Entered according to Act of Congress, in the year 1832, by BENJAMIN L. Oliver, in the Clerk's Office of the District Court of Massachusetts. ·WAITTAND. DOW'S PRESS-BOSTON. PREFACE. THE importance of the subjects discussed in the following pages, to every citizen of the United States, at all times, must be very apparent. But, at the present moment, they have a peculiar interest. For, as the American people profess to act from principle; and, as a misapprehension of their rights, in their various complicated relations, at this critical and alarming conjuncture, may lead them into measures of great responsibility, the consequences of which may be irreparable and attended with never ceasing regret, it is presumed, that an attempt to define those rights, though it should be only partially successful, will not incur their censure. The expectation, however, of receiving the approbation of all, is by no means entertained. For, as the public sentiment is divided on many of the subjects comprised in the present work, such an expectation could have no other ground, than one to which the author disclaims all pretensions; that of an ability to convince those persons who have formed different opinions. All that he asks of his readers, therefore, is, with relation to political subjects, that they will do his work, as well as their own understandings, the justice to weigh his reasons, before deciding against the doctrines, in support of which they are adduced. For, he will not anticipate the possibility, that any of them, however opposed to him in sentiment, instead of refuting his arguments by open and manly demonstration, will resort to the disingenuous and illiberal substitute, of impugning his motives. But, if otherwise; he must avow, that, he acts under his own impulse only, and has no understanding or connexion with any party whatever; and, being under oath to support the constitution, he has done so, in the only way in his power, to the best of his small ability. For the rest, he begs leave to adopt from Grotius, as translated by Barbeyrac,—' Si j'ai avancé quelque chose de contraire a la piété, aux bonnes mœurs, a l'écriture sainte, aux sentimens reçûs de toute l'eglise chretienne, ou en un mot a quelque verité que ce soit, je le désavoue, et je veux qu'il soit tenu pour non dit.' TABLE OF CONTENTS. CHAP. I. Of the Rights of Man, as derived from his nature DIVISION 1. Natural Rights.-Self-preservation, 11. Liberty, 13. Equality, 14. Rights of conscience, &c., 15. Rights of property, 16. Self- DIVISION 2. Rights retained in Society.-Self-defence in cases of ex- treme urgency, 40. Qualified or civil liberty, &c., 41. The rights of con- science, 45. The right of property, 51. Right of equality, 51. The right of freely discussing public measures, &c., 53. The right of petition, &c. 54. CHAP. II. Of the Social Compact of the citizens of the dif- ferent States in the American Union, in the formation of the General Constitution, taken in connexion with the real or supposed compact of the citizens of each State, in the formation of their own State Government, 65. CHAP. III. Of the powers delegated to the General Govern- ment in the Federal Constitution, 74. The Constitution of the United States, 74. The powers of Con- gress, 90. The powers and duties of the President, 109. The Judiciary, 118. Original jurisdiction of the Supreme Court, 119. Its appellate juris- diction, 121. Of the respect which ought to be paid to the decisions of the Supreme Court, 124. Opinion of Ch. Jus. Jay, 130. CHAP. IV. Of the powers delegated to the State Govern- ments, by the people of each State, respectively, 133. Reform of state representation, 138. Goddard's case, 143. Remarks on the remedy in case of an unconstitutional law, 146. On the limits of the jurisdiction of the Supreme Court, 152. CHAP. V. Of the Independence of the States and the Sove- CHAP. VI. Of the rights reserved to the people of the Uni- ted States; not being granted either to the general govern- ment or to the state governments, 174. Religious freedom, 175. Freedom of speech bear arms, 176. Quartering of soldiers, 179. CHAP. I. Of the right of suffrage and of elections, 201. Of the right of the majority, 203. On parties, 207. Patriotism, 207. Right to instruct Representatives, 217. Statute of the United States concerning the law of contempts, 240. CHAP. IV. Of the law of libel in relation to public officers, CHAP. V. Of the rights of Juries, 269. Of the power of the jury in civil actions, &c., 274. In criminal prosecutions, &c., 276. Lilburne's trial, 286. Rosewell's trial, 290. CHAP. VI. Of the rights of Witnesses, 299. CHAP. VII. Of the mode of redress for any infringement of civil or political rights, committed either by the officers of the General Government, or of any of the State Govern- Unconstitutional law, 318. Case of the Missionaries, 320. Oppression by military commanders, 321. Abuse of the power to commit for contempts, 323. Čase of Charles Knowles, 323. Case of Zenger, 324. The power of the Supreme Court, if a citizen should be oppressed by Congress, 326. Out- rages by mobs, 329. Of the writ of HABEAS CORPUS, 332. Stacey's case, |