The transition might have been indefinitely postponed had not the Civil War awakened the American people to a sense that their national existence was endangered by the laxity with which the Constitution was construed and administered, and that it could not be preserved without a vigorous exercise of the authority vested in the President and Congress. Above all, they were made to feel that the United States are a government of and for the people, acting directly on them, and having a paramount claim to their allegiance which may be enforced by arms as well as laws. The existence of such a right and duty is plainly written in the Constitution. Though long questioned in some quarters, it was vindicated by Hamilton and Webster with unanswerable logic, and finally put at issue in the Civil War, and decided in favor of the United States. The arduous conflict with secession called forth powers that had previously lain dormant, and the peril to which the country was exposed naturally inclined the courts to strengthen the government, and uphold every law passed in good faith for the suppression of the insurrection. Some of the acts done under the stress of such a struggle lay near the boundary line of the Constitution, if not beyond its verge, and gave rise to complex questions which were brought into court. The steps taken during the height of a civil war, and for the reorganization of the hostile territory when overt resistance ceased, were for the first time in the history of mankind submitted to the judiciary, and tested by forensic and constitutional principles. It is not surprising that the intricate problems thus presented were viewed differently even by candid minds, and that while some of the best citizens thought that force had been carried to an extent which endangered freedom, others were of opinion that the vindication of national authority and the maintenance of the Union were a prime necessity, to which inferior considerations must yield. The situation was the more difficult because some of the cases were new to public law, or had never been authoritatively examined and defined; many were of the first impression under the Constitution of the United States, and all had to be considered and decided while the fires of the recent conflict were still smouldering. Hence arose a conflict of opinion on the bench not less than at the bar, and controversies of great moment were not unfrequently adjudged by a divided court, and sometimes by a bare majority of five voices against four. A vast and untravelled field was thus thrown open for critical examination and research, and years may pass before it is thoroughly explored. Under such circumstances the duty of a student of public law is both difficult and obvious. Jurisprudence is a science which must suffer unless pursued with a single eye to truth; and while the decisions of a court of last resort are conclusive between the parties, they are also steps in the process by which an accurate conception of public and private law may ultimately be attained. A writer who passes them in review should therefore give the opinions of the judges, whether conflicting or concurrent, as fully as circumstances will permit, and yet not hesitate to state his own, and the grounds on which they have been formed. Should he err in such an endeavor he may still hope that his mistakes will be corrected by abler thinkers, and may indirectly contribute to form the public opinion which in the long run guides legislators and courts. I may add that this work is an embodiment of a course of lectures delivered in the Law School of the University of Pennsylvania, with such additions and modifications as are made requisite by the current of decision and events. The author has been assisted in reading the proofsheets and otherwise by FREDERICK M. LEONARD, Esq., and in the preparation of the index, by ALBERT B. WEIMER, Esq. PHILADELPHIA, October 22, 1888. J. I. CLARK HARE. The Constitution of the United States. - Twofold Sources of its Interpre- tation; viz., the Instrument itself, and the History of the Institutions and Events that preceded its Adoption. Its relatively long Endurance contrasted with the many recent Changes in the Government of France and with the Innovations of the past Fifty Years in England. - The Character of its Framers; Washington. — Their Conservatism. The Essential Elements of the Constitution not devised by them, but the Result of the Experience of the Anglo-Norman race. -The War of Independence not a Revolution, but a Defence of Established Rights. - The United States a Sovereign and Integral Nation, not a mere Alli- ance of Independent States. - Weakness of the Confederation. The Constitutional Convention; Its Object, ―the Creation of a Strong but Free Government. -The Methods discussed. - Federation. - Centrali- zation. - Concurrent and Co-ordinate Government by the States and the United States. A System without Historical Precedent. Analogies in the Feudal System and in the Jurisdictions of the Courts at West- minster. The Relations of State to National Legislation. — The Su- preme Court of the United States the Final Arbiter of Constitutional Questions. The underlying Rule of Adjustment between the State and the United States the Common-Law Principle that the Validity of a Command or Act depends on the Legal Powers of the Source whence it proceeds. Nullification. - The Method provided for amending the Constitution an Indication of the Subordination of State Sovereignty. - The System of Representation in Congress partly Federal, and partly acy of the United States asserted, and the Sovereignty of the States, even under the Confederation, questioned by King, Madison, Gerry, Morris, and others. The United States a Government of Individuals, not of States. The People, not the States, the Immediate Subjects of The Nature of the United States Government (continued): Its indefeasi- bility. Secession, according to the State-Rights Opponents of the Adoption of the Constitution, Treason. - The Doctrine of Calhoun. Contemporanea expositio est optima et fortissima in lege. — The Supremacy of the National Government urged in the State Conventions as an Objection to the Constitution. — Henry and Mason in the Virginia Convention; Findlay in the Pennsylvania Convention; Martin's Address to the Maryland House of Delegates; Discussion and De- nial of the Right of Secession in the Conventions of New York and |