The Washington union., 1857-06-11
CONFLICT OF LAWS.


tions must regret any appearance of conflict in the
laws by which we are governed. Our institutions
are simple and admirable in theory, though appa-
rently complex in consequence of the peculiar disri
button of powers and duties. The constitution de-
wolves upon the federal government limited num-
ber of enumerated duties forbidding the exercise of
any others and TO the States and people all
other powers, except few specific restraints upon
the former State constitutions and laws delegate to
municipal and corporate bodies various powers un-
der which numerous laws are made Congress, thir-
ty-one States and seven Territories, besides other
bodies acting under Them enacting laws hun
dreds of courts expoundng, and as many minis
terial officers executing them. The only escape
from actual conflicts of legislation and construction,
as well as execution, rests in each keeping within
the limits of constitutional and legal authority. With
all care and caution there will be an occasional ap-
pearance of conflict but none in reality need occur
When each authority confines its action within
proper limits all this apparently complicated legal
machinery will move with much regularity and
certainty as our planetary system in which each of
the heavenly bodies moves noiselessy in its proper
orbit
The United States courts exercise a limited Juris-
dicton, mostly confined to questions arising under
the national constitution, treaties laws, and authority
of the United States, while the State tribunals con
strue their own constitutions and statutes for them
selves The United States courts, under the judici-
airy act of 17S9 follow the State tribunals in such
cases wherever their construction is settled except
in the single case where they impair the obligation
of contract when they Judge for themselves, because
questions arising under the constitution involved
The object has been not to unsete questions of title
to property determined by the Judiciary of State,
and therefore they have followed the construction OF
the State tribunals, when they change their
course of adjudication The Supreme Court OF the
United States has held laws of Congress and those of
States impairing the obligation of contract to be
void and State tribunals have often declared those OF
their State invalid for the In cases
where the common law alone controls, there is more
danger of differences among tribunals. Each State,
except Louisiana, has adopted the common instead
of the civil law, where it has not modified it by
statute. The common, unwrtten law, is body
of principles founded in natural Justice approved by
the wisdom of ages and, to great extent, sanction
ed by express adjudications of high tribunals The
common law adapts itself to the relations of practical
life and the wants and necessities which attach to
man and surround human institutions.
Every tribunal, State and national searches for
these principles, and applies them for itself Hence
the differences in the decisions in the various courts
even in the same State. All do not Judge alike
either as to the principle involved its application
to the case in hand. This is not conflict of law,
l.la Al.
Until man becomes perfectn judgment, and possesses
unlimited knowledge, these differences must some
times occur. The Supreme Court arrogates to itself
no superiority over State tribunals, but like them
searches the fountains of right and reason and the
condition of man and his relations to society and the
world as they exist to enable them to administer
justice in the sense of their oaths. In common-law
this court is neither bound authorized
against their of right, to follow the decs-
ions of State courts the latter bound to fol-
low those of the Supreme Court. Each Judges and
acts for ITSELF giving that consideration to the other
which the reasons adduced to sustain it may war
rant. Upon every the common law, rightly un-
derstood, has but rule and when there is a want
of harmony in decisions upon it the difficulty is not
with the law but is in the of those who de-
clare and apply it. There be but one rule of
right but may mistake both the rule and its APP
plication. This occasions all the apparent conflicts
of decision in cases which determined upon the
principles of the common law or equity. In cases
where there is real difference there is no common
superior to determine which is right But wisdom
and prudence viii prevent any serious consequences
resulting from this cause
Every judicial tribunal should seek, as far as its
constitutional duty win permit to avoid even the ap-
pearance of conflict and seek by all proper means to
promote harmony and kind feeling in the whole ju-
dietary All efforts to occasion conflict, or even
differences should be avoided by all good citizens
and frowned down, by whomsoever and wheresoever
made.
UNITED STATES MAIL STEAMSHIPS TO EUROPE.
We are requested to state that the following
the only United States mail contractors authorized
to convey the United States mail between New York
and Europe viz
Il. X. Collins Co.. between New York and Liver
pool running the steamships Atlantic" and Baltic "
IL. 4