CONSTITUTIONAL LAW. Ill 



House of Commons, under Henry III., in 1258 ; and the recognition 

 of the Bill of Rights, by William III. and Mary, in 1689. Except- 

 ing in the hereditary power of the king and house of lords, and the 

 unequal representation of the people in parliament, it closely resem- 

 bles our own Constitution, of which it was the principal model. 

 The British Constitution is the result of the successive struggles of 

 the people for liberty ; and it exists, in part, by mere prescription ; 

 having never been digested or sanctioned, as a whole, by any posi- 

 tive act of the people. 



The United States of America, having been originally British 

 Colonies, brought with them the rights, laws, and institutions of their 

 mother country : and most of them had local Legislatures, subordinate 

 to the British Parliament. Their right to the soil, rested on purchases 

 from the Indians, or conquests made in wars with them ; and in regard 

 to foreign nations, they held it by the right of discovery, in virtue of 

 Cabot's first expedition, under the authority of King Henry VII. 

 Having, for the most part, common interests, they several times formed 

 a partial union ; as in 1643, when the New England colonies united 

 against the Indians ; in 1754, when delegates met at Albany, to take 

 measures against the French and Indians, but Dr. Franklin's plan of 

 union failed ; and in 1765, when a Congress of delegates from nine 

 of the colonies met at New York, to oppose the stamp act, and to 

 maintain their rights against the mother country. When at length 

 the acts of Parliament, and the regal power became intolerable, they 

 united in 1774, in a virtual league, or offensive and defensive alliance ; 

 and elected representatives to the Continental Congress, which, two 

 years thereafter, declared " that these United Colonies are, and of 

 right ought to be, free and independent states." Formal Articles 

 of Confederation were proposed in Congress, in 1778 ; but they were 

 not adopted until 1781. 



The Revolutionary War left the states independent, but languishing 

 under a feeble league, and inefficient form of government. With a 

 view to the settlement of some local difficulties, resulting from this 

 state of things, delegates from five states met at Annapolis, in 1786 ; 

 and at their instance, a General Convention met at Philadelphia, in 

 1787, and framed our present Constitution ; which went into opera- 

 tion March 4, 1789. Its preamble is as follows. * We, the people 

 of the United States, in order to form a more perfect union, establish 

 justice, ensure domestic tranquillity, provide for the common defence, 

 promote the general welfare, and secure the blessings of liberty to 

 ourselves, and our posterity, do ordain, and establish this constitution 

 for the United States of America." The first article treats of the 

 national legislature ; the second, of the executive ; and the third of 

 the judiciary : the fourth defines certain relations of the states, and 

 their citizens, to each other and to the Union ; the fifth prescribes 

 the mode of amending the Constitution ; the sixth article recognizes 

 the previous government, but declares that this Constitution shall be 

 the supreme law of the land ; and the seventh and last article, relates 

 to its ratification. 



We proceed to treat briefly of United States Constitutional Law, 

 under the heads of Legislative powers ; Executive powers ; Judicial 



