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Entered according to the Act of Congress, in the year 1833,

BY JAMES BAYARD,

In the Clerk's Office of the District Court of the United States, for the Eastern District of Pennsylvania.

STEREOTYPED BY L. JOHNSON,
PHILADELPHIA.

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ANOTHER edition of this work having been called for, the author takes the opportunity of expressing his satisfaction with the manner in which his humble performance has been received. He has been much flattered by the favourable notice of Chief Justice Marshall, Judge Story, Chancellor Kent, and other distinguished jurists, who have done him the honour to communicate to him their approbation of the plan of the work, and the manner of its execution; and express their opinion that it is well calculated for the attainment of the object for which it was intended. He begs leave to tender them his thanks for their kindness; and having, in the present edition, corrected the only error of construction which has been pointed out to him, he hopes the work is now worthy of confidence as a guide in the construction of our admirable Constitution.

The error alluded to was on page 70, of the former edition; where it was stated, that the power of Con- . gress extends to lay out military and post-roads, through the several States, "with their assent." Chief Justice Marshall, in a letter addressed to the author, expresses a doubt whether the assent of the States is requisite for the construction of post and military roads, which Congress is expressly authorized to make; though such assent is necessary for other internal improvements and adds, "with

this exception, I do not recollect a single statement in your book which is not, in my judgment, entirely

just,"

As stated in the preface to the former edition, the principal object of the work is to furnish a text-book for the instruction of youth. The author has learned that it has already been adopted in some colleges and seminaries, and he hopes it may be introduced into general use.

The first edition of two thousand copies having been nearly exhausted in less than a year, it has been thought advisable to stereotype the work, by which means it can be furnished as a text-book on the most reasonable terms.

Feb. 8, 1834.

PREFACE.

In a country like this, where all have a share in the government, every one should be acquainted with its structure and principles. The Constitution, by which the government is formed, and upon which depend the validity of laws, the union of the States, and the peace, dignity, and happiness of the nation, should be a part of the education of every citizen, whatever his situation or occupation. Although several works have been written on this subject, by men of great learning and ability, which are highly useful to professional men, and those who have the leisure and disposition to engage in this important study; it is believed, that nothing has been attempted in the way of a short and simple exposition of the principles of the Constitution, for the use of young persons, and such as may not have time or inclination for a more extended research. With this impression, the following Treatise was undertaken, at the suggestion of a friend, whose situation led him particularly to notice the want of such a book in the instruction of youth. In compiling it, the author has relied principally, upon the Federalist, the Commentaries of Chancellor Kent, the Treatises of Mr. Rawle, and Mr. Sergeant, and the Reports of the Decisions of the Supreme Court. The sentiments, and in some cases, the language of these books are used without marks of quotation, because the nature of this work

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