ANALYTICAL TABLE OF CONTENTS.

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INTRODUCTION.

ENGLISH ORIGIN OF THE FEDERAL REPUBLIC OF THE UNITED STATES.

1. The typical English state the political unit in our federal system

2. The state as the ancient city-commonwealth

Comparative philology; comparative politics

Village community the unit of organization; the Greek city-commonwealth

Only conception of the state in the Hellenic world; Aristotle the founder of polit-

ical science

"Man is born to be a citizen;" the Italian city-commonwealth; extension of the
Roman franchise

The Teutonic tribe

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Parallel between the Greek, Latin, and Teutonic tribe; Greek and Latin tribes unite
in city-commonwealths; Teutonic tribes gather into nations

Tribal sovereignty; territorial sovereignty the outcome of "the process of feudali-

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zation"

4. Growth of the English Kingdom

"The Teutonic theory"

Teutonic settlements in Britain substantial reproductions of the older tribal life;
the mark reappears as the township; earliest form of the representative princi-
ple; the hundred; the early kingdoms

The heptarchic kingdoms; the consolidated kingdom; new society purely Teu-

tonic

Representative principle a Teutonic invention; representative government dies out
everywhere but in England

5. Growth of the English Colonies in America: physiography of North
America

Struggle for its possession between England, France, and Spain; European na-
tions agreed that discovery gave title.

England based her claims upon voyages of the Cabots; the great title-deed, — James

I.'s charter of 1606

The London Company and its work; the Plymouth Company and its work
The soil granted to the colonies by the crown and not by the parliament
Colonies mere corporations created by the crown; the royal colonies — Virginia
Ordaining power of the king in council; first American representative assembly
English law the basis of colonial rights; the charter colonies Massachusetts .
Internal organization; charter annulled in 1684 by a scire facias; Connecticut and
Rhode Island live under their charters until long after the Revolution

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The proprietary colonies - Maryland; modelled after the Palatinate of Durham;
first state assembly an Old-English gemot

Carolina and Locke's Fundamental Constitutions. American theory of colonial rights 25

English theory

Out of the conflict grew the War of the Revolution. Internal organization of the

colonies; English kingdom the product of aggregation

Federal republic of the United States product of the same principle; counties and

townships everywhere the organs of local administration

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In the northern colonies the township, in the southern the county, the more active
local agent

Functions of both more evenly balanced in the middle colonies; the township in
New England; township as the manor; as the parish

The New England town meeting

Manors in Maryland; proprietor founds the system

A court baron at St. Gabriel's manor; a court leet at St. Clement's. Dutch manors
in New York

The patroon as lord of the manor; manorial courts in New York
The manor a self-governing community. The parish in Virginia
Virginia towns grow into counties which are divided into parishes
Resemblance between the English and Virginia parish; both hardened into close
corporations

The Southern county: its judicial functions; administrative; court-day

Difference in local organization between North and South; incorporation of New

England towns

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Colonies transformed into sovereign states which are substantial reproductions of

the English kingdom

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The executive power; the judicial power.

The assize or circuit court the special possession of the English race; feudal prin-

ciples still linger at the base of American land law

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6. Federalism as a System of Government

A perfect federal government; the nearest approaches to such an ideal, the Achaian

League, Confederation of Swiss Cantons, Seven United Provinces of the Neth-

erlands, and the United States of America

Federal governments divided into two classes,

composite states; Greek federalism

The Achaian League, whose national government acted directly upon the citizen;

makers of the Constitution of the United States had no real knowledge of that

ancient League; only acquainted with the Teutonic leagues

New France and the struggle for expansion

Effects of the French and Indian war on the cause of union; Stamp Act Congress

of 1765; first Continental Congress of 1774; second, of 1775

Effects of the growth of population upon federation; New England Confederation

of 1643

All of which rested on the requisition system. Effects of geography upon federa-

tion in America

Declaration of Independence, July 4, 1776; Congress the national government

down to March 1, 1781. Articles of Confederation

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The western territory; Maryland's influence upon the land cessions to the United

