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| I vol. 1ª ed. 1826. |
COMMENTARIES
on
American Law
by James Kent
Vol. I
Prima Edizione
Prima Edizione
New York
published by O. Halsted
1826
Having retired from public office in the summer of 1823, I had the honour to receive the appointment of Professor of law in Columbia College. The trustees of that institution have repeatedly given me the most liberal and encouraging proofs of their respect and confidence, and of which I shall ever retaining gratefull recollection. A similar appointment was received from them in the year 1793; and this renewed mark of their approbation determined me to employ the entire leisure in which I found myself, in further endeavours to discarge the debt wich, according to Bord Bacon, every man owes to his profession. I was strongly induced to accept the trust from the want of occupation: being apprensive that the sudden cessation of my habitual employement (a), and the contrast between the discussion of the forum, and the solitude of retirement, might be unpropotious to my health and spirits, and cast a premature shade over the happiness of declining years.
a. I was appointed Recorder of New-York in March, 1797, and from that time until August, 1823, was constantly employed in judicial duties.
The following Lectures are the fruit of the acceptance of that trust; and in the performance of my collegiate duty, I had the satisfaction to meet a collection of interesting young gentlemen of fine talents and pure character, who placed themselves under my instruction, and in whose future welfare a deep interest is felt.
Having been encouraged to suppose that the publication of the Lectures might render them more extensively useful, I have been induced to submit the present volume to the notice of students, and of the junior members of the profession, for whose use they were originally compiled. Another volume ist wantig to embrace all the material parts of the Lectures wich have been composed. It will treat at large, and in an elementary manner, of the law of property, and of personal right, and commercial contracts; and will be prepared for the press in the course of the ensuing year, unless, in the mean time, there should be reason to apprehended, that another volume would be trespassing too far upon the patience and indulgence of the public.
CONTENTS
Part I.
Of the Law of Nations.
Fonte edizioni online: Internet Archive.
Elenco sommario delle edizioni disponibili online del Primo Volume: 1ª ed. 1826: Preface. - Contents. – 2ª ed. 1832: To William Johnson. - Advertisement to the second edition. -
Elenco sommario delle edizioni disponibili online del Primo Volume: 1ª ed. 1826: Preface. - Contents. – 2ª ed. 1832: To William Johnson. - Advertisement to the second edition. -
 |
| James Kent (1763-1847) |
a. I was appointed Recorder of New-York in March, 1797, and from that time until August, 1823, was constantly employed in judicial duties.
The following Lectures are the fruit of the acceptance of that trust; and in the performance of my collegiate duty, I had the satisfaction to meet a collection of interesting young gentlemen of fine talents and pure character, who placed themselves under my instruction, and in whose future welfare a deep interest is felt.
Having been encouraged to suppose that the publication of the Lectures might render them more extensively useful, I have been induced to submit the present volume to the notice of students, and of the junior members of the profession, for whose use they were originally compiled. Another volume ist wantig to embrace all the material parts of the Lectures wich have been composed. It will treat at large, and in an elementary manner, of the law of property, and of personal right, and commercial contracts; and will be prepared for the press in the course of the ensuing year, unless, in the mean time, there should be reason to apprehended, that another volume would be trespassing too far upon the patience and indulgence of the public.
New York, November 23, 1826.
Part I.
Of the Law of Nations.
Lecture II. Of the Right and Duties of Nations in a State of Peace.
Lecture III. Of the Declaration, and other early measures of a state of War.
Lecture IV. Of the various kinds do Property liable to Capture.
Lecture V. Of the Right of Belligerent Nations in relation to each other.
Lecture VI. Of the general Rights and Duties of Neutral Nations.
Lecture VII. Of Restriction upon Neutral Trade.
Lecture VIII. truces, Passports and Treaties of Peace.
Lecture IX. Of Offences against the Law of Nations.
Lecture X. Of the History of American Union.
Lecture XI. Of Congress.
