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Gerry, Elbridge, his proposals con-
cerning administration of North-
west Territory, 419, 420, 425, 426
Girault, Arthur, quotation from his
Principes de Colonisation et Légis-
lation Coloniale, 93, 477, 483
Government, popular and expert,
1-4; division of powers between
instrumentalities representing, 4-
6; acting and superintending
agencies of, 5

Government by affection, as substi-
tute for disposition, 540, 541
Grenville, Hon. George, assists
William Knox in writing the
pamphlet, The Controversy be-
tween Great Britain and the
Colonies Reviewed, 224

Grey, Lord, revives Committee of
the Privy Council for Trade and
Plantations in 1849, 506
Grotius, Hugo, his statement in his
Peace and War, concerning Greek
and Roman conception of Impe-
rial power, 44, 472; derivation of
territory," in his Peace and
War, 103

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Guadaloupe, granted representation
in French General Assembly, 474;
and in French Parliament, 487,
488

Guilds, their application to coloniz-
ing operations, 52-54

H

Hamilton, Alexander, a Federal-
Imperialist in 1774, 282
Hartley, David, his first resolutions

for conciliation, 315-317; his
second resolutions, 335-337
Hawaii, administration of, 572, 573
Hillsborough, Lord, first Secretary

of State for the Colonies, 221; his
circular letter to the colonial gov-
ernors, 250, 251
Holland, policy of, respecting its
dependencies, 484
Hooper, William, responsible for use
of the word disposition
press the Imperial power, 349
Hopkins, Stephen, quotation from
his pamphlet, The Grievances of
the American Colonies Candidly
Explained, 154-156

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Huskisson, William, his views con-
cerning statehood of dependen-
cies, 505

I

Illinois Company, its claims respect-
ing the Western region, 354
Imperial Council (American), pro-
posed, 588, 589

Imperial Council (British), proposi-
tions concerning, 521-530
Imperial Council (English and
British), of 1606, under Virginia
Charter, 36-38, 46, 47, 51; for
Ireland, Lord Bacon's proposition
concerning, in 1606, 51; under
Virginia Charter of 1609, 55-57;
under Plymouth Charter Company
of 1620, 63; Privy Council as,
under Charles I., 66, 68; appointed
by Charles I. in 1634, 66-68; ap-
pointed by Lords and Commons
in 1643, 69; ordinance appoint-
ing, quoted, 69-72; the Council
of State of 1650-1651 as, 75; the
Council of Commerce of 1650 as,
(Under - Council), 75, 76; Lord
Protector's Council of 1653 as,
77; Council of Commerce of 1655
as, (Under-Council), 77, 78; Privy
Council as, under Cromwell, 78;
Council of State of 1658 as, 78,
79; Council of Foreign Planta-
tions of 1660 as, 79-82; Council
for Trade and Plantations of 1760
as, (Under-Council), 83-84; Com-
mittee of Privy Council for Plan-
tations Affairs as, 1670 to 1768,
84-88; Board of Commissioners
for Trade and Plantations as,
(Under-Council), 1696 to 1782,
84-88; for India in England es-
tablished in 1854, 511-514
Imperial Council (French), its insti-
tution and functions, 480, 481
Imperial Council (German), its in-
stitution and functions, 494
Imperial defence, problem of, in
British Empire, 530-534; Ameri-
can Union may adjudicate contri-
butions to, 599, 600

Imperial Department, proposed for
America, 588

Imperial Federation, movement for,
1885-1895, 520

Imperial obligations, recognition of,
by Great Britain, 534-536; recog-
nized by U. S. Constitution, 578-
604

Imperial power, how described by
the Greeks and Romans, accord-
ing to Grotius, 44, 472; how de-
scribed in U. S. Constitution, 445–
473; as described by Congress
and the Supreme Court, 537-577
Imperial Secretariat, its functions as
described by Pownall, 208-223
Imperial State, expression first used
by Sir Francis Bernard, in 1768,
191

Imperial Unity, advocated by Pow-

nall in 1764, 191-207
India, its political relationship to
Great Britain, 508-518; in effect
a Federal State under a Substi-
tuted Central Government, since
1833, 508, 509; Governor-Gen-
eral of, in Council, his dispositive
powers, 510, 511; Council for, in
England, established in 1854, 511-
514

