the public through a publication which which will cause future productions of the same series to be looked for with interest. It consists of a formal treatise of the Veto Power, showing its origin, development and functions. The production is one which treats of a subject of general interest to the thinking public on account of the use of that executive prerogative during the past few years, and as a well analized and thorough exposition of a topic in the constitutional development of the United States, it deserves the consideration of the student of history and politics.

THE AMERICAN STATE REPORTS. By A. C. Freeman. Vol. XIII. San Francisco: Bancroft-Whiting Co., 1890.

All that is necessary to do in this case is to call our readers, attention to the completion of the thirteenth volume of this valuable set of reports. They have been reviewed so many times in the past, and so much praise has been bestowed upon them that more would be superfluous. This volume treats of cases in Ala., Cal., Col., Kan., Mich., Neb., N. H., S. C., Tex. and W. Va.

Nos. 7, 8, 9 AND IO OF THE JOHN HOPKINS UNIVERSITY STUDIES. NOTES ON THE PROGRESS OF THE Colored People of MARYLAND, and THE STUDY OF HISTORY IN HOLLAND AND BELGIUM.

In these two works the usual high standard of the John Hopkins University Studies is maintained. The first is written by so high an authority on the colored people, as Jeffrey B. Brackett, Ph. D.; and the second is an excellent translation, by Henrietta Leonard, from the French of Paul Fredericq. Both works are very important, additional to the Historical and Political Science of the country, and w

VOL. IV.

No. 3.

LECTURE I.

THE JUDICIAL DEPARTMENT OF THE UNITED

STATES.

1. The separation, by the Constitution, of the powers of government into three great departments, legislative, executive and judicial. The difficulty of making an absolute separation of these three powers.

2. The three departments substantially distinct and independent of each other.

3. Neither department exercises abso-, lute powers. Essential difference between legislative power of Congress and Parliament, executive power of President and King, Judicial power of Federal Courts and Foreign Courts of General Jurisdiction.

4. All judicial power is not vested in the government by the people, and all the judicial power which is vested in the government has not been conferred by the government on the courts.

5. Whether it is the duty of Congress to vest all the judicial power in the Federal Courts? Judge Story's view. Martin

vs. Hunter, Wheat. 304. The opposite view. Sheldon vs. Sill, 8 How. 449.

6. The judicial power can only be vested in courts. Apparent exceptions, such as power to determine patent interferences, to audit accounts, to pass upon legal questions generally conferred on executive departments, not actual exceptions. Murray's Lessee vs. Hoboken &c. Co., 18 How. 272.

7. Duties not judicial cannot be imposed on Federal Courts. Hayburn's Case. 2 Dall. 409; United States vs. Ferriera, 13 How. 40; Gordon vs. United States, 2 Wall. 562. Exception in Constitutional provision that appointment of inferior officers may be vested in courts of law. 8. The Constitutional Grant of Judicial Power. Cons. Art. 3.

9. The Federal Courts in which the Judicial Power has been vested are the District Courts, the Circuit Courts, the Court of Claims and the Supreme Court.

10. Certain United States Courts which are not created under the Constitutional Grant of Judicial Power.

11. The Court of Impeachment created by the Constitution.

12. The Territorial Courts created under the provision of the Constitution authorizing Congress to make regulations respecting the Territory of the United States. American Ins. Co. vs. Canter, 1 Pet. 546; Dred Scott vs. Sanford, 19 How. 393; Clinton vs. Englebrecht, 13 Wall 434.

13. The Courts of the District of Columbia, Military Courts and Consular Courts created under special Constitutional provisions.

14. Distinction between all these special courts and the Federal Judiciary proper. In the Federal Courts proper the judges hold office for life, their salaries cannot be diminished, no duties except judicial duties can be imposed upon them, and they alone can exercise judicial powers. In the Territorial and other similar courts Congress can fix the term of office for any period, can remove any judge from office, can diminish salaries, can impose any public duties on the judges and can authorize other officers to discharge judicial functions.

LECTURE II.

and over cases of admiralty and maritime jurisdiction necessary because involving matters in which foreign governments had or were likely to have an interest.

4. Jurisdiction over controversies to which the United States were a party obviously proper in all cases, and necessary to enable the government to authorize any suit against itself.

5. Jurisdiction over controversies between States, between a State and citizens of another State, between citizens of the same State claiming lands under grants of different States, and between a State or its citizens and a foreign State, citizens or subjects necessary to avoid partiality or prejudice, or the suspicion of it, in State

courts.

6. Federal Jurisdiction depends on subject matter or on parties.

7. A case is a subject on which the judicial power is capable of acting which has been submitted to it by a party in the form prescribed by law. Osborn vs. United States Bank, 9 Wheat. 819.

8. A case may arise under a defense. Cohens vs. Virginia, 6 Wheat. 379; Tennessee vs. Davis, 100 U. S. 257.

9. A case does not require that the only question involved be one included in the