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PREFACE, .

CONTENT S.

CHAPTER I.

A WRITTEN CONSTITUTION.

Government is a machine for imposing rules of conduct-Its only safe
foundation is custom-An unwritten Constitution-A written
Constitution-Ours young in time and experience-Was una-
voidably a written Constitution-Its framers retained what they
could of the English Constitution-The difficulties of their task-
The materials they possessed-A new Government must combine
old things with new-A Government of limited powers-Altera-
tions of the English Constitution, how made-How made in
ours-The Fifth Article-Difficulty of applying it in practice-
Changed condition of the country since the Constitution was
made-Alterations of the Constitution require knowledge and
intelligence higher than the masses possess-Restraints on the
power of the English Parliament-The present war illustrates
the difficulty of applying the Fifth Article-Cannot the Constitu-
tion be altered otherwise than by the Fifth Article ?—The Con-
stitution has not prevented civil war-How can the difficulties
created by the war be met ?-Not by the Fifth Article-There
cannot be a Government with limited powers-Internal checks
to the power of Government-Changes may be made in the Con-
stitution with the approbation of the people-The restraining
power of the Judiciary in our system-Under a written Constitu-
tion, two questions arise: What is the law? and Does it conform

PAGE

to the natural law of all Governments ?-The second question

considered first-Government is the means of applying the su-

preme power of the people to make laws-Power which the people

cannot use, they do not possess-The only power they can use is

that of dismissing their public agents-Should all branches of the

Government unite to alter the Constitution, there is no legal

remedy-Congress would be omnipotent, but for the alleged

check of the Judiciary-Can the Judiciary apply such a check?

-Power is the ability to do something, or cause it to be done-

Can the Judiciary exert a control over the Legislature and the

Executive ?-Not if it be weaker than they-It is useless to dele-

gate power that cannot be exerted-The weakness of the Judi-

ciary-The Legislature must be supreme in a popular Govern-

ment Our Government has not the stability of the English-

What are the defects of our Constitution? and what the remedy?

are problems presented by the war— -Changes demanded by the

people ought to be made by Congress-The want of undisputed

power by Congress the difficulty-Constitutional questions never

settled-Case of Dred Scott-False doctrines-Powers necessary

to the Government illustrated by the rebellion-A Judiciary can-

not be a check on the Government-It cannot exert political

power-What is the duty of the Judiciary in case of an alteration

of the Constitution, intentionally made by the Government with

the assent of the people-Authorities-A supposititious judicial

opinion-Another-Power and duty of the English Judiciary-

Of ours-The war may cause changes in our Constitution-How

can they be made?—Implied powers of Government-Necessity

of ascribing supreme power to Government,

Our Constitution partly new and partly old-The English Govern-
ment the model of ours, so far as circumstances permitted-On
all questions we should therefore ask first, what was the English
law?-Nothing new in the American Union-A pattern for it

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existed in "The United Kingdom," and in the relation of the
British Colonies to the mother country-Love of local power a
characteristic of the Saxon race-The British Union-Conquest
of the Islands by the Saxons-By the Normans-Qualities of
race explain English history-The ruling principle of the En-
glish Government is central combined with local power-Ireland
-Its conquest and union with England-Scotland-Its indepen-
dence and union with England-Similarity between the Act of
Union with Scotland and our Constitution-What is the law of
the English Union with Scotland and Ireland ?-What is the law
of the English Union with the Colonies?-Resistance of the
American Colonies to the Government—The principle involved—
The Imperial power of Parliament-Why our ancestors withdrew
from the British Union-That Union their model when they
came to make one for themselves-What is and must be the law
of the American Union ?-Union of the Colonies before Indepen-
dence-The Confederation-Its defects-A Convention appointed
to make the Constitution-Necessary powers of the Government
to preserve or dissolve the Union-Constitutional provisions-
Bishop Warburton on the nature of an incorporate Union-
Whatever power be ascribed to the Government, it is always
under the control of the States and the people-Power of the
Government under the Constitution is adequate to the exigencies
of the Union-It has power to preserve or dissolve it―The ex-
tent of the country forbids the hope of a perpetual Union-How
it may be dissolved by consent and the permission of the Govern-
ment-The right of secession-Power of the Government to per-
mit and regulate secession-Power of the Government to expel
a State from the Union-Utah-Civilization depends on race-
The Saxon race and civilization do not flourish in the South-
In the South we have the black race- -Its influence on civilization
-A time may come when Union with the South will be impossible
-The Government must have power to exclude the South from
the Union-The rebellion-The objects of the war on the part of
the Government are the vindication of its authority, and the resto-
ration of the Union-What the Northern people may choose to
do-The Government must have unlimited power, or give place