Indiana Company, its claims respect-
ing the Western region, 354;
memorial to Congress of 1779,

401

Indian tribes in America, instruc-
tions to Council for Foreign Plan-
tations of 1670, concerning, 83;
British administration of, in 1763,
142, 143 provisions respecting,
in Franklin's draft of Articles of
Confederation, 351; in Dickin-
son's draft of Articles of Confed-
eration, 352, 353, 357, 358; in
1784, acknowledged the Ameri-
can Union as their Sovereign, 405;
considered by Congress in 1782 to
be dependencies of the Union,
415, 416; relations with, in charge
of Secretary of War from 1789 to
1849, in charge of Secretary of
the Interior from 1849 to 1902,
577
Indo-China, French protectorates in,
in charge of Minister of Foreign
Affairs, 480

Ireland, administration of, from
1495 to 1600, 28; in 1606, 49;
Lord Bacon's advice concerning
colonization of, 50; declared a
Province by William III., in 1690,

97, 98; Franklin's proposal to ad-
mit into American Union, 351;
granted legislative and judicial in-
dependence in 1782, 498, 499:
effect of British concessions on,
499, 500; union of, with Great
Britain, 1800, 501

Isle of Man, administration of, in
1606, 49

J

James I., proclamation of, relating
to Virginia, 64

Jay, John, in 1786-7, regards Con-
gress as the Sovereign of the
American Union, 406

Jefferson, Thomas, his views in 1774
concerning relationship between
Great Britain and the American
Colonies, 188, 189, 282; his views
concerning Lord Chatham's Bill,
319, 320; his draft of the Declar-
ation on Taking up Arms of 1775.
320, 321; his statement of the
issues of the American Revolution,
323, 324; his views in 1775 con-
cerning dependence on Great
Britain, 334; his draft of the De-
claration of Independence re-
modelled, 343-347; drafts Reso-
lution of 1784 for the government
of the Northwest Territory, 420,
421; his views in 1787 concern-
ing the administration of the
Northwest Territory, 431, 432
Jellinek, Dr. Georg, quotation from
his work, Das Recht des Modernen
Staates, 495

Jersey, Island of, statehood of
American Colonies derived from

by Pownall, III

John, King of England, conception
of governmental power in time of,
25, 26
Johnson v. McIntosh (8 Wheaton,
589), decision of Supreme Court
concerning political status of the
Indian tribes, 547-550

Judges, legislative powers of, in
Northwest Territory, 434, 435
Jurisdiction, meaning of in French
public law, 15

Jurisdiction, meaning of, as applied
to the power of a State over its
dependencies, 361

K

Kentucky, provisions relating to, in
Dickinson's draft of Articles of
Confederation, 352, 356, 362, 363
King in Council, legislative powers
of, 264, 265, 273-276, 294, 297
King of France, power of, in admin-

istration of dependencies, II-18
King of Great Britain, power of, in
the American Colonies, 131, 263-
265, 273-276, 292, 293, 341-347;
Address of American Colonies to,
of 1774, 288-293; of 1775, 325,
326, 340, 341

Knox, William, quotations from his
pamphlet, The Controversy be-
tween Great Britain and the Col-
onies Reviewed, 225-233, 236, 237

L

Laband, Professor Paul, quotation
from his work, Das Staatsrecht
des Deutschen Reiches, 492-494
Laisser-aller, period of, in British
Colonial policy, 519, 520
Land Companies, provisions con-
cerning, in Dickinson's draft of
Articles of Confederation, 353,
354, 358; their rights adjudicated
by Congress in 1783, 417
Laud, William, Archbishop of Can-
terbury, member of Imperial
Council of 1634, 66, 67

Law of the land, meaning of, in
U. S. Constitution, 471
LeFur, Louis, definition of the Fed-
eral Empire in his État Fédéral
et Confédération d'États, 490
Legislation, power of Parliament

over the American Colonies
claimed to be power of, 177-
179; power of, distinguished
from power to regulate trade by
Dickinson, 275-277; power of,
distinguished from power of
disposition in U. S. Consti-
tution, 472; power of U. S.
Congress over District of Colum-
bia, a power of, 472

