INTRODUCTION.

THE following work contains the substance of a course of over one hundred lectures, delivered by the author before the Law School of the University of the city of New York. In the spring of 1858, he had the honor to receive the appointment of professor of law in that University, which office he held until the summer of 1864. During the continuance of his professorship, he was led, both by duty and inclination, to a thorough investigation of the history and grounds of our civil polity.

The original plan of this work took its rise many years ago, when he first entered upon the practice of the law. He then made a successful effort to disseminate a knowledge of our State and national constitutions and laws among the masses of the people. He prepared and published, in the several States, more than three thousand pages of law matter, the publication of which extended to over one hundred thousand copies, which were read by more than one million American citizens.

He had the satisfaction to find that his efforts were encouraged and patronized by the leading statesmen and jurists in the land; yet the author was well aware that these works were by far too limited, and that their place should be supplied by some work embracing a complete and comprehensive view of the rise, progress, and present organization of our State and national governments. Such a work he attempted to prepare during his professor

ship in the University. He has frequently been solicited by his former students, and by many eminent jurists, to adapt his lectures to the great mass of American citizens, and have them published in a popular form, for the purpose of supplying the increasing demand for a more extensive and thorough knowledge of the government of our Republic. He has been assured that such publication at the present time would be attended with great advantage to all classes of our fellow-citizens.

It was the intention of the author, in preparing this work, to give the reader a clear and comprehensive view of the government and laws of our Republic, at all the stages of its progress, from the establishment of the first permanent English colony to its present rank among civilized nations. So intimately connected were the colonial governments with the government of England, that a knowledge of that government and its laws is absolutely essential to a complete knowledge of our own. We see the people of the "mother country" gradually rising from a low state of barbarism, abandoning the sacrifice of human beings, breaking away from the authority of the Druids, and attaining a high rank in national power. The seven Saxon kingdoms are united into one monarchy. William, the Norman conqueror, ascends the throne, still occupied by his descendants. The barons demand from King John magna charta, the bulwark of English liberty. The war between the houses of York and Lancaster is terminated. Henry VII. ascends the throne, during whose reign America is discovered.

Henry VIII. and his three children, Edward, Mary, and Elizabeth, fill the throne in succession. The virgin queen rules for more than forty years, leaving an indelible impression upon her own nation, and giving the name Virginia to a vast territory in America. James, her successor, divides the territory into North and South Virginia. Charters are granted to two separate companies. The first permanent colony is established at Jamestown, and the first legislative body on the continent there assembled. Colo

nies are formed in North Virginia. They establish a government. It is at first Democratic, then Republican. Charles I. ascends the throne of England. A civil war breaks out between the king and parliament. South Virginia sympathizes with the king. The colonies in North Virginia form a confederation, under the tile of "The United Colonies of New England." Five years of civil war, and Charles is a prisoner. He is charged with treason, condemned and beheaded. The monarchy is abolished. A republic is established. Cromwell is at the head of the army. He seizes the sovereign power; disperses parliament; summons a new parliament; publishes a new constitution; assumes the title of Protector. After exercising the sovereign power for nine years, Cromwell, the Protector, dies. The monarchy is restored. Charles II. ascends the throne. He is acknowledged as king by the American colonies. He takes possession of the New Netherlands for the Duke of York. He grants liberal terms of capitulation. The name is changed to New York. Trial by jury is introduced. New York City is incorporated.

The Duke of York succeeds Charles II., with the title of James II. His reign is short and inglorious. Jeffreys is appointed chief-justice, afterwards lord-chancellor, who is the most unscrupulous and profligate judge in English history. Charters of the colonies are demanded and surrendered. William, Prince of Orange, is invited to assume the government of England. Ireland adheres to James. The battle of the Boyne is fought. William is victorious. Ireland submits to William. The war between William and James extends to America. The French colonies, with their Indian allies, carry on war against the English colonies for seven years, during which time the colonies suffer great losses. The French colonies continue to encroach upon the English colonies. Another war commences. At length, the French surrender their most valuable possessions in America to the English.

The English colonies are dissatisfied with the arbitrary

conduct of the English government.

Numerous causes arise leading to revolution. In 1774 a Continental Congress meets. They pass spirited resolutions. They send an address to the king and to the people of England. The action of that government is not satisfactory. The blood of the Revolution begins to flow. On Friday, June 7, 1776, a resolution is offered in the Continental Congress, declaring the colonies independent. The birthday of the Republic has come. The cord which bound her to the mother country is severed. The resolution is made public, July 4, 1776. The declaration of independence is proclaimed. Articles of confederation are adopted. Independence is achieved. Constitutions are formed. Their purpose is declared. Inalienable rights are defined. Selfevident truths are declared. The people are the source of political power. Three separate departments of government are formed. The powers and duties of each are de-' fined. Two grades of government are established. The powers and duties of each are settled. The government is one and indivisible, whether it acts through its State or national grades, or its legislative, executive, or judiciary departments.

The sources of American law by which the nation is governed. The common and statute laws of England before the Revolution are claimed as a birthright. All that is applicable to their new form of government is retained. Parliament, Congress, and the State legislatures, are constructed after the same model. Their organization, the method of making laws in each, their legislative journals, and the rules and usages by which they are governed, are nearly the same. Since the Revolution, each State has its statute law, comprising the acts passed by the legislature of the State; and its common law, comprising the decisions of its courts. The nation also has its statute laws and its common law.

Drawn from these sources of American law, we have endeavored to present to the reader a clear and concise view of the election of State and national officers, with

their official duties-Families, the foundation of civil society-Their influence-They begin with marriageThe marriage contract-Who may be parties-How celebrated-Effect of marriage upon the property of the parties-Their reciprocal rights and duties-How far the husband is bound by the contracts of the wife--Duties of parents to their minor children-The right to their services-The extent of their power to govern and correct the child-The rights of the minor child-By what contracts bound-Marriage the only source of legitimacyParents and children reciprocally bound to support each other-Guardians of infants-Their powers and dutiesDissolution of the marriage contract-General rules of law governing contracts-Real property-Sources of title -The feudal system in England-Its origin and historyClasses of estates-Transfer by deed-How made, executed, acknowledged, and recorded-Its contents and covenants-Estates in dower-Estates by the courtesyDescent of real property-Emblements and fixturesThe right of eminent domain-The right of way-The rights of proprietors of the banks of flowing rivers.

Last wills and testaments-How made and executedWhen they take effect-In what court proved and recorded-Letters testamentary-Letters of administration -Powers and duties of executors and administrators-Inventory of the estate-Sale of personal and real property for the payment of debts and legacies-Revocation of wills.

General partnerships-Special partnerships-The contract of bailment-Classes of bailment-Degree of care required-Ordinary care-Extraordinary care-Slight negligence-Gross negligence-The responsibility of the bailee-Innkeepers and guests-The rights and duties of each-Common carriers-Their liability-Common carriers of passengers-Their responsibility in case of accident-The law of the road-Travel on the highway of nations-Marine insurance-Fire insurance-Life insurance -The logic of pleading-No legal remedy without plead