

right of, rests upon necessity, 524.

cannot be bargained away, 281, 525.

general right is in the States, 525.

for what purposes nation may exercise right, 525, 526.

all property subject to right, 526.

exception of money and rights in action, 527.

legislative authority requisite to, 527.

legislature may determine upon the necessity, 528, 538.

conditions precedent must be complied with, 528, 529.

statutes for exercise of, not to be extended by intendment, 530.

the purpose must be public, 530, 531.

private roads cannot be laid out under, 530, 531.

what constitutes public purpose, 532, 533.

whether erection of mill-dams is, 534-536.

property need not be taken to the State, 536.

individuals or corporations may be public agents for the purpose, 537, 538.
the taking to be limited to the necessity, 539-541.

statute for taking more than is needed is ineffectual, unless owner assents,
540, 541.

what constitutes a taking of property, 541.

incidental injuries do not, 542-544.