the original distinctions between those parties had for a long time disappeared, and although the collisions and hostility between them were occasionally continued and reviv 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 their original 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 politician, the partiality of an advocate, nor the 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. ANALYSIS. Introduction. I. 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 2. Aristocracy. 3. Democracy. 2. Or combine these three forms in due proportions, by means of the principle of representation applied 1. To the powers of Government; which are, 1. The Legislative. 2. The Executive. 3. The Judicial. 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 established 1. Royal Governments. 2. Proprietary Governments. 2. Universally, in the American States, upon the esta- 1. The inalienable natural rights of individuals. 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. 2. 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, Executive 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 principles, powers, and construction of the Constitution. are therefore to be traced, FIRST. With regard to the particular structure and organization of the Government. SECOND. 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. 1. 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 sup◄. 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. 6. Of powers vested in State Courts and Ma- PART II. Of the nature, extent, and limitation of the powers vested in the National Government, and the re straints imposed on the States, reduced to different classes, as they relate Ch. 1. To security from foreign danger; which class comprehends the powers 1. Of declaring war, and granting letters of marque and reprisal. 2. Of making rules concerning captures by land and water. 3. Of 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 ambassadors and other public ministers and consuls. 2. To regulate foreign commerce, including the power to prohibit the importation of slaves. 3. To define and purish piracies and felonies committed on the High Seas, and offences against the laws of nations. Ch. 3. To the maintenance of harmony and proper intercourse amongst the States, including the pow ers 1. To regulate commerce amongst the several 2. To establish Post-offices and Post-roads. 7. To prescribe, by penal laws, the manner in which 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 district within which the seat of government should be permanently established; and over all places |