Lecture XII. Of Judicial Costruction of the Powers of Congress.
Lecture XIII. Of the President.
Lecture XIV. Of the Judiciary Department.
Lecture XV. Of the Original and Appellate Jurisdiction of the Supreme Court.
Lecture XVI. Of the Jurisdiction of the Federal Courts in respect to the Common Law, and in respect to Parties.
Lecture XVII. On the district and territorial Courts of the United States.
Lecture XVIII. On the Concurrent Jurisdiction of the State Gouvernements.
Lecture XIX. Of Constitutional Restrictions on the Powers of several States.
Lecture XX. Of Statute Law.
Lecture XXI. Of Reports of Judicial Decisions.
Lecture XXII. Of the Principal Publications on the Common Law.
Lecture XXIII. Of the Civil Law.
In compiling these volume, (original intended, and now published, for the benefit of American students,), I have frequently been led to revisit the same ground, and to follow out the same paths, over which I have so often passed with you as a companion to cheer and delight me.
You have reported every opinion I gave in term time, and thought worth reporting, during the five and twenty years that I was a Judge at Law and in Equity, with the exception of the short interval occupied by Mr. Caines’ Report. I had the happiness to maintain a free, cordial, and instructive intercourse with you; and I feel unwilling now to close my labours as an author, and withdraw myself finally from the public eye, without leaving some memorial of my grateful sense of the value of your friendship, and my reverence for your charachter.
In inscribing this work to you, I beg leave, sir, at the same time, to add my ardent wishes for your future welfare, and to assure you of my constant esteem and regard.
In preparing a new edition of these Commentaries for the presse, I have non been inattentive to the many alternations wich have taken place in our american law, since the first volume appeared in 1826. Within that period, the laws of the government of the United States have undergone some important amendments, and the constitution itself has received additional explanations by the courts of justice. So, also, the statutes and judicial decisions in the several states, have introduced essential changes in the local jurisprudence of the country. This has been particularly the case in New-York, by means of the Revised Statutes, which were published, and went into operation, since the date of the third of these volumes. Their influence on the law concerning real property I had an opportunity to consider in the fourth volume; but they have also made material alterations on other subjects, which I had already discussed; and especially in relation to the writ of habeas corpus – marriage and divorce – absconding debtors – insolvent laws – the administration of the estates of deceased persons – the powers of surrogates – the power of factors – the question of fraud in sales – damages on protested bills, and the law of distress. To have suffered a new edition of the Commentaries to appear under my own supervision, without noticing the changes and improvements in the law which had been made since their first publication, would have impaired the credit of the work. I have accordling availed myself of these alterations, and of all the means of information within my power, by a perusal of the latest Reports and Treatises, from abroad, and from every part of the United States. It has been my object to ascertain and state truly and accurately the law of the land, in the extent to which I profess to examine it, as it existed at the commencement of the present year.
I take this occasion to return my grateful acknowledgments to the American bar, to many distinguished judicial and literary charachters, and to the public at large, for the kind notice and liberal patronage with which these volumes have been honoured; and I have endeavoured, in the present edition, to lessen their imperfections, and to increase their accuracy, by a diligent adn careful revisal of every part of them, and by making such corrections and improvements as have been suggested to me by others, or dictated by my own reading and reflections. In some instances the work has been enlarged by the addition of distinct heads of discussion, such as the lex loci as to contracts – the interpretation of contract, and the law of insurance of lives, and against fire. The general Index, at the end of the fourth volume, has also been much enlarged; and as the first volume, or the most material part of it, is academically taught in some of our public institutions, I have added a separate Index to that volume, and marginal references of the same nature, to facilitate the study of it; and that volume will continue to be separetely sold. My thanks are due to one of the military officers of the academy at West-Point, for the obliging offer of his own private, but minute and judicious Index to the first part of that volume, and for the assistance which it has afforded me; and I am also indebted to the President of Geneva College, for some important suggestions which have been adopted.
