les of the government whose will
they express, embodying and carrying them out--being indeed the
_principles themselves_, in preceptive form--representatives alike of
the nature and power of the Government--standing illustrations of its
genius and spirit, while they proclaim and enforce its authority. Who
needs be told that slavery makes war upon the principles of the
Declaration, and the spirit of the Constitution, and that these and the
principles of the common law gravitate towards each other with
irrepressible affinities, and mingle into one? The common law came
hither with our pilgrim fathers; it was their birthright, their panoply,
their glory, and their song of rejoicing in the house of their
pilgrimage. It covered them in the day of their calamity, and their
trust was under the shadow of its wings. From the first settlement of
the country, the genius of our institutions and our national spirit have
claimed it as a common possession, and exulted in it with a common
pride. A century ago, Governor Pownall, one of the most eminent
constitutional jurists of colonial times, said of the common law, "In
all the colonies the common law is received as the foundation and main
body of their law." In the Declaration of Rights, made by the
Continental Congress at its first session in '74, there was the
following resolution: "Resolved, That the respective colonies are
entitled to the common law of England, and especially to the great and
inestimable privilege of being tried by their peers of the vicinage
according to the course of that law." Soon after the organization of the
general government, Chief Justice Ellsworth, in one of his decisions on
the bench of the U. S. Sup. Court, said: "The common law of this country
remains the same as it was before the revolution." Chief Justice
Marshall, in his decision in the case of Livingston _vs._ Jefferson,
said: "When our ancestors migrated to America, they brought with them
the common law of their native country, so far as it was applicable to
their new situation, and I do not conceive that the revolution in any
degree changed the relations of man to man, or the law which regulates
them. In breaking our political connection with the parent state, we did
not break our connection with each other." [_Hall's Law Journal, new
series_.] Mr. Duponceau, in his "Dissertation on the Jurisdiction of
Courts in the United States," says, "I consider the common law of
England the _jus commune_ of t