from Sir Henry Spelman, of adding, retracting, correcting, and polishing, as, on more mature consideration, shall appear to me to be expedient. q

I begin with the general principles of law and obligation. These I shall investigate fully and minutely; because they are the basis of every legal systém; and because they have been much misrepresented, or much misunderstood.

Next, I shall proceed to give you a concise and very general view of the law of nature, of the law of nations, and of municipal law.

I shall then consider man, who is the subject of all, and is the author as well as the subject of the last, and part of the second of these species of law. This great title of my plan, dignified and interesting as it is, must be treated in a very cursory manner in this course. I will, however, select some of the great truths which seem best adapted to a system of law. I will view man as an individual, as a member of society, as a member of a confederation, and as a part of the great commonwealth of nations.

His situation, under the third relation, is, in a great measure, new; and, to an American, peculiarly important: It will, therefore, merit and obtain peculiar attention.

The proper discussion of this title will draw on a discussion of the law of nations, under an aspect, almost

¶ Some alterations, as the reader will observe, were afterwards made in the plan; but they are neither numerous nor important and need not be here particularized. Ed.

wholly new. How far, on the principles of the confederation, does the law of nations become the municipal law of the United States? The greatness of this question is selfevident: it would be very unwise, at present, even to hint at an answer.

After having examined these important preparatory topicks, I shall trace the causes, the origin, the progress, the history, the kinds, the parts, and the properties of government.

Under this title, I shall have occasion to treat concerning legislative, executive, and judicial power; and to investigate and compare the simple and the mixt species of governments and constitutions one, particularly, that is simple in its principle, though diversified in its form and operations.

This will lead me to a particular examination of the constitution and government of the United States, of Pennsylvania, and of her sister commonwealths.

By this time, we shall be qualified to enter, with proper advantage, upon the illustration of the different parts of our municipal law. The common law is the first great object, which will here present itself. I shall think it my duty to investigate very carefully its principles, its nature, and its history; particularly the great event of its transmigration from Europe to America; and the subsequent juridical history of the American States.

Our municipal law, I shall consider under two great divisions. Under the first, I shall treat of the law, as it

relates to persons: under the second, I shall treat of it, as it relates to things.

The division of the United States into circuits, districts, states, counties, and townships will, probably, be introduced here, with some remarks concerning the causes, the operation, and the consequences of those divisions.

In considering the law as it relates to persons, the legislative department of the United States will occupy the first place; the executive department, the second; and the judicial department, the third.

Under the first, the institution and powers of congress will come into view. The principles on which the senate and house of representatives are separately established, will be carefully discriminated; and the necessary remarks will be made on the great doctrine of representation. The importance and the manner of legislation will also claim a portion of our regard.

In considering the executive authority of the United States, the appointment, the powers, and the duties of the president, will first attract our notice. We will then proceed to consider the number and the nature of the subordinate executive departments. We shall here have an opportunity of taking a very general view of the civil, commercial, fiscal, maritime, and military establishments of the United States.

When we come to the judicial department, our attention will be first drawn to the supreme court of the United States. Its establishment and its jurisdiction will

be particularly considered; as also the establishment and jurisdiction of the circuit and district courts.

Here the nature, the history, and the jurisdiction of courts in general; and the powers and duties of judges, juries, sheriffs, coroners, counsellors, and attornies will be naturally introduced.

Perhaps this may be the proper place, likewise, for some general observations on the nature and philosophy of evidence; a proper system of which is the greatest desideratum in the law.

The investigation of the different parts of the constitution and government of the United States, will lay the foundation of a very interesting parallel between them and the pride of Europe-the British constitution.

If the consideration of the legislative, executive, and judicial departments of the sister states can, without intricacy or confusion, be severally arranged under the three corresponding articles in the constitution of the United States; the parts of my plan will be considerably reduced in their number. I hope, but I am not confident, that this can be done. Upon this, as upon every other part of my plan, I shall be thankful for advice.

Bodies politick and inferiour societies will be described and distinguished.

The relations of private and of domestick life will pass in review before us; and after these, the rights and duties of citizens will come under consideration.

Here the important principles of election will receive the merited attention.

The rights, privileges, and disabilities of aliens will then be examined.

Happy would it be, if the great division of the law, which relates to persons, could be closed here. But it cannot be done. We are under the sad necessity of viewing law as sometimes violated, and man as sometimes guilty. Hence the ungracious doctrine of punishment and crimes.

I will introduce this disagreeable part of my system with general observations concerning the nature of crimes, and the necessity and the proportion of punishments: next, I will descend into a particular enumeration and description of each: and I will afterwards point out the different steps prescribed by the law for apprehending, detaining, trying, and punishing offenders.

Here warrants, arrests, attachments, bail, commitments, imprisonment, appeals, informations, indictments, presentments, process, arraignments, pleas, trials, verdicts, judgments, attainders, pardons, forfeitures, corruption of blood, and executions will be considered.

With regard to criminal law, this observation may be made even in a summary: it greatly needs reformation. In the United States, the seeds of reformation are sown.

As to the second great division of our municipal law, which relates to things; it may be all comprehended under one word-property. Claims, it is true, may

VOL. I.