It has been a practice with many law writers, to alter and enlarge their works in subsequent editions, so as to meet the variations and different aspects constantly taking place in the science of law, by reason of legislative enactments, and a course of judicial decisions. They have also endeavoured to improve them by such illustrations as new cases, and the further investigation and final settlement of principles, afforded. This has been the case, in a striking manner, with Mr. Bell’s Commentaries on the Laws of Scotland ; the Law of Marine Insurance, by Mr. Justice Parke; the Essay on Contingent Remainders, by Mr. Fearne; and the Treatise of Powers, by Sir Edward B. Sugden. The manner in which these volumes were originally compiled, and successively published; and the character, variety, and immense details, of the jurisprudence of the several states, and the difficulty of understanding, and stating precisely, their conflicting provisions, would seem to render a free imitation of such high examples the more pardonable, if not the more essential. But I do not purpose to interfere hereafter with the work as it is now presented to the public, even if I should live to see other editions. The volumes are intended to remain as evidence of my view of the law as it now exists; and I shall leave to others the task of following it in its future vicissitudes, if such vicissitudes are to be its destiny. I am not, however, without a humble hope, that the spirit of innovation may hereafter be somewhat abated, and a character for greater stability gradually impressed upon our American jurisprudence.
New-York, April 23d, 1832.
In compiling these volume, (original intended, and
now published, for the benefit of American students,), I have frequently
been led to revisit the same ground, and to follow out the same paths,
over which I have so often passed with you as a companion to cheer and
delight me.
You have reported every opinion I gave in term time, and thought worth reporting, during the five and twenty years that I was a Judge at Law and in Equity, with the exception of the short interval occupied by Mr. Caines’ Report. I had the happiness to maintain a free, cordial, and instructive intercourse with you; and I feel unwilling now to close my labours as an author, and withdraw myself finally from the public eye, without leaving some memorial of my grateful sense of the value of your friendship, and my reverence for your charachter.
In inscribing this work to you, I beg leave, sir, at the same time, to add my ardent wishes for your future welfare, and to assure you of my constant esteem and regard.
Having retired from public office in the summer of
1823, I had the honour to receive the appointment of Professor of law in
Columbia College. The trustees of that institution have repeatedly
given me the most liberal and encouraging proofs of their respect and
confidence, and of which I shall ever retaining gratefull recollection. A
similar appointment was received from them in the year 1793; and this
renewed mark of their approbation determined me to employ the entire
leisure in which I found myself, in further endeavours to discarge the
debt wich, according to Bord Bacon, every man owes to his profession. I
was strongly induced to accept the trust from the want of occupation:
being apprensive that the sudden cessation of my habitual employement
(a), and the contrast between the discussion of the forum, and the
solitude of retirement, might be unpropotious to my health and spirits,
and cast a premature shade over the happiness of declining years.
a. I was appointed Recorder of New-York in March, 1797, and from that time until August, 1823, was constantly employed in judicial duties.
The following Lectures are the fruit of the acceptance of that trust; and in the performance of my collegiate duty, I had the satisfaction to meet a collection of interesting young gentlemen of fine talents and pure character, who placed themselves under my instruction, and in whose future welfare a deep interest is felt.
Having been encouraged to suppose that the publication of the Lectures might render them more extensively useful, I have been induced to submit the present volume to the notice of students, and of the junior members of the profession, for whose use they were originally compiled. Another volume ist wantig to embrace all the material parts of the Lectures wich have been composed. It will treat at large, and in an elementary manner, of the law of property, and of personal right, and commercial contracts; and will be prepared for the press in the course of the ensuing year, unless, in the mean time, there should be reason to apprehended, that another volume would be trespassing too far upon the patience and indulgence of the public.
Part II.
Of the Gouvernment and constitutional Jurisprudence of the United States.
Lecture X. Of the History of American Union.
Lecture XI. Of Congress.
Lecture XII. Of Judicial Costruction of the Powers of Congress.
Lecture XIII. Of the President.
