Malice [References are to pages.] responsibility of public officials for acts done with, 1312. Mandamus from federal to state courts, 144. to compel action by state officials, 1074, 1077, 1079. to reinstate in office, 1186. to compel administrative action, 1296. in place of appeal, 1298. power of courts of District of Columbia to grant, 1299. to head of executive department, 1304. to compel obedience to order of administrative superior, 1311. Manufactures taxation in aid of, 585. not a part of commerce, 640, 752. federal power to incorporate, companies for, in the States, 764. Marine Insurance not commerce, 635. Maritime Jurisdiction of United States see "Admiralty." Marque and Reprisal letters of, power of Congress to grant, 798. Marriage and Divorce relation of, to Full Faith and Credit Clause, 205. Martial Law compatible with republican form of government, 161. a form of police power, 1229. does not abrogate civil law and civil law guaranties, 1234. distinguished from military government, 1236. martial rule and war distinguished, 1238. powers of military commander in times of domestic disorder, 1240. jurisdiction of military tribunals outside of theater of war, 1244. Maryland surrender of lands by, 326. Maysville Turnpike Bill veto of, 588. Mexico treaty of United States with, 393, 419, n. Military Commander [References are to pages.] powers of, in times of domestic disorder, 1240. Military Government of Territories, 380. in Cuba, 389, n. authority of, as to levying of customs duties, 400. of hostile domestic territory, 1219. of domestic territory in times of peace, 1221. see "Military Law." Military Law in conquered territory, 387. definition of, 1190. the government of army and navy by, 1191. Articles of War, 1192. obligations imposed by, 1193. powers of military commander, 1196. courts-martial, 1197. jurisdiction of courts-martial over civil offenses, 1200. power of Congress to vest exclusive jurisdiction in military courts, 1200. declaration of war, 1208. organization and disciplining of the militia, 1213. use of militia by Federal Government, 1214. suppression of domestic disorder, 1215. government of foreign territory, 1217. protection of military persons for acts committed under, 1252. Military Occupation effect of, on status of inhabitants, 245. annexation of territory by, 380. Military Tribunals jurisdiction of, outside of theater of war, 1244. Militia power of States to maintain, 846. organization and disciplining of, 1213. use of, as arm of Federal Government, 1214. Milligan Case examined and criticized, 1244. Ministerial Acts mandamus to compel performance of, 1297. Misprision of Treason defined, 840. Modus Vivendi [References are to pages.] power of president to enter into a, 471. Money power of Congress to appropriate, 588. Monroe constitutional views of, 589, n. Monstrans de Droit function of, 1062. Mortgages taxation of, 960. Motives legislative, not subject to judicial inquiry, 18. Movables taxation of, 954. Municipal Corporations distinction between public and private functions of, 117, n. N Nationality see "Citizenship." National Banks taxation of, 92, 108. taxation of circulating notes of, 107. regarded as citizens of States in which located for purposes of juris- National Guard see "Militia." Naturalization nature of, 267, 277. by statute, 280. determining conditions of, a legislative function, 281. granting of, a judicial function, 281. retroactive effect of, 283. by annexation of territory and by treaty, 284. may not be excluded from jury service, 188. status of, in 1789, 265, n. 66 see Dred Scott Case;" "Equal Protection of the Law." Necessary and Proper constitutional meaning of, 58. Marshall's interpretation, 59. New Mexico treaty provisions as to status of inhabitants of, 333. New Orleans riots in, 254. Nominations to office, 1176. Non-contiguous Territory power to annex, 338. Notes circulating, of national banks, taxation of, 107. Notice required in assessment of taxes, 621, €25. injunction to prevent removal of, 1185. mandamus to reinstate, 1186. power of state governors to remove, 1187, n. federal, appointment and removal of, 1174. of United States, defined, 1175. inferior federal, 1175. nomination of, 1176. power of Congress to appoint, 1178. civil service requirements as to appointment of, 1180. Congress may control removal of inferior federal, 1185. liability of the State for acts of, 1309. liability of, to private individuals, 1310, 1312. Oleomargarine constitutionality of laws regulating, 23, 694. administrative ordinances relating to, 1328. Ordinances administrative, power to issue, 1318. establishing railway rates, 1323. |