effect of such a change. That cabinet government would reduce the president and Senate to very inferior positions scarcely needs to be argued. But further than this, as Mr. Lowell points out, it would tend to undermine the autonomy of the states, the independent position of the Supreme Court, and the force of the constitution itself. In other words, it would greatly weaken, if it did not destroy, the whole federal system. It is impossible to give briefly an adequate conception of the close and logical reasoning by which Mr. Lowell arrives at these conclusions. He shows a thorough grasp of the subject in all its bearings.

The fifth essay is a carefully reasoned and well-sustained argument against the theories of the analytical school of jurisprudence. Probably most common-law lawyers still adhere to the Austinian doctrine that "law is the command of a political superior, accompanied by a sanction, to a political inferior," and that there is "no limit to the power of the sovereign." Yet, under the lead of Sir Henry Maine, there has arisen a pretty wide-spread revolt against that doctrine. Perhaps Mr. Lightwood's book on the Nature of Positive Law is the best exposition of the ideas of this new school. Some writers, as Mr. T. J. Lawrence, even deny that force is the essential element in a sanction. Mr. Lowell has argued mainly the question as to the limitation of sovereignty. He charges Austin with reasoning in a circle and with having unwarrantably assumed one of his premises. The objection to Austin's theory is that it requires at all times a visible sovereign, ready to act and without restraint. No such sovereignty exists in the United States, and it is doubtful if it exists anywhere without some limitation.

The third essay treats of the position and functions of the legal profession in our system of government. The fourth is an interesting historical account of the development of the "social-compact theory," as expounded by Hobbes, Locke, Rousseau, Kant and others, with its application in the Mayflower compact and the Massachusetts Bill of Rights.

This volume of essays will be welcomed by all students of political science. It is an admirable specimen of intelligent and unimpassioned reasoning upon the subjects about which it treats. FREEMAN SNOW.

Martin Van Buren, to the End of his Public Career. By GEORGE BANCROFT. New York, Harper and Brothers, 1889. — 239 PP.

Two years ago Mr. Edward M. Shepard formally re-opened the case of Martin Van Buren. The candid narrative and independent yet sober judgments of the volume which he contributed to the American Statesmen series are well calculated to dispel prevalent misconceptions. The book before us continues this good work. Mr. Bancroft has pre

sented in clear outline the political career of Van Buren from its beginning just before the outbreak of the second war with England to his dignified retirement from the presidency in 1841. The first chapter, which is entitled "Early Life," covers the period previous to his election in 1812, at the age of thirty, to the Senate of New York. The narrative deals almost exclusively with his study of law, his immediate and deserved professional success, and his early participation in politics. The second chapter, the title of which is "Eight Years in the Legislature of New York: 1812-1820," describes a great deal of capital work for democracy, for the state of New York, and for the Union. "In his first legislative year," says Mr. Bancroft, "he sustained the war, foreshadowed the evils of privileged banking and protested against imprisonment for debt." If to this enumeration a constant and efficient support of the Erie and Champlain canal projects be added, we have the main features of his legislative programme for the entire period. The third chapter, on "The State of New York in Convention: 1821," is one of the best in the book. Van Buren rendered distinguished services in this very important body, and the account describes them worthily. The fourth chapter, which covers Van Buren's work in the Senate of the United States from 1821 to 1829, shows that he was not less faithful and courageous in his support of democratic ideas at Washington than he had been hitherto in his native state. The fifth chapter relates his experiences and conduct as secretary of State, as minister, and as vice-president, from 1829 to 1837. The sixth and final chapter deals with Van Buren as president.

Mr. Bancroft follows the excellent method of letting his subject speak for himself. A large portion of the book is made up of quotations from speeches and other public utterances; indeed, so numerous and wellchosen are these passages that the attentive reader can obtain from them at first hand a very fair acquaintance with Van Buren's political views. Moreover such a reader, if unprejudiced, will be ready to concede that previous to 1841 the political career of Van Buren was based on welldefined principles; and that in the support of these principles, he showed a devotion, a consistency, a firmness, and a courage which are as rare in the annals of politics as they are honorable. Mr. Bancroft's conclusion that "the characteristics of Van Buren as a statesman were a firm reliance on principle and, in the darkest hour, a bright and invigorating hopefulness," seems felicitous because it seems amply proved.

But while this book serves a good cause and serves it well, it is not altogether satisfying. It breaks off before the end is reached. The title reads: Martin Van Buren to the End of his Public Career; and the narrative terminates in 1841, twenty-one years before Van Buren's death. But during this eventful period he was always an interesting figure in politics, and at times a powerful factor. Moreover it was during these

years that he experienced that singularly complete loss of public confidence which Mr. Bancroft seeks to restore. A just estimate of a public man must take into account every portion of his public conduct. In the second place the tone of these chapters is too unvaryingly eulogistic. It may seem presumptuous to criticise the literary art of Mr. Bancroft, but one cannot help thinking that the picture he has painted would be more distinct and impressive if it were not so lacking in shadow. In Van Buren's relations to the civil service, to slavery, and to the " gag laws "which Mr. Bancroft seems almost to ignore. there is something which to most Americans does not readily explain itself. Lastly the strong Democratic sympathies and convictions of the writer are so apparent that with a large and important class of citizens his plea will not have the weight to which, on the score of merit, it is justly entitled.

ANSON D. MORSE.

The Constitutional History and Government of the United States. A Series of Lectures by Judson S. Landon, LL.D. Boston and New York, Houghton, Mifflin & Co., 1889.—vii, 389 pp.