Lecture XIV. Of the Judiciary Department.
Lecture XV. Of the Original and Appellate Jurisdiction of the Supreme Court.
Lecture XVI. Of the Jurisdiction of the Federal Courts in respect to the Common Law, and in respect to Parties.
Lecture XVII. On the district and territorial Courts of the United States.
Lecture XVIII. On the Concurrent Jurisdiction of the State Gouvernements.
Lecture XIX. Of Constitutional Restrictions on the Powers of several States.
Part. III.
Of the various Sources of the municipal Law of the several States.
Lecture XX. Of Statute Law.
Lecture XXI. Of Reports of Judicial Decisions.
Lecture XXII. Of the Principal Publications on the Common Law.
Lecture XXIII. Of the Civil Law.
To William Jones - Advertisement to the second edition - Contents
William Johnson, Esq.
Dear Sir,
 |
| William Johnson (1771-1834) |
You have reported every opinion I gave in term time, and thought worth reporting, during the five and twenty years that I was a Judge at Law and in Equity, with the exception of the short interval occupied by Mr. Caines’ Report. I had the happiness to maintain a free, cordial, and instructive intercourse with you; and I feel unwilling now to close my labours as an author, and withdraw myself finally from the public eye, without leaving some memorial of my grateful sense of the value of your friendship, and my reverence for your charachter.
In inscribing this work to you, I beg leave, sir, at the same time, to add my ardent wishes for your future welfare, and to assure you of my constant esteem and regard.
James Kent
to the second edition
 |
| 2ª ed. 1832. |
I take this occasion to return my grateful acknowledgments to the American bar, to many distinguished judicial and literary charachters, and to the public at large, for the kind notice and liberal patronage with which these volumes have been honoured; and I have endeavoured, in the present edition, to lessen their imperfections, and to increase their accuracy, by a diligent adn careful revisal of every part of them, and by making such corrections and improvements as have been suggested to me by others, or dictated by my own reading and reflections. In some instances the work has been enlarged by the addition of distinct heads of discussion, such as the lex loci as to contracts – the interpretation of contract, and the law of insurance of lives, and against fire. The general Index, at the end of the fourth volume, has also been much enlarged; and as the first volume, or the most material part of it, is academically taught in some of our public institutions, I have added a separate Index to that volume, and marginal references of the same nature, to facilitate the study of it; and that volume will continue to be separetely sold. My thanks are due to one of the military officers of the academy at West-Point, for the obliging offer of his own private, but minute and judicious Index to the first part of that volume, and for the assistance which it has afforded me; and I am also indebted to the President of Geneva College, for some important suggestions which have been adopted.
It has been a practice with many law writers, to alter and enlarge their works in subsequent editions, so as to meet the variations and different aspects constantly taking place in the science of law, by reason of legislative enactments, and a course of judicial decisions. They have also endeavoured to improve them by such illustrations as new cases, and the further investigation and final settlement of principles, afforded. This has been the case, in a striking manner, with Mr. Bell’s Commentaries on the Laws of Scotland ; the Law of Marine Insurance, by Mr. Justice Parke; the Essay on Contingent Remainders, by Mr. Fearne; and the Treatise of Powers, by Sir Edward B. Sugden. The manner in which these volumes were originally compiled, and successively published; and the character, variety, and immense details, of the jurisprudence of the several states, and the difficulty of understanding, and stating precisely, their conflicting provisions, would seem to render a free imitation of such high examples the more pardonable, if not the more essential. But I do not purpose to interfere hereafter with the work as it is now presented to the public, even if I should live to see other editions. The volumes are intended to remain as evidence of my view of the law as it now exists; and I shall leave to others the task of following it in its future vicissitudes, if such vicissitudes are to be its destiny. I am not, however, without a humble hope, that the spirit of innovation may hereafter be somewhat abated, and a character for greater stability gradually impressed upon our American jurisprudence.
New-York, April 23d, 1832.
