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ON THE

CONSTITUTIONAL

JURISPRUDENCE

OF THE

UNITED STATES,

DELIVERED ANNUALLY IN COLUMBIA COLLEGE,

NEW-YORK.

BY

VÄILLIAM ALEXANDER DUER, LL.D.,

LATE PRESIDENT OF THAT INSTITUTION,

“Est omnibus necessarium, nosse rempublicam."-Cic.

NEW YORK:

HARPER & BROTHERS, PUBLISHERS,

329 & 331 PEARL STREET,

FRANKLIN SQUARE.

1864.

1

Entered, according to Act of Congress, in the year 1843, by

HARPER & BROTHERS, In the Clerk's Office of the Southern District of New York.

JUN 26,1922
JT83
D 86

TO

JAMES KE NT, LL.D.

MY DEAR SIR, RELYING for forgiveness upon an uninterrupted possession" of your friendship" of more than twenty years, under colour,at least, “ of title," I venture, without your knowledge or consent, to inscribe to you a Treatise on the Constitutional Jurisprudence of the United States. In this act I do but make restitution of your own property, or, perhaps, to express myself more properly, tender payment for the use of it; for you will soon discover that, next to the contemporaneous expositions of the authors of “THE FEDERALIST,” I have drawn my materials more largely and freely from your “ COMMENTARIES" and the lucid and deep investigations of the late CHIEF-JUSTICE MarSHALL than from any other source. And although the responses of that great oracle of the Constitution have ceased, yet may we hope that the inspiration will not be withdrawn while your corresponding adjudications and opinions shall be quoted as authority in the court wherein he so long and auspiciously presided.

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That you may continue, my dear sir, 10 enjoy to the last the same vigour and activity of mind and body which distinguishes you at an age approaching the utmost limit assigned to man's earthly pilgrimage, is the fervent prayer of your faithful, constant, and hereditary* friend,

W. ADUER. Morristown, N. J., May 1, 1843.

* See Appendix D.

PREFACE.

In submitting the following work to the public, there seems a necessity, as well as a propriety, in offering a preliminary explanation of its character and design ; especially as he whose name it bears claims neither the merit of originality for his production, nor the title of author for himself. The present publication consists substantially of the course of Lectures on the Constitutional Jurisprudence of the United States, delivered annually to the Senior Class in Columbia College, while he had the honour of presiding in that venerable and noble institution. The 6 OUTLINES" of those Lectures were published some years ago, at the request of “ THE AMERICAN LYCEUm," an association consisting principally of persons engaged in the practical duties of instruction, who conceived that the study of our national Constitution might be introduced with advantage into the general system of public education. That little treatise, accordingly, appeared in a form adapted to the views of those who had suggested its preparation; which were, fitness as a text-book for lecturers, a class-book for academies and common schools, and a manual for popular use. Except, therefore, as to method and arrangement," as was observed

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