Slike strani

massive as was his mind, and let it be inscribed, “HERE LIES THE LAST OF THE FEDERALISTS."

Since the period referred to, the statesman to whom the work was dedicated the last surviving member of that august assembly that formed the Constitution, and sole remaining luminary of that bright constellation of genius and talent, which, in vindicating that instrument from the objections of its first assailants, succeeded in recommending it to the adoption of the people; he who, in discharging the highest duties of its administration, proved the stability and excellence of the Constitution in war as well as in peace, and determined the experiment in favour of Republican institutions and the right of selfgovernment; and, in his retirement, raised a warning voice against heresies in the construction of the national compact, which, for a moment, threatened to overthrow it-has also disappeared from among us, full of years and honours. The enumeration of such services recalls the name of Madison ; and great as were those services, honoured as was that name,

the brightest glory that attends thein both springs from the association of his genius, his learning, and his labours, with those of his once kindred spirits, HamILTON and Jay. “Vita enim mortuorum, vi unita for. tior, in memoria vivorum est posita."

Morristown, N.J. Ist May, 1843.

[ocr errors]


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

1. Monarchy.
2. Aristocracy.

3. Democracy.
2. Or combine these three forms in due proportions,

by means of the principle of representation, ap-
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 éstablished,

1. Royal Governments.

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

lishment 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 equiva

lents for, natural rights. III. The same fundamental principles were recognised 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, 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 principles, powers, and construction of the Constitution, are therefore to be traced, First. With regard to the particular structure and or

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

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

ment, and the distribution of its powers among

its several departments. 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. 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

2. His powers and duties.
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 distrib-

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. Of the Territorial Courts.
6. Of powers vested in State Courts and Ma.

gistrates by laws of the United States.
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, 1. To security from foreign danger; which class com.

prebends 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. 2. To intercourse with foreign nations; comprising the

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

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 com

mitted on the high seas, and offences against the

laws of nations. 3. To the maintenance of harmony and proper inter

course among the States, including the pow

ers, 1. To regulate commerce among the several

States, and with the Indian tribes. 2. To establish postoffices and postroads. 3. To coin money, regulate its value, and to fix

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

the securities and public coin of the U. States. 5. To establish a uniform rule of naturalization. 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. 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 purchased by consent of the State Legislatures for the erection of forts, magazines, arsenals,

dockyards, and other needful buildings. 3. To declare the punishment of treason against the United States.


« PrejšnjaNaprej »