of virtuous duty; where there is nothing to regret, and nothing to conceal; no friendships broken; no confidence betrayed; no timid surrenders to popular clamor; no eager reaches for popular favor. Who does not listen with conscious pride to the truth, that the disciple, the friend, the biographer of Washington still lives, the uncompromising - advocate of his principles?

I am but too sensible that, to some minds, the time may not seem yet to have arrived when language like this, however true, should meet the eyes of the public. May the period be yet far distant when praise shall speak out with that fulness of utterance which belongs to the sanctity of the grave.

But I know not that, in the course of Providence, the privilege will be allowed me hereafter to declare, in any suitable form, my deep sense of the obligations which the jurisprudence of my country owes to your labors, of which I have been for twenty-one years a witness, and in some humble measure a companion. And if any apology should be required for my present freedom, may I not say that, at your age, all reserve may well be spared, since all your labors must soon belong exclusively to history?

Allow me to add, that I have a desire (will it be deemed presumptuous?) to record upon these pages the memory of a friendship which has for so many years been to me a source of inexpressible satisfaction; and which, I indulge the hope, may continue to accompany and cheer me to the close of life.

I am, with the highest respect,

Affectionately your servant,

CAMBRIDGE, January, 1833.

JOSEPH STORY.

PREFACE TO THE FIFTH EDITION.

In this edition the authorities are brought down to January, 1891; and to the decisions of the federal Supreme Court a considerable number of decisions from the inferior federal courts, and from the State courts has been added.

The editorial notes have been separated entirely from the notes of the author; the latter run across the page, after numerals, the former are in double columns, after letters of the alphabet. The notes of the last edition (by Mr. Justice Cooley) have generally been retained, subject to such changes as time has made necessary; in a few instances, they have been recast; in some instances they have been abridged, in some enlarged. Whenever they have been reprinted without change, and contain original discussions as distinguished from a mere statement of the cases or of familiar facts, the initial C. has been added to them. The chapters added to the work by the same distinguished editor are also retained.

The present editor's notes are mostly in the second volume.

A table of the cases cited has been added, for the first time.

M. M. B.

FROM THE EDITOR'S PREFACE

TO THE FOURTH EDITION.

IN preparing for the press a fourth edition of Mr. Justice Story's Commentaries on the Constitution, it has been thought proper to preserve the original text without alteration or interpolation, and to put into notes all discussions by the editor, as well as all references to subsequent adjudications, public papers, and events, tending to illustrate, support, or qualify the positions assumed in the text. The new amendments, however, seemed to demand treatment in the body of the work, and additional chapters are given for that purpose. In preparing them, the editor has not been ambitious to enter upon original discussions, or to advance peculiar views; and he has contented himself with a brief commentary on the provisions. and purposes of the amendments, aiming, as far as possible, to keep in harmony with the opinions and sentiments. under the inspiration of which they were accepted and ratified in the several States. . . .

UNIVERSITY OF MICHIGAN, ANN ARBOR, 1873.