is shown. The courts of the United States are courts of limited, although not inferior jurisdiction, and their jurisdiction must be shown, must appear of record. The state judiciary has the exclusive power of determination as to the import and effect of its constitution, as has already been stated, and must say whether a state statute is or is not in conformity with the state constitution; and no other department or tribunal can so say, or rightfully pass upon the question.

I have presented a general outline of the judicial departments of the federal and of the state sovereignty. It has not been my purpose to discuss any particular branch of jurisprudence, or to exhibit in detail the entire. machinery of the departments considered. My intent is, to present for your consideration certain prominent results or deductions, which may be made from an analysis of the departments to which reference has been made. One prominent feature consists in a distribution of jurisdiction. The courts of the United States and of the several states, are classified; each having its particular class of cases, or department of jurisdiction. Each sovereignty, the federal and the state, having one court, exercising a general supervision and control over all other courts of the same sovereignty. Another feature consists in a division of power, which is two-fold, one derived from a division of government, from the establishment of two sovereignties; the other from the creation and division of departments. This division of department is seen in the judiciary, by the establishment of judges to determine the law, of a jury to determine the fact. The judicial department, as I have endeavored to present it, shows the same theory, the same system, the same science of government, which are shown in the legislative department. This theory, this system, this science, consists in

the establishment of internal political and social institutions; of a distribution and division of power; in the coöperation of the people in the management of these institutions, and in the execution of the trusts confided to government.

LECTURE IX.

. REVENUE.-TARIFF.-FREE TRADE.-PUBLIC LANDS-TERRITORIAL GOVERNMENTS.THE ADMISSION OF NEW STATES.-THE INDIAN TRIBES.

THE system of government which exists in the United States, is invested with every supposed essential capacity. A most important power is found in the right of imposing taxes or duties for its support, and for the execution of all the powers with which it is intrusted. The power of taxation is difficult, and often dangerous, to the government by which it is applied. The powers of government when exercised imperceptibly, or upon matters which do not operate upon the avocations of the citizen, so as to impede his pursuits or plans, are not the subject of general discussion. Men are accustomed to contribute indirectly, from their private resources, to many purposes designed to promote the improvement of society and of individuals, sums of money which they would not expend for the same purpose directly. Taking advantage of this peculiarity of the human mind, fairs and similar schemes, in themselves of no value, are resorted to as the means of obtaining money for purposes which are worthy and important. Government and political associations are accustomed to avail of this peculiarity, so far as possible, in the selection of means, by which to obtain an adequate revenue. They resort, as a consequence, to indirect tax

ation, whenever such method can be made successful. In this respect, the federal government has ample power, by recourse to direct and indirect taxation.

The constitution of the United States provides, that "the congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises, shall be uniform throughout the United States." This clause confers ample power for the accomplishment of the limited and legitimate duties of the federal sovereignty. It has, however, been the subject and the occasion of different and opposing political opinions. On one side, the words which authorize congress to provide for the common welfare of the United States, have been relied upon as conferring an almost unlimited power. Under a supposed protection derived from these words, considered without reference to the connection in which they are found, schemes of enlarged internal improvement have been invented, and, in some instances, have succeeded. Some of those who have advocated such schemes, seem to have forgotten for the moment, that the federal sovereignty is one of limited powers, designed and conferred for certain defined purposes. They have also disregarded the well settled principles of construction, which must be applied to an express grant for a specific purpose. In such case, ordinarily, general words which may be found are not designed to enlarge the grant, or extend it to any purpose not immediately connected with, and essential to, its subject. Other politicians, looking at the system, rightfully in this respect, as one of limited jurisdiction, have insisted upon a close, strict construction, forgetting the purpose of the system, and disregarding the rules of construction applicable to every written document. Both of these views are unsound and inconsistent with the true theory. The