CONTENTS
PART I.
Of The Law of Nations.
Lecture I. Of the Foundation and History of the Law of Nations.
1. Moral obligation of States.
2. Law of Nation in ancient Greece.
3. Law of Nation in acient Rome.
4. Law of Nation in the middle age.
5. Influence of Christianity.
6. Of Chivalry.
7. Of the Civil Law.
8. Of Treaties.
9. Law concerning shipwrecks.
10. Treatment of prisoners.
11. Admission of Ambassadors.
12. Grotius.
13. Pufendorf.
14. Martens.
15. Bynkershoeck’s.
16. Vattel.
17. Modern improvements in the law of Nations.
18. Importance of the study.
Lecture II. Of the Rights and Duties of Nations in a State of Peace.
1. Right of interference with other states.
2. Jurisdiction over adjoining seas.
3. Rights of commerce.
4. Right of passage over land.
5. Right of navigable rivers.
6. Surrender of fugitives.
7. Ambassadors.
8. Consuls.
Lecture III. Of the Declaration and Early Measures of War.
1. Assistance to allies in war.
2. Declaration of war.
3. Protection to enemy’s property.
4. Confiscation of preperty.
5. Confiscation of debts.
6. Interdiction of commerce.
Lecture IV. Of the various kinds of property liable to capture.
1. Domicil in the enemy’s country.
2. residence in it.
3. Colonian trado.
4. Property in transitu.
Lecture V. Of the Right of Belligerents.
1. Moderation, a duty.
2. Law of retaliation.
3. Privateering.
4. Prizes.
5. Ransom bills.
6. Right of Postliminium.
Lecture VI. Of the Right and Duties of Neutrals.
1. Neutral territory inviolable.
2. Enemy’s property in neutral vessels.
3. Neutral property in an enemy’s vessel.
Lecture VII. Of Restrictions upon Neutral Trade.
1. Contraband of war.
2. Blockades.
3. Right of search.
Lecture VIII. Of Truces, Passports, and Treaties of Peace.
1. Of truces.
2. Passports.
3. Treaties of peace.
Lecture IX. Of Offences against the Law of Nations.
1. Violation of passports.
2. Violacion of ambassadors.
3. Piracy.
4. Slave Trade.
Lecture X. Of the History of the American Union.
Lecture XI. Of Congress.
Lecture XII. Of Judicial Construction of the Power of Congress.
1. Of priority of payment claimed by U.S.
2. Power to incorporate a bank.
3. Taxation.
4. Pre-emption of Indian lands.
5. Effect of state judgment.
6. Power of Congress over the militis.
7. Power of Congress as to internal improvements.
Lectures XIII. Of the president.
1. Unity of the office.
2. Qualifications.
3. Mode of election.
4. Duration of office.
5. Support,
6. powers.
7. His responsability.
Lecture XIV. Of the Judiciary Department.
1. Of the appointment, tenure, and support of the judges,
2. Its general powers.
3. Jurisdiction of the Supreme Court.
4. Jurisdiction of the Circuit Courts.
5. Jurisdiction of the District Courts.
6. Jurisdiction of the auxiliary State Courts.
7. Of attorneys and counsel.
8. Clerks.
9. Marshals.
Lecture XV. Of the Original and Appellate Jurisdiction of the Supreme Court.
1. Its original jurisdiction.
2. Its appelate jurisdiction in cases pending in State Courts.
3. Its powers in cases of mandamus.
4. Its original jurisdiction where a state is a party.
5. Its original jurisdiction regulated by Congress.
6. Its appellate jurisdiction confined to cases under the constitution, treaties, and laws.
7. Its appellate jurisdiction to matter appearing on record.
8. Its appellate jurisdiction exists, though a state be a party.
Lecture XVI. Of the Jurisdiction of the Federal Courts, in respect to the Common Law, and in respect to Parties.
1. Common law jurisdiction in criminal cases.
2. Common law in civil cases.
3. Jurisdiction when an alien is a party.
4. Jurisdiction between citizens of different states.
5. jurisdiction when a state is interested.