Leonard, William, his letters under
the name of Massachusettensis,
280

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from his work, De la Colonisation
chez les Peuples Modernes, 585
Lewis, Sir George Cornewall, his
Government of Dependencies,

quoted, 95, 96
Lord Chatham's Bill, quoted, 299-
304; its effect in America, 318-
320

Lord North's Conciliation Acts, of
1778, 377-380; action of Congress
concerning, 380-382

Lord North's Proposals, of 1775,
quoted, 309, 310; action of Con-
gress concerning, 327-329
Lord Protector's Council, of 1653,
as Imperial Council, 77
Loughborough v. Blake (5 Wheaton,
317), Territories distinguished
from ultramarine dependencies,
542, 543 views of Supreme
Court concerning the Imperial
power expressed in, 543-546
Louis XVI. of France, grants
West Indian Colonies local as-
semblies, 474

Louis XVIII. of France, policy re-
specting the dependencies, 478,
479

Louisiana, adminstration of, 1804-
1805, 539, 540

Lucas, C. P., definition of "prov-
ince," 95, 96

M

Macaulay, Thomas B., his work in
India, 508, 509
Madagascar, in charge of French
Minister for Foreign Affairs, 480;
statement of French Government
regarding effect of annexation of,
484-486

Madison, James, declares American
Revolution not based on taxation
without representation, 324; in-
troduces resolution in Constitu-
tional Convention respecting de-
pendencies, 455, 456

Maine, grant of, by Charles I., 67,

68
Manifesto of 1778 (American), to
people of the American Colonies,
387
Manifesto of 1778 (British), to peo-
ple of the American Colonies, 386,

387

Mansfield, Chief Justice, his opinion

re-

in Campbell v. Hall, 295, 296
Maori tribes, principle of
sponsible government extended
to, 1852, 507

Martinique, granted representation
in French General Assembly, 474;
represented in French Parliament,
487, 488

Maryland, Charter of 1632 granted,
66; in 1783 declares American
Union the Sovereign of North-
west Territory, 405

Mason, George, views of, concern-
ing powers of Great Britain, 270–
272

Massachusetts, Act of Cession of
November 13, 1784, 415
Massachusetts Bay, Charter of 1629
granted, 66, 67; Charter ratified
by Imperial Council of 1643, 74;
Charter forfeited in 1684, 84;
Charter of 1691 granted, 85; as a
Province under Charter of 1691,
97; in 1692, claims right to tax
itself, 120; claim granted by King
in Council in 1735, 120
Mast-timber Act of 1710 objected

to by American Colonies, 121
McAllister v. The United States
(141 U. S., 174), view of the
Supreme Court concerning the
Imperial power in, 561, 562
Mercantile system, acquiesced in
by the American Colonies, 119,
120; attacked by Adam Smith,
1776, 383

Merivale, Herman, quotation from
his Lectures on Colonization and
Colonies, 505

Meyer, Professor Georg, his views
concerning statehood of the Ger-
man dependencies in Die Staats-
rechtliche Stellung der Deutschen
Schutzgebiete, 496

Monroe, James, his plan for the
government of the Northwest
Territory, 430, 431

Mormon Church v. The United

States (136 U. S., 1), view of the
Supreme Court concerning the
Imperial power in, 560
Morris, Gouverneur, his characteris-
tics, and his standing in the Con-
tinental Congress of 1778, 378,
379; his Observations on the

American Revolution, 388-395;
in 1784 regards Congress as the
Sovereign of the American Union,
405; his resolutions in the Con-
stitutional Convention respecting
the dependencies, 458-465; his
statement in 1804 regarding the
Imperial clause of the U. S.
Constitution, 538, 539

Murphy v. Ramsey (114 U. S., 15),
view of the Supreme Court con-
cerning the Imperial power in,
559

N

Napoleon I., his policy towards the
French Colonies, 477, 478
National Bank v. County of Yank
ton (101 U. S., 129), view of the
Supreme Court concerning the
Imperial power in, 558, 559
Navigation Act of 1651, its purpose
and effect, 76, 119; of 1663, 119;
of 1696, 116, 119
Needful rules and regulations, mean-
ing of, in the Imperial clause of
the U. S. Constitution, 460-462
New States, power of admission of,
into American Union, 465, 466
New York, provisions of deed of
cession of March 1, 1781, 415
Niles, Hezekiah, quotation from his
Principles and Acts of the Revolu
tion, 258

