more than once yielded to the force of its principles, and it has for centuries been the foundation of English constitutional liberty. It expresses in unmistakable language the elements of freedom so conspicuously represented in our parliamentary system, which has come down to us, out of the dim past, from the recesses of ancient German forests, where the spirit of liberty was dominant and unconquerable. Many of its provisions were temporary, but they were vital to men of that time, and illustrate the peculiar customs which prevailed in England seven centuries ago. The reader can scarcely fail to be interested in a brief analysis of some of its articles, especially those which still continue in fact, if not in form, in the customs and institutions of today.

Article 1, among other things, guaranteed the freedom of the English Church. In America all churches are free, and religious liberty is guaranteed to every citizen. Article 2 contained a broad grant of perpetual freedom to the English people.

Article 5 provided for the protection of minors whose property was in the hands of guardians. Similar principles prevail in modern law.

Article 7 guaranteed dower, and allowed a widow to remain in her husband's house forty days after his death. The same rules are found in modern statutes.

Article 9 protected the judgment debtor's land from seizure until his personal property was exhausted. This is the modern rule. By the same article a surety was not liable until the remedies against his principal had failed.

By article 13 municipalities are secured in their liberties and customs.

By article 17 the court of common pleas was to be held in a certain place, and not to follow the King's

court. Modern constitutions and laws provide for holding courts in a fixed place.

Article 18 provided for judicial tribunals in each county, with power to dispose of legal proceedings. This is the modern practice.

Article 19 required courts to continue in session until their business was completed. Similar regulations may be found in modern statutes.

By articles 20, 21, and 22 amerciaments (penalties) were required to be reasonable, according to the rank of the offender. A similar rule prevails in our modern constitutions, which prohibit excessive fines.

Article 26 declared a preference in favor of the King on any claim held by him against a decedent. Modern statutes also give a preference to claims held by the government.

Article 27 provided for the distribution of the personal estate of a decedent to his next of kin after the payment of his debts.

By article 31 the King could not take a freeman's wood without his consent. According to the modern rule, any private property may be taken for a public use, but only on rendering a just compensation therefor.

By article 35 weights and measures were to be uniform. Our national Constitution vests in Congress the power to fix the standard of weights and measures.

Article 39 contained the great declaration concerning freemen's rights. It is the most important article in the charter, for it contains a sure guaranty of personal liberty, and secures the protection of the citizen in the enjoyment of his privileges and immunities. It has been repeated and re-enacted in principle, if not in form, in modern constitutions and statutes. Its essential elements appear in the provision in the national Constitution that

no person shall be deprived of life, liberty, or property without due process of law. It is the opening section of the Constitution of New York, and is there stated in language very similar to the original, as follows: "No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers."

By article 40 justice was not to be sold, nor denied, nor delayed to anyone. Our courts are open to every suitor, and our constitutions and laws guarantee to every citizen a fair, free, and equal opportunity for the assertion of any right, or the redress of any grievance.

Article 41 guaranteed protection to foreign merchants doing business in England. Modern laws and treaties secure free commercial intercourse among the people of different nations.

Article 42 authorized Englishmen to travel abroad freely, except in time of war, but they could not abandon their allegiance. A similar rule is declared by the expatriation law, which appears in a subsequent part of this book (post, 210) except that the law recognizes the right of a citizen to transfer his allegiance to another government.

Article 45 was intended to insure competent persons for the public service. This was a rule which is expressed in modern times in various civil service laws and regulations.

Declaration of Independence.

No analysis of this great document is needed here. The reasons which made it necessary are clearly set forth in the instrument itself, and are given in detail in the eighteen grievances in which are described the oppressive

measures pursued by the British government against the American colonies, and which caused the Revolution. For the full text of this document see post, 83.

Articles of Confederation.

Some features of this compact between the states are described in the Introduction and in notes to the Constitution. It was for the time being the Constitution under which the patriots achieved the actual independence which had been proclaimed in the great Declaration. Many provisions in the Articles were continued in the Constitution, which was enriched by the results of ten years of experience, during which state governments had been firmly established, the principles and also the practice of popular liberty had become familiar to all, leaders and people alike, and the men then responsible for the administration of public affairs were able from the materials at hand to form a "more perfect union." There is reason to think that in our day a study of the Articles of Confederation is sometimes neglected, but that instrument cannot be ignored by any student who wishes to understand the sources of our national government.

For the full text of this document see post, 91.

Constitution of The United States.

This is the final and the greatest living document here presented for the consideration of the foreign student. Its predecessors have passed into history. It is the fundamental law of a great nation, and it contains the outlines of the form of government and the essential principles on which that government is administered.

The high tribute which is due to the men who framed it clearly appears when we remember that, with the exception of the first ten Amendments, which are practically

a part of the original instrument, no amendments of principle have been needed for more than a century, except those made necessary by the emancipation of the slaves as a result of the Civil War. If slavery had not existed and had not been abolished, there would have been no occasion for these Amendments. The Constitution itself, in its original form, has been found sufficient for all national exigencies, and the powers conferred by it adequate for the enactment and enforcement of all laws needed in carrying on the government during our most marvelous history.

For the complete document with the notes upon it see post, 107.

Naturalization Law.

The latest naturalization law (1906) is included in the book, so that persons intending to become citizens may have an opportunity to study the regulations under which they are admitted to citizenship.

For the law in full see post, 177.

Expatriation Law.

This law is included in the book because of its relation to the general subject of citizenship, and because it expresses the national policy under which any citizen may renounce his allegiance to the government of the United States, and assume similar relations to any other government. The law also provides for the effect of the temporary abandonment of his adopted country by a naturalized citizen, and the consequence of his continued residence abroad for a prescribed period.

For the law in full see post, 210.