Nebraska advertiser., 1868-01-23
CIEII GOKernmentI i'm the U. S.
no. 81.

The laws of the United States are
comprehended in two general divisions,
namely: Common Law, and Statute
Law. Other divisions might be made,
but these include all the laws of our
counlry-each division will be consid-
cred separately.
Common Law may be defined 10 be
that which is acknowledged TO be law
from It's long usage, and the universal
practice of the people. A great portion
of the common law came into use by
slow and gradual adoption and from
time TO time was sanctioned by the
courts. Common law dates its origin
far back in the history of things, and is
not the result of the wisdom of any one
man or set of men; but the result of
many wise men of many ages. The
common law of the United States was
first brought from England by u ances-
tors, and adopted by them as far as it
was applicable to their new conditions In
the New World, Thus the common law
of England is the common law of the
United States. as far as it is applicable
to our institutions and government
Most of the States have by their con.
stitutions or by statute, adopted the En-
glish common law. and as a rule 1t Is
binding, Gas far as ii can be applied) IN
all the States where il is not expressly
excluded by law. In the State Of Louis
lana the Civil or Roman law is recog-
nized, the common law never having
been adopted. This State is the only
exception to the rule.
The common law, so far as adopted in
this country, is to be found in the decis.
ions of our courts, which, when published
by the proper authority, are called Re-
ports. These reports are held to be the
best authority on all questions of law
which can possibly be obtained. Many
of these reports have been handed down
to US from remOtest antiquity, and now
constitute a considerable portion of d
lawyers library.
There are other portions of the COM
mon law which consists of ancient Gus
toms, which are more ancient than mem
DRY or history. 1t would be very difficult
to ascertain the precise beginning of
many of these ancient customs. Most of
them at the present time have become
obsolete. from the reason that they work
injustice, or are not adapted to American
institutions.
The common law as contained in our
reports being the best authority on
questions of law. are followed by our
courts in all their decisions. These re-
ports, therefore, constitute a great store
house Of precedents as a decision on
one point Of law in any one case becomes
authority on the same point of law in all
other cases. These reports constitute a
history Of suits-at.l law, in which an inf
mite number Of the most difficult and in
tricate legal questions have been investi-
gated, argued and decided.
From the mature delioeration which
these decisions receive, we must presume
correctness, they therefore receive the
sanction of 5slmperative obediance. If
precedence were not regarded, we would
not know what was law, or what not law.
Il is from the fact that these decisions
received due appreciation, and are known
to be the law, hat we know how to trans
act business in a legal manner; that
people can with confidence buy and sell,
and know that what they have done is
legitimate. Professional men can give
safe advice on legal questions, and Off
GERS can fulfill the duties of there Offices
and know that they have not transcribed
legal authority. If legal decisions were
disregarded, it would u~nsettle the rights
of property life and liberty would be-
come insecure, and society every where
d~iSsipated and in a state of vagrancy.
1t may, however, be observed that all
decisions are not inyincibIe, as there are
many which are hasly and erroneous; yet
a rule of law once deliberately estab.
iished is never disturbed except for very
cogent reasons, as upon a clear NANTES
ta:ion of error, or after a long and
practical application of the law it is
found 10 be inadequate to accomplish the
ends Of justice and meet the approval of
an enlightened sense of right.
JUNIUS.