North Carolina, established in 1729,
88

North, Lord, his proposals to the
American Colonies, 310, 311; ac-
tion of Congress concerning, 327-
329; his views concerning re-
sponsibility of the Cabinet to the
House of Commons, 338, 339:
his Conciliation Acts of 1778, 377-
380; action of Congress concern-
ing, 380-382
Northwest Territory, provisions of
Dickinson's draft of Articles of
Confederation relating to, 352.
354-356, 358-362; claim of
American Union to, 403-405 ;
Resolution of October 10, 1780.
concerning, 412-415; original re-
port concerning administration
of, 419; Resolution of 1784 con-
cerning, 420-427; difficulties in

Northwest Territory-Continued
administration of, 427-429; Ordi-
nance of 1787 for the government
of, 429-444; adaptation of Ordi-
nance of 1787 to U. S. Constitu-
tion by Act of 1789, 537, 538;
administration of, from 1787 to
1800, 538

Norton, Lord Chancellor, quotation
from his article How Not to Re-
tain the Colonies, 533

Ohio Company, its claims respecting
the Western region, 354
Ordinance, meaning of, as used by
Congress of the Confederation,
408

Ordinance of 1643, for regulating
the Plantations, 69-72
Ordinance of 1787, for government

of Northwest Territory, as origi-
nally reported, 433-437; as
amended in Committee and by
Congress, 437-440; Articles of
Compact in, 440-442; Federal-
Imperialist theories evidenced by
form of Ordinance, 442-444
Ordonnance, meaning of, in French
public law, 16

Otis, James, quotation from The
Rights of the Colonies Asserted
and Proved, 151-153

Р

Parkin, George R., quotation from

his Imperial Federation concern-
ing an Imperial Council, 523-526
Parliament (British), power of, as
claimed by Massachusetts Bay in
1646, 113, 114; power exercised
by, prior to 1750, 113-117; Brit-
ish claims concerning power of,
1764, 132; in Tariff Act of 1764,
145; in Stamp Act, 149; views of
James Otis (1764), 151, 152; of
Daniel Dulany (1765), 153, 154;
of Stephen Hopkins (1765), 154-
156; claim of American Colonies
in 1765, 159-161; Declaratory
Act of 1766, 177-179; views of
John Dickinson (1767), 180-190;
of Thomas Pownall (1768), 196-
207; of William Knox and George

Grenville (1769), 224-247;_of
James Wilson (1774), 262; of Ed-
mund Burke (1774), 269; of John
Dickinson (1774), 272-279; power
of, recognized by Continental Con-
gress (1774), 284, 286; declared by
Lord Chatham to have a superin-
tending power (1775), 300, 307;
views of Edmund Burke concern-
ing power of (1775), 338; of Lord
North (1775), 338, 339; of the
Continental Congress, 339, 340,
394; modern views, 532, 533
Parliamentary Settlement, with the
American Colonies, advocated by
Sir Francis Bernard, 264, 265
Pennsylvania, Charter granted in
1681, 84; position of General As-
sembly in 1765 regarding taxation,
157

Personality, dependencies may be
conceived of as possessing polit-
ical, 7, 8; claim of American Col-
onies to political, 239, 395-399
Petit, Edouard, views of, in his
Principes de Colonisation et de
Législation Coloniale, 483
Petit, Émilien, quotation from his

Dissertations sur le Droit Public
des Colonies Françoises Espagnoles
et Angloises, 17; from his Droit
Public ou Gouvernement des Col-
onies Françoises, 23

Philippine Islands, American admin-
istration of, 574, 575; in charge
of Secretary of War, 577
Pitt, William (Earl of Chatham),
speech regarding Stamp Act, 173–
175; see also Lord Chatham
Plan of Union, of 1754, its pro-
visions regarding dependencies,
135-141

Plantation, meaning of, 92

Plantations Branch of the Home
Office (British), administration of
the Colonies by, from 1782 to
1786, 500

Plymouth Company, of 1620, as an
Imperial Council, 63
Pollock, Sir Frederick, views of,
concerning an Imperial Council,
524, 525

Popham, Lord Chief Justice, drafts
Virginia Charter of 1606, 36
Popular government, defined, I;
implies unconditional power, 2;

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