The Constitutional History of the United States as seen in the Development of American Law. A Course of Lectures delivered before the Political Science Association of the University of Michigan by Judge T. M. Cooley, Hon. Henry Hitchcock, Hon. George W. Biddle, Professor Charles A. Kent, Hon. Daniel H. Chamberlain. New York and London, G. P. Putnam's Sons, 1889.296 pp.

Each of these volumes contains a course of lectures delivered before college students. Professor Landon's book presents the instruction offered to the senior class at Union College during the four years that he presided over that institution. The other volume consists of a series of five discourses before the students of all departments of the University of Michigan, prefaced by an introduction from the pen of Professor Henry Wade Rogers.

Professor Landon has undertaken the great task of presenting a view of the constitutional history and law of the United States and an examination into the philosophy of our complicated political system within the compass of fifteen lectures. It must be admitted that he has achieved a great if not an unqualified success. He has recognized the limitations imposed by time and space and has carefully and wisely selected the most salient facts from the great mass of details. Still his lectures are far from a dry statement of principles; he has introduced just enough illustrations to impress the theories upon the memory of hearer or reader without overburdening it.

The chief objection to his work lies in the fact that it does not exhibit sufficient familiarity with the fundamental notions of political science. The author does not appreciate the scientific meaning of such terms as nation, government, sovereignty. His exposition is not based upon the principles which govern political and social activity; it follows that many historical events of prime importance "happen," according to Professor Landon, instead of resulting as the inevitable consequence of precedent conditions or events. In a word, the causal nexus is not exhibited, and the most valuable lesson of constitutional history is lost. A specific defect arising from the ignoring of the laws of political science is the very inadequate treatment of the power of amendment in the constitution. Furthermore, the author is sometimes loose in his use of terms with which every constitutional lawyer and every well-educated American must be familiar.

The second and third parts of Professor Landon's book deserve nothing but praise. They treat of constitutional law, and especially of the function of the Supreme Court; of the nature of the government, the dangers which beset it, and its probable future. They are altogether free from the blemishes pointed out above. Especially good is the tracing of the steps by which the Supreme Court has advanced to the exalted position that it now holds from that which it occupied during the first twenty years of its existence. The somewhat narrow spirit in which the last three amendments have been interpreted is also pointed out and traced from the Slaughter House cases in 16 Wallace to Spier's case in 123 U. S. Reports.

It is to be hoped that a second edition will contain a list of cases cited, the absence of which impairs the value of Professor Landon's work as a book of reference.

The University of Michigan lectures contain an extended examination of Professor Landon's second topic. Four jurists have divided the century of the Supreme Court's existence between them. Judge Cooley treats of the time of Chief Justice Jay; Mr. Hitchcock of Chief Justice Marshall's incumbency; Mr. Biddle of Chief Justice Taney's; and Professor Kent of the years since 1864. Mr. Chamberlain adds a lecture on "The State Judiciary and its Place in the American Constitutional System."

Judge Cooley begins his contribution with an explanation of the novel position assigned to the federal judiciary that of a co-ordinate department of government, charged with the duty of interpreting the supreme law and pronouncing upon the validity of the acts of the other departments and of the organs of local government. He then shows in how far the success of the experiment is due to the wisdom, statesmanship and courage of John Jay. Omitting any reference to the periods when

Rutledge and Ellsworth presided, Mr. Hitchcock resumes the thread of the court's history with the accession of John Marshall. One by one the questions that the court discussed between 1801 and 1835 are taken up, and the development of the branch of constitutional law involved in each is adequately traced. This lecture is the gem of the volume. In simplicity, clearness, learning, and breadth of treatment, it is classical. In the skill with which the work accomplished by the great chief justice is summed up, it resembles an opinion pronounced by that most illustrious of American lawyers himself.

Mr. Biddle has chosen another method. He takes up seriatim the volumes between 10 Peters and 1 Wallace, and selects from each the cases that he thinks of prime importance. In this manner he examines fifty-eight cases. A great many of them are not upon points of constitutional law at all. Some are on questions of practice, some on matters which came before the Supreme Court merely because of the character of the parties. It is submitted that the chronological method is not equal to the topical in presenting a subject of this nature. Mr. Biddle brings out very clearly the great work accomplished by Taney in extending the admiralty jurisdiction of the federal courts over the Great Lakes; and his discussion of the Charles River Bridge case and of the Dred Scott case is careful and interesting. Perhaps to the study of Taney's judicial opinions is to be attributed the somewhat particularistic view that Mr. Biddle takes of the relation of the commonwealths to the nation and to the federal government.

It was intended that the fourth lecture should be delivered by the late Mr. Justice Matthews, but his illness and untimely death prevented the accomplishment of this plan. Professor Kent accordingly prepared a lecture on this subject, which shows traces of hasty preparation. All the questions raised by the Civil War are disposed of in one page: the dictatorial power of the president, the position of the seceding states during the pendency of the Rebellion, contracts by rebels and the acts of the Confederate government. Reconstruction, the legal-tender act, the national banking act, the civil rights bill, and the subject of federal regulation of the congressional elections, are discussed at greater length. Somewhat amusing is Professor Kent's assertion (on page 234) "that no permanent evil has resulted" as yet from the extension of the power of the federal government by the last three amendments.

Mr. Chamberlain gives an interesting discussion of the question as to how far the federal judiciary is bound by the decisions of commonwealth tribunals. It contains the same misapprehension of the terms of political science that was noticed in Professor Landon's book. This leads the lecturer into very dubious expressions; as when he says, speaking of the commonwealth and the United States: "Each is truly sovereign;