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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.
Introduction. 1. Definition and origin of political Constitutions, as derived,
1. From tradition, or the act of the Government itself.
1. The Legislative.
3. The Judiciała
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
1. The inalienable natural rights of individuals.
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.
and to the several States of the Union.
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
2. His powers and duties. Ch. 3. Of the Judicial power.
1. The mode in which it is constituted:
1. Of the Court for the trial of Impeachments.,
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