This is all beautiful, and when applied to the laws of God, and to the great system by which he governs the universe, is very true; but when we come down to "municipal law," which we have defined as "a rule of conduct prescribed by the supreme power in a state," let us see if we may limit that, so that it can not require a course of conduct "repugnant to morality or religion," and compel it to call for such conduct as will be "productive of the greatest amount of political happiness?" I think we must all agree that much of the law which governs the world would be nullified if tried by this test, and the practical application of the test would be somewhat difficult. What rule of conduct will be "productive of the greatest amount of political happiness?" Who shall decide? In our country we must unquestionably leave it to the majority, and the result would be, that after all our beautiful theorizing, we should probably have to come substantially to the definition I have proposed. Can it be improved?

It may be said that laws are sometimes adopted and municipal law established before a "State" is organized, and while there is no "supreme power" recognized therein. This may be so, and if that is admitted, it will be necessary to enlarge our definition, thus: "Municipal law is a rule of human action adopted by mankind in a state of society,” or “prescribed by the supreme power in a State." In an absolute monarchy, it is the expressed will of the Sovereign; in our country, the expressed will of the dominant party, controlled by constitutional restraints and limitations, as expounded and applied by the Judicial department of the government.

These constitutional restraints and limitations constitute the chief difference between our government and the most liberal existing monarchy. England,-in many respects as free as America, is subject absolutely to the will of the majority of the members of parliament. Their theory is, that parliament is supreme and can do anything within the possibilities of governmental power. The parliament of England is as absolute an autocrat as ever wore a crown, or wielded dictatorial power. It is responsible to public opinion

alone. It has been humorously said that "parliament can do anything but make a man a woman."

In America we entirely subordinate personal will, even the will of our majorities in popular assemblies and in our State and National legislatures, to constitutional law. No man, or body of men, in this country, can give to any enactment which the Judicial department pronounces unconstitutional, the force of law.

In this general statement, I of course except the war powers of the government, and those powers necessary to protect the national life. These are extraordinary, and not easily limited or defined. They may perhaps be illustrated by reference to the powers which an individual may exercise in self-defence, extending if necessary to the killing of an adversary, and to the use of weapons prohibited in ordinary life. As self-defence is the "first law of nature," so the safety of the republic is the first and supreme law of the nation.

The British parliament has the power, (to its credit it should be said they never exercise it), to take my estate and give it to a stranger, and if the statute is plain and unequivocal, the subject has no remedy in the courts or elsewhere. In this country, from such a statute, we appeal to the courts and obtain relief; because private property, under our constitution, can not be taken for private uses against the will of the owner, nor for the public use without just compensation.

The sources of American law are various; the main body of it comes from the common law of England. In some of the States this venerable body of law has been expressly adopted by statute. In all, (except Louisiana which has adopted the civil or Roman and Continental law of Europe), it is relied upon as the guide of practice and decision where it "has not been superseded by the constitution of the United States, or of the particular State; by judicial decision, or legislative enactment, or varied by custom; and where it is founded in reason and consonant to the genius and manners of the people."

Quite important and far-reaching qualifications; from which it will be readily seen that there is no general and universal

rule by which to ascertain, without judicial decision, what part of the English common law is valid and binding here. Our American courts and jurists pay great deference to it as being a system of improved reason, and a source from which our principles of jurisprudence have been freely drawn; but the rules which have not been made our own by adoption are carefully examined, and in their application so far departed from as they appear to our courts and jurists contrary, to reason, or unadapted to our local circumstances, the policy of our law, or simplicity of our practice. It aids, but does not control.

The evidence of our common law is found in our books of reports, and is predicated upon the general practice and judicial decisions of our courts of highest resort. But the decisions of our own courts of highest resort are but evidence of the law, for there is really no such thing as "Judge made law. Judges and courts can not make, they can only pronounce and expound law.

Decisions of the courts of one State are not binding upon the courts of another State; and some confusion arises from the different decisions of the several State courts upon commercial questions: but the judges of each State in their courts of highest resort, yield much respect to, and are greatly aided in arriving at a result by, a reference to decisions of the highest tribunals of other States; and it may reasonably be expected that these different and independent tribunals will, in a spirit of comity, and with a view to general commercial convenience, endeavor as far as practicable to conform their decisions, upon such questions as affect the commerce of the country and its trading and mercantile intercourse and dealing, to a common standard. This result will be aided by the increased facilities for intercouse arising out of our numerous and increasing railroads and telegraph lines.

The Supreme Court of the United States is one of the coordinate departments of the General Government provided for in the National Constitution, and is the final arbiter upon all questions of which the Courts of the United States have cognizance, which are those arising as follows:

1. Under the Constitution and Laws of the United States, and treaties with foreign countries.

2. In cases affecting ambassadors and other public ministers, and consuls.

3. In all cases of admiralty and maritime jurisdiction. 4. In controversies to which the United States shall be a party.

5. In controversies between two or more States.

6. In controversies between a State as plaintiff, and citizens of another State; or foreign citizens or subjects.

7. In controversies between citizens of different States. 8. In controversies between citizens of the same State, claiming land under grants of different States: and

9. In controversies between a State, or the citizens thereof, and foreign States, citizens or subjects."

The government of the United States was organized and adopted by the people of the several States, "to secure the common defence and promote the general welfare." It was invested by the people with power to control those great interests, which relate to the whole country, and which must rest for their protection upon the strength, unity and power of the nation.

We find, by reference to the Constitution, that the people conferred upon Congress the following powers:

1. To lay and collect taxes, duties, imposts and excises; to pay the debts and provide for the common defence and general welfare of the United States.

2. To borrow money on the credit of the United States. 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes.

4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States.

5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. 6. To provide for the punishment of counterfeiting the securities and current coin of the United States.

7. To establish post-offices and post roads.

8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.

9. To constitute tribunals inferior to the Supreme Court, to define and punish piracies and felonies committed on the high seas, and offences against the law of nations.

10. To declare war, grant letters of marque and reprisal, and make rules concerning captures, on land and water.

11. To raise and support armies; but no appropriation of money to that use to be for a longer term than two years. 12. To provide and maintain a navy.

13. To make rules for the government and regulation of the land and naval forces.

14. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel inva

sions.

15. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States; reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

16. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of the United States, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings: and

17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States, or in any department or officer thereof. They also, in the same instrument prohibited the States from exercising powers as follows:

1. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money;