States

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Character of the first federal constitution; it represented no material advance in

the history of federalism; inter-state citizenship

Washington; his circular letter of June 8, 1783

7. The Federal Convention of May 14, 1787

Canonization of the second constitution; the constitution not a creation

Proceedings of the convention

Race-traits of the framers; prior political training; Blackstone and Montesquieu

Causes which compelled the making of the second constitution; financial impotency

of the confederation

Root of the evil the requisition system; four great motives for union

The new path-breaking idea (bahnbrechende Idee); Pelatiah Webster; Noah

Webster

Tocqueville; the new idea became the basis of the present constitution; Davie;

Hamilton

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The new idea forces the construction of a composite state
Division of the federal head into three departments; Jefferson; division made
according to the maxim as then understood in England

The executive department; the President and George III.

The legislative department; the " Virginia plan," the greater against the lesser

states

Adoption of the English bicameral system; the "New Jersey plan "

The "Connecticut Compromise;" the senate organized upon a federal, the house

upon a national basis. The judiciary department .

The Supreme Court of the United States has no prototype in history; the guardian

of the constitution .

Inferior federal courts a reproduction of the English itinerant system

8. National Citizenship

First section of the Fourteenth Amendment first defines national citizenship;

Slaughter-House Cases.

Under Fourteenth Amendment, citizenship of the United States the primary citizen-
ship, a principle which completes the logical symmetry of the constitution;
judgment in the Slaughter-House Cases a bulwark against the centralizing ten-
dencies to which the civil war had imparted a fresh and menacing force

9. Summary

Inter-state citizenship; constitution failed to define national citizenship; the Dred

Scott case

BOOK I.

THE OLD-ENGLISH COMMONWEALTH.

CHAPTER I.

THE TEUTONIC ORIGIN OF ENGLISH INSTITUTIONS.

1. General Character of Teutonic Conquest on the Continent

Italy, Gaul, and Spain Latinized and Christianized by the end of the fourth centu-

ry; Teutonic invaders settle down in the midst of the Continental nations; con-

quest nowhere assumed the form of extermination

Conquerors adopt the language and creeds of the conquered; the older society re-
mained Roman and Christian, — it did not become heathen and Teutonic .

2. General Character of Teutonic Conquest in Britain. Roman civilization

in Britain nothing but an exotic

The invaders cross the sea in small companies; invasion became in Britain the
equivalent of extermination within certain limits

3. Result of the Contrast: "A Germany outside of Germany"

4. English Nation Teutonic as to Race

All after-comers of the Low-Dutch stock; the Normans originally of the same

5. English Language the Result of the Fusion of all the Low-Dutch Dia-

lects into one composite whole

Max Müller's view, 66
- English is Teutonic and nothing but Teutonic"

6. Institutions: general character of the Teutonic political system; the substruc-

ture of the English constitution; in the same sense in which the English lan-

guage is Teutonic, the English constitution is Teutonic

7. The Problem to be worked out involves an examination of the entire process

of development through which the primitive Teutonic constitution has passed in

Britain under the combined action of internal growth and external influence

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CHAPTER II.

THE FOUNDERS IN THE FATHERLAND.

1. Early History of the Teutonic Race - Cæsar and Tacitus

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2. Cæsar's Sketch: chastity of the Germans; annual allotments of land; aversion to

neighbors.

No common magistracy in times of peace; fidelity to the war-leader; hospitality;

the Gauls

3. Germania of Tacitus: the attempt to make Germany a Roman province.
Germania an abstract of manners, customs, and institutions; its rare historic value

4. Distinctive Race-traits

The word "German" probably of Celtic origin; absence of cities

5. The State and its Subdivisions: the civitas of Cæsar and Tacitus

The state as a personal organization occupying a definite area of territory; the

largest division of the state, the pagus, gau, or hundred; village-communities, -

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vici of Tacitus

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