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. the original distinctions between those pare ties had for a long time disappeared, and although the collisions and hostility between them were occasionally continued and revive ed, yet these contests were maintained on new and independent grounds; and the ancient : tests were so far omitted or forgotten with respect to individuals, that theixoriginal creed as to the Constitution, was either lost sight of, or deemed obsolete and unimportant. It is true, indeed, that in some parts of the Union these original distinctions were to a certain degree preserved, and that of late years they have been more extensively revived; but in the contentions which have thence arisen the Author has had no personal concern or sympathy as a partizan. It is long since he withdrew from political life; and in the Judicial office which he held for some years previous to being called to his present station, he endeavoured to cultivate those qualities which the faithful performance of judicial duties imperiously demands. He trusts, therefore, that as he approached the present subject with no views or feeling of party interest, he has been actuated, in treating it, neither by the spirit of a mere politipian, the partiality of an advocate, nor thé

zeal of a polemic; but that he has proceeded under the influence of sentiments and habits more recently and sedulously cherished, and been enabled, as if bound by the solemn sanc-. tion of an inquest of life, “to present all things truly, to the best of his ability, without fear, favour, affection, or hope of reward.” , . ..?. '".

, Columbia College, N. Y. I. . August 1st, 1833.

ANALYSIS.

Introduction. 1. Definition and origin of political Constitutions, as derived,

1. From tradition, or the act of the Government itself.
2. From written fundamental compacts.
Either of which may be formed
1. On a simple principle of

1. Monarchy.
2. Aristocracy.

3. Democracy.
2. Or combine these three forms in due proporiions,
by means of the principle of representation ap-
plied
1. To the powers of Government; which are,

1. The Legislative.
2. The Executive,

3. The Judiciała
2. To the persons represented in the Govern-

ment. II. Foundations of representative Governments were laid

1. Partially, in the British Colonies, in which were eş. tablished

1. Royal Governinents.

2. Proprietary Governments. 2. Universally, in the American States, upon the esta

blishment of independent Governments, which secured
the enjoyment of

1. The inalienable natural rights of individuals.
2. The political and civil privileges of the citizens,

designed for maintaining, or substituted as equivae

lents for, natural rights. III. The same fundamental principles were recognized and

adopted upon the establishment of a Federal Government by the people of the several States.

1. In regard to the principle of representation, as applied

1. To the three great departments of Government.
2. To the individual citizens of the United States,

and to the several States of the Union.
%. In regard to the distribution of the powers of Govern.
ment, as the Constitution of the United States contains.
1. A general delegation of the Legislative, Execu-

tive and Judicial Powers, to distinct departments;

and 2. Defines the powers and duties of each department

respectively. OUTLINES of that branch of Jurisprudence which treats of

the pripciples, powers, and construction of the Constitution, are therefore to be traced, FIRST. With regard to the particular structure and or

ganization of the Government. ŞECOND. In relation to the powers vested in it, and the

restraints imposed on the States. PART I. Of the structure and organization of the Govern

ment, and the distribution of its powers amongst,

its several departments. Ch, d. Of the Legislative power, or Congress of the United.

States. 1. Of the constituent parts of the Legislature, and the modes of their appointment.

1. Of the House of Representatives.

2. Of the Senate. 2. Their joint and several powers and privileges. 3. Their method of enacting laws, with the times.

and modes of their assembling and adjourning. Ch., 2. Of the Executive power, as vested in the President..

1. His qualifications; the mode and duration of

his appointment, and the provision for his supa

port.

2. His powers and duties. Ch. 3. Of the Judicial power.

1. The mode in which it is constituted:
2. The objects and extent of its jurisdiction.
3. The manner in which its jurisdiction is distri..
buted.

1. Of the Court for the trial of Impeachments.,
2. Of the Supreme Court.
3. Of the Circuit Courts.
4. Of the District Courts.
5. Or the Territorial Courts.
6. Of powers vested in State Courts and Ma.

gistrates by laws of the United States.

PART II. Of the nature, extent, and limitation of the powers

vested in the National Government, and the restraints imposed on the States, reduced to different

classes, as they relate Ch. 1. To security from foreign danger; which class coin

prehends the powers 1. Of declaring war, and granting letters of marque

and reprisal. 2. Of making rules concerning captures by land

and water. 3. or providing armies and fleets, and regulating * and calling forth the militia.

4. Of levying taxes and borrowing money. Ch. 2. To intercourse with foreign nations; comprising the

powers 1. To make treaties, and to send and receive am

bassadors and other public ministers and con

suls. 2. To regulate foreign commerce, including the

power to prohibit the importation of slaves. 3. To define and punish piracies and felonies committed on the High Seas, and offences against the

laws of nations. Ch. 3. To the maintenance of barmony and proper inter

course amongst the States, including the pow

ers 1. To regulate commerce amongst the several

States, and with the Iudian tribes. 2. To establish Post-offices and Post-roads. 3. To coin money, regulate its value, and to fix

the standard of weights and measures. 4. To provide for thc punishment of counterfeiting

the securities and public coin of the United States. 5. To establish an uniform rule of paturalization. 6. To establish uniform laws on the subject of

bankruptcies. 7. To prescribe, by penal laws, the manner in which

the public acts, records, and judicial proceedings of each State shall be proved, and the effect they

shall have in other States. Ch. 4. To certain miscellaneous objects of general utility ;

comprehending the powers 1. To promote the progress of science and the

useful arts. 2. To exercise exclusive legislation over the dis

trict within which the seat of government should be permanently established; and over all places

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