The Executive branch of our Government a novelty-The English

Executive-Its essential feature subordination to the Legislature

-The war is testing the Executive power of the Constitution-

Two questions have arisen: What is the power of the Govern-

ment to defend the public safety? and What security does the law

afford to personal liberty?-Suspension of the Writ of Habeas

Corpus by the President-Discussions to which it has given rise

-Which department of the Government has authority to suspend

the privilege of the Writ ?What is the English law?—What is

the American law?-Analogy between English and American

Executive power-The President has not exclusive right to sus-

pend the privilege of the Writ-Authorities-Statement of the

law, English and American-Conduct of Mr. Lincoln in suspend-

ing the Writ-His Message to Congress on the subject-Duty of

Congress-What ought to be the law-Other elements of the Ex-

ecutive power of our Government yet to be tested by time-The

position of a British Monarch, and his functions-The hereditary

principle-Dangers of an election of the President by the people-

The ballot-box the American substitute for the hereditary princi-

ple-The American Executive power tested by the war-Diffi.

culty of making a good selection by a popular vote-Position of

the English Ministry-The mode of electing a President provided

by the Constitution-Its failure-Executive patronage-Nomi-

nating conventions-The proper organization of Executive

power a problem yet to be solved by the American people,.

CHAPTER IV.

SLAVERY.

Slavery and the slave trade novelties in our Constitution―The negro
race flourishes in the South-Has become the foundation of
Southern society-The Union could not have been made, unless
slavery and the slave trade had been protected by the Constitution
-They were accepted with reluctance by the Convention-The
founders made a mistake--Disastrous consequences of that mis-
take-The Convention expected slavery to pass away-Why their
hopes were disappointed-Nature of the negro race-Its influence
on the white race-Cotton-Rise of opinion against the slave
trade Against slavery-Growth of the Abolition party-The
South alarmed-Its plans of resistance―They all fail-Secession
-The North roused-Civil war- -Mistakes of the South-Slavery
was safe in the Union-The Constitution on its trial with refer-
ence to slavery-What shall we do with slavery?—Emancipation
as a war measure-Conduct of the Democratic party in relation
to the war-
"The Union as it was"--Prevailing sentiment of the
Northern people-The Government now in a position similar to
that of the founders of the Constitution-The Sphinx's riddle-
Any settlement of the slavery question must satisfy justice for the
negro, the rights of the Southern people and the moral sentiment
of the Northern people-True position of the negro race in the
South-Not that of merchandise-The place assigned to it by the
Constitution-Rights of the Southern people in relation to the
negro race-'
-The Northern people must participate in its govern-
ment-The demands of Northern opinion on the subject-The
President's plan of gradual emancipation by the aid of Congress-
Abolition of slavery in the District of Columbia-Prohibition of
it in the Territories-These measures opposed by the Border
Slave States and by Northern Democrats-Moral influence of the
President's proposal-It does not reach the root of the evil-The
principle that men are property is false-There can be no peace
or Union till it be taken out of the Constitution-The fugitive
slave law-Why has the negro race power over our destiny?—The
President's plan of gradual, compensated emancipation cannot

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