Lecture XVII. Of the District Courts of the United States.
1. Of the District Courts as prize courts.
2. Admiralty criminal jurisdiction.
3. Limits of admiralty jurisdiction.
4. Jurisdiction of the Instance Courts.
5. Civil jurisdiction of the District Courts.
6. Territorial Courts of the United States.
Lecture XVIII. Of the Concurrent Jurisdiction of the State Gouvernments.
1. Of concurrent powers of legislation.
2. Of concurrent judicial power.
Lecture XIX. Of Constitutional Restrictions on the Powers of the States.
1. Oh hills of credit.
2. Ex post facto laws.
3. The states cannot control the exercise of federal power.
4. Nor impair the obligation of contracts.
5. Nor pass naturalization laws.
6. Nor tax national banks or stock.
7. Nor exercise power over ceded places.
8. Power to regulate commerce.
9. Progress of the national jurisprudence.
Lecture XX. Of Statute Law.
1. Laws repugnant to the constitution void.
2. Power of the judiciary to declare theim void.
3. When a statute takes effect.
4. Acts public and private.
5. Rules for the interpretation of statutes.
6. Effect of temporary statutes.
7. Statute penalties.
Lecture XXI. Of Reports of Judicial Decisions.
1. Source of the common law.
2. Force of adjudged cases.
3. Notice of the principal report at law.
4. Notice of the principal report at law an in equity.
5. Interesting character of reports.
Lecture XXII. Of the Principal Publications on the Common Law.
Lecture XXIII. Of the Civil Law.
1. Early Roman law.
2. The twelve tables.
3. The Pretorian law.
4. Responsa prudentum.
5. Imperial Rescripts.
6. Justinian’s Code.
- Institutes.
- Pandectes.
- Novels.
7. Loss of the civil law.
8. Its revivals.
Lecture VII. Of Restrictions upon Neutral Trade.
1. Contraband of war.
2. Blockades.
3. Right of search.
Lecture VIII. Of Truces, Passports, and Treaties of Peace.
1. Of truces.
2. Passports.
3. Treaties of peace.
Lecture IX. Of Offences against the Law of Nations.
1. Violation of passports.
2. Violacion of ambassadors.
3. Piracy.
4. Slave Trade.
Part II.
Of the Government and constitutional jurisprudence of the United States.
Lecture X. Of the History of the American Union.
Lecture XI. Of Congress.
Lecture XII. Of Judicial Construction of the Power of Congress.
1. Of priority of payment claimed by U.S.
2. Power to incorporate a bank.
3. Taxation.
4. Pre-emption of Indian lands.
5. Effect of state judgment.
6. Power of Congress over the militis.
7. Power of Congress as to internal improvements.
Lectures XIII. Of the president.
1. Unity of the office.
2. Qualifications.
3. Mode of election.
4. Duration of office.
5. Support,
6. powers.
7. His responsability.
Lecture XIV. Of the Judiciary Department.
1. Of the appointment, tenure, and support of the judges,
2. Its general powers.
3. Jurisdiction of the Supreme Court.
4. Jurisdiction of the Circuit Courts.
5. Jurisdiction of the District Courts.
6. Jurisdiction of the auxiliary State Courts.
7. Of attorneys and counsel.
8. Clerks.
9. Marshals.
Lecture XV. Of the Original and Appellate Jurisdiction of the Supreme Court.
1. Its original jurisdiction.
2. Its appelate jurisdiction in cases pending in State Courts.
3. Its powers in cases of mandamus.
4. Its original jurisdiction where a state is a party.
5. Its original jurisdiction regulated by Congress.
6. Its appellate jurisdiction confined to cases under the constitution, treaties, and laws.
7. Its appellate jurisdiction to matter appearing on record.
8. Its appellate jurisdiction exists, though a state be a party.
Lecture XVI. Of the Jurisdiction of the Federal Courts, in respect to the Common Law, and in respect to Parties.
