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.

COPYRIGHT, 1895,

BY ROGER FOSTER.

The right of translation and all other rights reserved.

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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

§ 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

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

Form of the New Government

§ 18. History of the Preamble

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

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

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§ 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-

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