Choice Specimens of American Literature, and Literary Reader: Being Selections from the Chief American WritersMartin, Benj. N. (Benjamin Nicholas)
General
Choice Specimens of American Literature, and Literary Reader: Being Selections from the Chief American Writers
Martin, Benj. N. (Benjamin Nicholas)
American literature
The judicial power of the United States is necessarily limited to
national objects. The vast field of the law of property, the very
extensive head of equity jurisdiction, and the principal rights and
duties which flow from our civil and domestic relations, fall within the
control, and we might almost say the exclusive cognizance, of the state
governments. We look essentially to the state courts for protection to
all these momentous interests. They touch, in their operation, every
chord of human sympathy, and control our best destinies. It is their
province to reward and to punish. Their blessings and their terrors will
accompany us to the fireside, and "be in constant activity before the
public eye." The elementary principles of the common law are the same
in every state, and equally enlighten and invigorate every part of our
country. Our municipal codes can be made to advance with equal steps
with that of the nation, in discipline, in wisdom, and in lustre, if the
state governments (as they ought in all honest policy) will only render
equal patronage and security to the administration of justice. The true
interests and the permanent freedom of this country require that the
jurisprudence of the individual states should be cultivated, cherished,
and exalted, and the dignity and reputation of the state authorities
sustained, with becoming pride. In their subordinate relation to the
United States, they should endeavor to discharge the duty which they
owe to the latter, without forgetting the respect which they owe to
themselves. In the appropriate language of Sir William Blackstone,
and which he applies to the people of his own country, they should be
"loyal, yet free; obedient, yet independent."
* * * * *
=_Edward Livingston,[22] 1764-1836._=
From the "Report on the Penal Code for Louisiana."
=_77._= THE PROPER OFFICE OF THE JUDGE.
Public-domain text, read in full here on John Shaqi.
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