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PREFACE TO THE SECOND EDITION.

In consequence of the various amendments and alterations in the Laws of Virginia since the publication of the first edition of this work, and the numerous judicial decisions thereon, its talented author contemplated a second edition, with many improvements and additions. Nearly all the material for the work had been collected at the period of his lamented death, but its systematic arrangement was incomplete. Unaided by explanations from the mind which conceived the plan, and designed the alterations in the work, no one could have completed this arrangement without encountering difficulties almost insurmountable, and incurring a labour nearly equal to the collection of the materials. In the preparation of the work for the press, the chief object has been to ascertain the design of the author, and to adhere as rigidly as possible to his purpose-to make it his, and not the work of the editor. In some cases, no doubt, this desirable end has not been attained, in consequence of misconceiving or not properly understanding references which were incomplete. In many instances, from the character of the notes made by the author, it was doubtful whether it was his purpose to insert some of the amendments to the laws in the body of the work, or merely to refer to them among the notes; and this doubt was increased by a knowledge of the fact that the same amendments were referred to in the same manner under several titles. This difficulty would not have occurred if the printing of the work had been delayed until its preparation had been completed, but each title having been printed as soon as prepared, it was impossible to avoid errors. The only difference, however, is that the amendments are sometimes inserted among the notes when they should have been in the text.

The author, in collecting his materials, had extended his researches, according to his original design, to "the cases cited from the published records of England, of our sister states, and of the United States," and had carefully collated most of the decisions published at the time of his death. These decisions, or references to them, and the decisions contained in the Virginia Reporters, including the eighth volume of Leigh's Reports, together with the

Laws of Virginia up to the close of the session of the general assembly of 1839, will therefore be found embodied under their appropriate titles.

The present edition includes most of the decisions contained in the ninth volume of Leigh's Reports, and the acts of assembly of 1839-40, and a part of the acts of 1840-41. Nearly half of this edition was printed before the meeting of the last legislature, (1840-41;) of course, those acts which would have been embraced by the titles of this work so printed are not inserted, but all the acts embraced by the titles subsequently printed have been added; and these titles include most of the acts of this session of a general nature, which are ordinarily referred to.

Under the circumstances in which this edition has been prepared, it is not as perfect as could have been desired, but it is believed to contain a volume of legal matter, in a comparatively small compass, not to be found in any other single work, and which cannot fail to be of the highest utility to the profession.

July 1st, 1841.

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Jury, (trial by, secured,) Juries,

Justices of the Peace,

Land Law,

- 604 Poor,

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Letters Patent, (how repealed,) Limitations of Actions,

Literary Fund,

Mandamus,

Manufacturing and Mining Com

- 606 Profaneness,

- 615

625

Quarantine,

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642 Rail-Road Companies, Records,

- 762

- 774

- 659 Religious Freedom,

- 778

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panies,

678

Marriages,

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Mills,

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THE

CONSTITUTION

OF THE

UNITED STATES OF AMERICA.

WE, the people(a) of the United States, in order to form a more perfect Union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.

ARTICLE I.

SECT. 1. 1. All legislative powers herein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. SECT. II. 1. The house of representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.(1)

3. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective

(a) Martin v. Hunter's Lessee, 1 Wheat. 324; M'Culloch v. State of Maryland, 4 Wheat. 403-4-5; Hunter v. Martin, 4 Munf. 32; Madison's Rep. on Res. 1798; Hampden's Letter 4.

This constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states. Each state established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its peculiar government as its judgment dictated. The people of the United States framed such a government for the United States as they supposed best adapted to their situation, and best calculated to promote their interests. The powers

they conferred on this government were to be exercised by itself; and the limitations on power, if expressed in general terms, are naturally, and, we think, necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself; not of distinct governments, framed by different persons and for different purposes.-Pr. Ch. J. Marshall, in delivering Op. of Court_in Barron v. The Mayor &c. of Baltimore, 7 Peters's Rep. 247.-(Jan. T. 1833.)

(1) Can the states superadd any qualifications to those prescribed by the constitution? See Story's Com. on the Cons. of U. S. B. III. c. IX. § 623, 4, 5, 6, 7, 8, vol. 2, p. 99, &c.

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