The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-12
A VALUABLE WORK.


Foster on the Constitution" is the
title of new work, the first volume of
which has just been received from the
publishers, the Boston Book Company,
1917 Beacon street, Boston. 1t is
large volume of rs pages. No ex-
hausitve treaties upon the Constitu-
ton of the United States has hitherto
been attempted since the commentaries
of Judge Story, which were written
more than sixty years ago. At that
time the original sources of the pro-
visions in that instrument were in
many eases concealed from view;
and so remained till they were brought
to light by the researches of Stubs
and Freeman into the constitutional
history of England, and Of numerous
American scholars into the colonial in
stitutions Madison's and Rufus
Kings reports of the debates of the
Federal Convention had not been pub
lished, and the only direct knowledge
possessed by Story of the intentions
-of the men who composed the Consti-
tuition was derived from the journal of
the convention (Which contains mere
Ky a record of the formal proceedings
without any of the debates), the inn
perfect minutes by Yates of the early
sessions, and the subsequent state
ments of few members, colored by
later political controversies The pre-
ceding history is consequently far bet
ter understood than it was when
Story's work appeared. Subsequent
history has also materially influenced
the construction of the instrument.
1t is at once complete constitu-
tional history OF the United States and
compilation OF all the precedents
which aid in the construction Of the
Federal Constitution. II not only con-
tains all the judicial decisions but also
presents for the first time fun alb
stract with copious extracts Of all the
important State papers, such as Pres
ident's messages, Congressional reso-
buttons, and the reports of committees
Of both Houses of Congress. many Of
them only to be found in a few libra
ries, in which attempts are made to
construe it. The author takes up each
clause separately in its consecutive or
der, explains its origin, which in some
cases may be traced as far back as
the customs described by Tacitus;
narrates the proceedings in the Fed
eral convention leading to it's adop-
ton; compares it with the provisions
upon the same subject in the constitu-
tons of the different States, and for
eign countries; describes the. histori-
cal presidents upon its construction,
many of which arose in the several
States and have never before been
placed in an accessible form; and col
lects all the judicial decisions upon
the point.
subject of impeachments. 1t contains
the first exhaustive historical and an
alytical argument against the legality
of secession, the first constitutional
history of the Confederate States, the
first history of Reconstruction from
a legal as well as an historical point
Of view, and the first history of inn
peachments in the different States. The
last includes Il large number Of Curl
Gus facts known hitherto only to a few
special students, such as the convic-
ton and removal of a governor for fol-
lowing Hncoln's example in spending
the writ or habeas corpus without au-
thority from the legislature, and the
removal OF judge for obeying a de-
csion of the Supreme Court of the
United States, oyerruling decisions of
the State courts that were supported
by the wishes OF majority Of the
State electorate.
The author, Roger Foster, is an
active member OF the New York Bar,
already known to lawyers through
his treatise on Practice in the Federal
Courts, and is lecturer on Federal Jnr-
isprudenee at the Yale Lazy School.
This work should not Oh fndis-
pensable to the lawyer, the Etatesman,