Waddington, Rutgers _v._ Walkinshaw, Katz _v._ Walton, Holmes _v._ Ward _v._ Conn. Pipe Mfg. Co., Ward, State _v._, Warmoth, Kellogg _v._, Waterbury, French _v._, Webb, People _v._, Weeden, Trevett _v._, Western Union Telegraph Co. v. Call Publishing Co., Wheaton v. Peters, Wheeler, Ohio and Mississippi R. R. Co., _v._, Wheeler's Appeal, Wilcox v. Heywood, Wilcox, Griffin _v._, Williams, Blair _v._, Williams, Regents _v._, Wilson, U. S. _v._, Wolcott, Diggs _v._, Woodward, Dartmouth College, _v._, Worcester v. Georgia, Worden, State _v._, Worrall, U. S. _v._ Additional cases cited in Second edition. Janvrin v. Revere Water Co., Revere Water Co., Janvrin, _v._, O'Brien's Petition, Seery v. Waterbury, Waterbury, Seery _v._ * * * * * PART I THE NATURE AND SCOPE OF THE JUDICIAL POWER IN THE UNITED STATES * * * * * CHAPTER I ENGLISH ORIGIN AND EARLY DEVELOPMENT OF THE AMERICAN JUDICIARY No government can live and flourish without having as part of its system of administration of civil affairs some permanent human force, invested with acknowledged and supreme authority, and always in a position to exercise it promptly and efficiently, in case of need, on any proper call. It must be permanent in its character. Only what is permanent will have the confidence of the people. It must always be ready to act on the instant. The unexpected is continually happening, and it is emergencies that put governments to the test. The judiciary holds this position in the United States. The institutions which underlie and characterize it, both of the United States and of each of the States, considered by itself,[Footnote: I do not except Louisiana, for trial by jury and other institutions derived from the common law have profoundly affected her whole judicial system.] are the outgrowth of those of the thirteen English colonies on the Atlantic coast, which declared their independence in 1776. The colonial charters, whether of the proprietary, provincial or republican type, were all equally charters for Englishmen, based on the common law of the English people. So far as they granted legislative power, it was generally declared that it should be exercised in conformity, so far as might be practicable, with the laws of England. The proviso to this effect in the roving patent given by Queen Elizabeth to Sir Walter Raleigh may be taken as a type: "so always as the said statutes, lawes, and ordinances may be, as neere as conveniently may be, agreeable to the forme of the lawes, statutes, government, or pollicie of England."[Footnote: Poore, "Charters and Constitutions," II, 1381.]