Constitution of the United States, and the Amendments to the same; and the Letter of General Washington, as President of the Convention, to the President of Congress. It is also improved by a table of contents, a copious alphabetical index, and a designation of the numbers written by Mr. Madison, corrected by himself. (Note 4.) STORY'S COMMENTARIES ON THE CONSTITUTION. These volumes will always be regarded as an authoritative source of constitutional law. We have selected such portions as we believe are best adapted to the wants of a student, not doubting that the whole of the residue will be carefully studied in the course of his subsequent professional reading. (Note 5.) Du PONCEAU ON THE JURISDICTION OF THE UNITED STATES COURTS.—The learned author of this Dissertation is well known as a scholar, and a philosopher, who thinks deeply and accurately. The volume has been extensively read, and will continue so to be. The questions discussed are of the highest constitutional importance; and we regret that what is a valuable dissertation, has not been since extended by its able author, into a volume, co-extensive with the subject, and in all respects the worthy representative of his talents and learning. It is, however, all that he professed to give; and has justly commanded the admiration of all who have read it. (Note 6.) SERGEANT'S CONSTITUTIONAL LAW.-This is a didactic and regular treatise on the theory, and the practical operation of the Constitution of the United States. The subjects are well arranged, and embrace all that the Constitution. and laws made under it, point out, and all that the courts have decided in respect to both. It is a volume addressed rather to lawyers, than to statesmen; for it is expository throughout, and aims at no speculative discussions of doubtful questions. In this respect it is highly valuable to the practising lawyer; and is, indeed, the only systematic law treatise on the subject. The second edition appeared in 1830. (Note 7.) CRANCH'S REPORTS IN THE SUPREME COURT OF THE UNITED STATES.-We refer the student to Note 7, ante page 421, &c. for remarks on the Reports of Cranch, Wheaton, and Peters, of decisions in the Supreme Court of the United States, from 1801 to 1835. (Note 8.) ADDRESS of the MINORITY, &c.—We have had occasion to remark more than once, that pamphlets, essays, dissertations, and, in fine, the ephemeral productions of some exigency, often contain the substance of more extensive and elaborate works, and deserve to outlive the momentary cause of their being." These two pamphlets cannot, and ought not to be forgotten: they are documents of great interest and importance. We had some hesitation, however, in recommending them, because political; but where is the distinct boundary between constitutional and party dissertation? * Vide ante Note 30, page 286: post notes 8, 9, on Title XIII. PARTICULAR SYLLABUS. TITLE XII. "Whilst almost every European nation remains plunged in ignorance respecting the constitutive principles of society, and only regards the people who compose it as cattle upon a farm, managed for the particular and exclusive benefit of the owner; we become at once astonished and instructed by the circumstance that the thirteen republics have, in the same moment, discovered the real dignity of man, and proceeded to draw from the sources of the mo t enlightened philosophy, those humane principles on which they mean to build their forms of government.'-Abbe De Mably. THE CONSTITUTION AND LAWS OF THE SEVERAL STATES IN THE UNION. (Note 1.) 1. Smith's Comparative View of the Constitutions of the several states with each other, and with that of the United States, exhibiting in Tables the prominent features of each Constitution, and classing together their most important provisions under the several heads of Administration; with notes and observations. [Second edition, 1832.] 2. Griffith's Law Register. (Note 2.) (Note 3.) NOTES ON THE TWELFTH TITLE. (Note 1.) The student will readily admit the absolute necessity of an extensive and accurate knowledge of the statutory code of the particular state, in which he contemplates to practise his profession. The various legislative enactments, by which the Common and Statute Laws of the mother country have been either confirmed, repealed, altered, or modified, should receive his diligent attention. Whether, and to what extent, the Common Law of England is the lex non scripta of the United States, in their federal capacity, and how far this common law, and the English statutes, are obligatory in the several states composing the union, are points on which the student will of course duly inform himself. Next, in orderly succession, should follow a minute knowledge of the Constitution and laws of the federal government, the Constitution and laws of the state in which the student is to reside, and finally, such of the laws of the sister states as are not merely of local, but of general interest throughout the union; such, for example, as those regulating the execution and authentication of deeds, powers of attorney, and other legal instruments; the provisions respecting inland bills of exchange, the laws relative to the attachment of the property of non-resident debtors, those respecting insolvents, and finally, all such state laws, as are likely to affect the interests of the citizens generally. For the attainment of this essential branch of his studies, we beg leave to submit to the student the following rules: 1. If there be a Digest of the laws of the state in which he is to reside, it should be attentively studied, in preference to the statute book at large; and in so doing, the Digest being interleaved, the student should note down the material points in which these positive and written enactments deviate from the Common Law, or the statutes of England. He should, in his annotations, regard the important judicial constructions which have been made on these statutes, and likewise note down such new laws and amendments, as have been enacted since the publication of the Digest. If no such Digest has been published, we earnestly recommend to the student, as the easiest and most certain mode of acquiring definite and durable knowledge on the subject, to abridge analytically all the state laws then in force, of an important and general nature; to arrange them alphabetically under titles, and to annotate in the manner just prescribed. Let not the student shrink from such a task. We are convinced that, in the end, it is a great economy of time, by no means an arduous undertaking, and will more strikingly compensate the student, than perhaps any other part of his professional knowledge. 2. After the student has accomplished this highly improving task, he should direct his attention to such of the laws of the sister states as we have above described. This knowledge need not be very minute or definite; it will generally be sufficient to know precisely whither to refer for it; and to this extent it may easily be attained by a cursory review of the indexes of the most recent and valuable editions of the State Laws, and with a particular eye to the subjects most likely to be of practical use to him. The books of American Reports might occasionally be examined, with a view to important constructions of the statutes particularly interesting to the student.* * Much of this species of information is to be found in Hall's American Law Journal, a work of merit, and great utility; also in the American Jurist; the United States Law Intelligencer; and in the South Carolina Repository. |