페이지 이미지
PDF
ePub

He has drawn the materials for his work from original sources, and from commentaries of classic excellence. We see traces of interminable rummagings of the Madison Papers, the Federalist, Elliot's Debates, Story and Rawle on the Constitution, Kent's and Blackstone's Commentaries, as well as the most patient gleanings from official, statistical, and chronological tables.

In reading the author's manuscript, as I was permitted to do, I was struck with its absolute freedom from all political bias, the pure ether of impartiality that marks every page, the clear and well-defined statement of fact, and, above all, the almost faultless analysis and symmetry of the entire work.

The author has published the analysis in chart form, separate from the book, in large type, suitable for display in the schoolroom; and has thus furnished an invaluable aid in the study of the book and in class-rehearsals.

We commend the book as a conscientious one, made on honor, and calculated to last. Not only graded schools, but colleges and the higher institutions of learning, will find it of advantage to introduce it into their course of study. The student of civil government will thank the author for such a book, as it will surely kindle a taste for the study of this subject. Besides, it will do much to remove the popular ignorance regarding our institutions, too long prevalent in this country, where the humblest citizen is invested with the attributes of political sovereignty.

JAMES E. LATIMER.

CONTENTS.

[blocks in formation]

· 137

.

[ocr errors]

PAGE.

240

. 241

244
245
245
245
246

. 189

. 192
• 197

249
249
250
252
256

[ocr errors]

• 206

• 257
• 259

CHAPTER IV.

CHAPTER X.

POWERS OF CONGRESS.

STATE PROHIBITIONS.

Article 1. Finances

157 Article 1. State relations

II. Commerce.

166

II. Commercial

III. Commercial

169

III. War

IV. Penalties

172

IV. Penalties

V. Postal

175

V. Nobility

VI. Patent and Copy Rights . 178 VI. Duties

VII. War

181

VII. Slavery

" VIII. Judiciary

IX. Naturalization

189

X. Territory

CHAPTER XI.

XI. States

PERSONAL RIGHTS.

XII. Executive Vacancy

201

" XIII. Appointments

Article I. Domicile

201

XIV. Constitutional Amend-

II. Security

ments

202

III. Judicial

XV. Slavery.

IV. Criminal Actions

. 203

XVI. General Law-making

1. Civil Actions

. 205

XVII. Meeting

VI. Treason

VII, Official Immunities

CHAPTER V.

LAW-MAKING.

CHAPTER XII.

Article I. Proceedings

207

First Process

207

EXECUTIVE DEPARTMENT.

Second Process

. 207 Article I. In whom vested.

Third Process

208

II. Term.

II. Orders, Resolutions, and

III. Eligibility

Votes

211

IV. Election

V, Oath of Office

CHAPTER VI.

VI. How removable

PROHIBITIONS ON THE UNITED STATES. VII. Salary

Article 1. Habeas Corpus.

211

VIII. Powers and Duties

II. Direct Taxes

III. Export Duties

213

IV. Inter-State Commerce

CHAPTER XIII.

214

V. Public Money

214

VICE-PRESIDENT.

VI. Nobility

. 215 Article 1. Eligibility

VII. Penalties

216

II. Election

" VII Foreign Slave-Trade 217

III. Oath of Office

IX. Repudiation

221

IV. Term

X. Freedom

222

V. Powers and Duties

CHAPTER VII.

RELATING TO OFFICERS.

CHAPTER XIV.

Article I. Ineligibility

225

JUDICIAL DEPARTMENT.

II. Foreign Patronage 227 Article 1. Where vested

III. The President

227

II. Judges

IV. Impeachment

228

III. Jurisdiction

[blocks in formation]
[ocr errors]

213

[ocr errors]

. 230
. 230

231

• 302
• 305
. 306

232

[blocks in formation]

§ 1. THE NORTH-AMERICAN COLONIES, over which the British Government maintained supremacy for more than a hundred years, were known as New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Ever since the Declaration of Independence, they have been called States.

§ 2. They were settled chiefly by British subjects, except New York and Delaware ; the former by emigrants from Holland, and the latter from Holland and Switzerland.

§ 3. The British claim to jurisdiction over these Colonies was founded on what Christian nations recognized as the right of discovery. Great Britain denied from the beginning the right of the Dutch to make settlements in America. That denial was based on the fact that John Cabot and his son Sebastian, British subjects, under commission from Henry the Seventh, sailed along the eastern coast of North America in 1497. The Cabots, however, made no attempt at settlement or conquest.

$ 4. At the time of its settlement, Delaware was an appendage

to the government of New York; but it was afterwards separated from that Colony, and came under the jurisdiction of Pennsylvania. New York was early wrested from the Dutch by conquest, and brought under British authority.

$5. The only title which the nations of Europe had to any part of the American continent was founded on what they called the right of discovery. It is difficult to comprehend the justice of this pretense, when it is known that the country was already occupied by a race of men who had been in undisputed possession for untold ages. As between themselves, it might not be unjust or improper that the European nations should make discovery the foundation of title; but, as against the natives of the soil, discovery could not furnish the shadow of a claim.

$6. The right of discovery set up by the Europeans, substantially ignores the sacred rights of the original inbabitants of this country. Nativity must furnish a more valid title than discovery; and there is not a people on earth that would require any argument to convince them of this where their own rights were involved.

Demonstrations of power are not always demonstrations of right.

$ 7. The Indians have always been treated as merely lawful occupants, having at most only a qualified right to the soil. The powerful nations of Europe, and our own government, have recognized them only as tenants-at-will, subject to removal at the pleasure of superior power.

$ 8. The learned Judge Story remarks in regard to the wrongs perpetrated on the red man, “They have not been permitted, indeed, to alienate their possessory right to the soil, except to the nations to whom they were thus bound by a qualified dependence : but, in other respects, they have been left to the free exercise of internal sovereignty in regard to the members of their own tribe, and in regard to the intercourse with other tribes; and their title to the soil, by way of occupancy, has been generally respected, until it has been extinguished by purchase, or by conquest, under the authority of the nation upon which they were dependent.

$ 9. “A large portion of the territory in the United States to which the Indian title is now extinguished has been acquired by

« 이전계속 »