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CONTENTS.

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not a Civil Polity-Not a Democracy-Persons and Majorities—How

Regarded—The Slavery QuestionIts Alleged Incompatibility with

Free Institutions—The Law of its Existence and Extirpation,

NOTE,

36

49

CHAPTER III.

THK JUDICIARY.

Its Office in a Government of Laws Its High Trusts and Duties—Suspected

and Convicted Persons—How Regarded-Habeas Corpus-Extra-Con-

stitutional Measures Device for Violating Laws—Bold Usurpations-

The Union a Brotherhood - Accountability of Federal Officials to the

Judiciary—The Equilibrium of the System,

NOTES,

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69

CHAPTER IV.

THE HABEAS CORPUS ACT.

Its Legal Office-Necessary to Free Government-How Suspended-The

Right of the President and Congress Denied-Originated with Us

Subordination of the Military Power-Constitution Suspended by

Overthrow of Judiciary–Military Government a Usurpation-Habits

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CHAPTER VI.

TRIAL BY JURY.-THE HIGH COURT OF STAR-CHAMBER.-SLAVERY IN ENGLAND.

Observations on the Period from Edward I. to the Stuarts_Essential Fea-

ture of the Jury Trial— The Roman Jury Trial—Peculiarity of the

English Jury Trial-Its Origin in the Saxon Courts--Compurgators-

Recognitors—Trial by Peers in Magna Charta-Witnesses Called in

Aid of Jurors under Edward III.-Modern Constitution of the Jury

Settled under Henry IV.-Subsequent Changes-Blackstone on the

Jury Trial-Court of Star-Chamber-Its Origin-How Settled under

Henry VII.-Its Jurisdiction under Henry VIII.--Historical Discus-

sion-Mode of Procedure-Its Abuses and Effects—Civil Jurisdiction

of the Star-Chamber-Its Enormities Described by Clarendon-Obser.

Five Subsidies Granted to the King-Punishment of Dr. Mainwaring-Ille-

gal Commission of Excise Cancelled_Remonstrance of the Commons

Concerning Tonnage and Poundage-Parliament Prorogued-Charles's

Speech-Reassembling of Parliament—Consideration of Grievances

and Outrages-- The King Consents to Tonnage and Poundage as a

Parliamentary Grant-Further Irritations by the Star Chamber

Charles Commands an Adjournment—Resistance of the Commous-

Their Protestation-Charles's Proclamation-Imprisonments—Disso-

lution-Remarks of Clarendon-Daring Proclamation by the King-

Prosecutions of the Imprisoned Members—Disregard of Habeas Corpus

by the Judges—Royal Exactions from the People— Feudal Oppres-

sions and Forest Laws Restored-Ship Money-John Hampden-

Charles's Doctrine of Military NECESSITY Sustained by the Judges in

an “Extra-Judicial Opinion "-The Short Parliament–Grievances

Considered—Supplies Demanded by the King—Answer of the Com-

mons-Dissolution—The Long Parliament-Its Temper from the First

-Unanimity of Lords and Commons-Late Proceedings of the King,

and the Extra-Judicial Opinion of the Judges in Regard to Ship Money

Declared Illegal-Monopolists and Patentees Excluded from Parlia-

ment—Humiliation of the King-Tenure of Judges' Appointments to

be henceforth for Life Act for Triennial Parliaments-Act to Pre-

vent Sudden Adjournments and Dissolutions--Charles Gives up his

Claim to Tonnage and Poundage-Abolition of the Court of Star Cham-

ber and High Commission Court_Ship Money, Forest Claims, and

Feudal Exactions Abandoned-Observations—Satisfaction of Reason-

able Men Among the Commons-Welcome of the King in London on

his Return from Scotland-Puritanism,

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