ON THE

CONSTITUTION OF THE UNITED STATES

HISTORICAL AND JURIDICAL

WITH

OBSERVATIONS UPON THE ORDINARY PROVISIONS OF
STATE CONSTITUTIONS AND A COMPARISON WITH

THE CONSTITUTIONS OF OTHER COUNTRIES.

BY

ROGER FOSTER,

OF THE NEW YORK BAR,

AUTHOR OF A TREATISE ON FEDERAL PRACTICE, TRIAL BY NEWSPAPER, &c.
AND LECTURER ON Federal JURISPRUDENCE AT THE
LAW SCHOOL OF YALE UNIVERSITY.

VOLUME I.

BOSTON:

THE BOSTON BOOK COMPANY.

1895.

65012

COPYRIGHT, 1895,

BY ROGER FOSTER.

The right of translation and all other rights reserved.

Typography and Presswork
BY CARL H. HEINTZEMANN, BOSTON, MASS.

ΤΟ

THE HONORABLE MELVILLE W. FULLER

CHIEF-JUSTICE OF THE UNITED STATES

AS A SLIGHT TRIBUTE

TO HIS LEARNING, PATIENCE AND COURTESY

THIS BOOK IS BY HIS PERMISSION

RESPECTFULLY DEDICATED

CONTENTS.

CHAPTER I.

INTRODUCTION.

§ 1. Paper Constitutions

§ 2. Hostility to the Federal Constitution

§ 3. Anarchy preceding the Federal Convention

§ 4. Previous Attempts at Union .

§ 5. Preliminaries to the Federal Convention

§ 6. Originality of the Work of the Federal Convention

§ 7. Prototypes of the Federal Constitution

§ 8. Models of the Federal Constitution

$ 9. Compromises of the Constitution

§ 10. Result of the Federal Convention .

.

APPENDIX TO CHAPTER I.

John Lilburne and the Agreement of the People.

CHAPTER II.

NATURE OF THE CONSTITUTION AND THE PREAMBLE.

§ 11. Nature of the Constitution of the United States .

§ 12. Sovereignty of the States before the Federal Constitution.

§ 13. The Constitution was formed by the Thirteen States

§ 14. Form of Ratifications of the Constitution

§ 15. Legality of an Indissoluble Union between Sovereign States

§ 16. The Constitution is not a Legal Compact

§ 17. Proceedings in Federal Convention as to the Determination of the

Form of the New Government

V

§ 18. History of the Preamble

§ 19. Significance of the Phrase "We the people of the United States"

§ 20. Significance of the Phrase "to form a more perfect Union"

§ 21. Significance of the Phrase "to Establish Justice"

§ 22. Significance of the Phrase "to Insure domestic Tranquillity"

§ 23. Significance of the Phrase "to provide for the Common Defense

§ 24. Significance of the Phrase "to promote the general welfare"

§ 25. Significance of the Phrase "to secure the Blessings of Liberty"

§ 26. Significance of the Phrase "Ordain and Establish"

§ 27. Significance of the Word "Constitution"

§ 28. Testimony of Contemporary Statesmen on the Nature of the Consti-

tution

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