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,

51

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

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.