1. Common law jurisdiction in criminal cases.
2. Common law in civil cases.
3. Jurisdiction when an alien is a party.
4. Jurisdiction between citizens of different states.
5. jurisdiction when a state is interested.
Lecture XVII. Of the District Courts of the United States.
1. Of the District Courts as prize courts.
2. Admiralty criminal jurisdiction.
3. Limits of admiralty jurisdiction.
4. Jurisdiction of the Instance Courts.
5. Civil jurisdiction of the District Courts.
6. Territorial Courts of the United States.
Lecture XVIII. Of the Concurrent Jurisdiction of the State Gouvernments.
1. Of concurrent powers of legislation.
2. Of concurrent judicial power.
Lecture XIX. Of Constitutional Restrictions on the Powers of the States.
1. Oh hills of credit.
2. Ex post facto laws.
3. The states cannot control the exercise of federal power.
4. Nor impair the obligation of contracts.
5. Nor pass naturalization laws.
6. Nor tax national banks or stock.
7. Nor exercise power over ceded places.
8. Power to regulate commerce.
9. Progress of the national jurisprudence.
Part III.
Of the various sources of the municipal law of the United States.
Lecture XX. Of Statute Law.
1. Laws repugnant to the constitution void.
2. Power of the judiciary to declare theim void.
3. When a statute takes effect.
4. Acts public and private.
5. Rules for the interpretation of statutes.
6. Effect of temporary statutes.
7. Statute penalties.
Lecture XXI. Of Reports of Judicial Decisions.
1. Source of the common law.
2. Force of adjudged cases.
3. Notice of the principal report at law.
4. Notice of the principal report at law an in equity.
5. Interesting character of reports.
Lecture XXII. Of the Principal Publications on the Common Law.
Lecture XXIII. Of the Civil Law.
1. Early Roman law.
2. The twelve tables.
3. The Pretorian law.
4. Responsa prudentum.
5. Imperial Rescripts.
6. Justinian’s Code.
- Institutes.
- Pandectes.
- Novels.
7. Loss of the civil law.
8. Its revivals.
4ª ed. 1840
To William Jones - Advertisement to the second edition - Contents
William Johnson, Esq.
Dear Sir,
|
| William Johnson (1771-1834) |
You have reported every opinion I gave in term time, and thought worth reporting, during the five and twenty years that I was a Judge at Law and in Equity, with the exception of the short interval occupied by Mr. Caines’ Report. I had the happiness to maintain a free, cordial, and instructive intercourse with you; and I feel unwilling now to close my labours as an author, and withdraw myself finally from the public eye, without leaving some memorial of my grateful sense of the value of your friendship, and my reverence for your charachter.
In inscribing this work to you, I beg leave, sir, at the same time, to add my ardent wishes for your future welfare, and to assure you of my constant esteem and regard.
James Kent
Preface.
To the first volume of the first edition.
To the first volume of the first edition.
|
| James Kent (1763-1847) |
a. I was appointed Recorder of New-York in March, 1797, and from that time until August, 1823, was constantly employed in judicial duties.
The following Lectures are the fruit of the acceptance of that trust; and in the performance of my collegiate duty, I had the satisfaction to meet a collection of interesting young gentlemen of fine talents and pure character, who placed themselves under my instruction, and in whose future welfare a deep interest is felt.
Having been encouraged to suppose that the publication of the Lectures might render them more extensively useful, I have been induced to submit the present volume to the notice of students, and of the junior members of the profession, for whose use they were originally compiled. Another volume ist wantig to embrace all the material parts of the Lectures wich have been composed. It will treat at large, and in an elementary manner, of the law of property, and of personal right, and commercial contracts; and will be prepared for the press in the course of the ensuing year, unless, in the mean time, there should be reason to apprehended, that another volume would be trespassing too far upon the patience and indulgence of the public.
New York, November 23, 1826.
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