Nebraska advertiser. [volume] (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882, 1868-02-06


law by The legislaiuro. lnoiher uoldo,
i is The written wiz 0f iha Legislature
properly expressed. The word Si1l1s
IS used in c0nradisiinciion 20 common
law.
The province Of statute law Is noi g
much 70 declare what ihe Ffgsis of pz1at
arty and person are. IS j j. g deins he
datiss Of persons as oitissne, Who enisY
the protection Of elFil government, aus
the duties Of persons ns CHEERS n The
various departments of lhat govsFnmenls
while the common law more particularly
defines the rights Of persons and things.
leaving much 70 Be provided Tor bg
statuse-how these riells shall Be main.
tanned and enforced. and he machinery
of civil governments KEEP, in molien.-A
Common law is lhs me ihrougheul he
United States, where 4 is recognizes,
while each Stale has It's own alaluio
laws, peculiar 70 ITSELF
A distinction must here Be- observed
belween what are termed our duties ana
what termed our rights. We have csvr
tain duties which re oW8 to society and
to the governments as ciiizens. for which
we are duly compensated ty The prosee.
ton Of our rights bg that gi,vernmsnL a
duty is something which We osFs--a right
is something Nhich belongs to us; Il is
ours legally, and If need Be we can resort
to The law Of the land 70 maintain i.
The enactmenis Of Legislature are
called statutes. The Legislature IS q
body Of men in a State which has the
power Of making laws. IN some States
il - called the General Assembly. IN
Others the Legislature. That Legislative
body IN which Is vested the power Oe
making the laws Of the United States is
called the Congress.
Although the power Of making laws Is
vested ID the legislature, yet the legis-
lasure is not supreme. The supreme
power is vested in a constitution. This
is the great beauty and sfieaeyof Amer
lean governments. The constitution OF
the United States IS the supreme law ot
the land, and hl legislative enacsmenis.
both Of the Sgages and Of the UniEed
States, must conform 10 il. In England
the legislative body Of her Parlimens
is supreme, there being no written conssi-
tuition il that country. This is not the
case in the United States. Here The
legislature Of each and every State must
ia all their deliberalions conform, hrsl 70
the constitution Of the United States. and
then to the constitution Of its particular
State. If any statute passed BY any
State legislature is an infringement on
either, il is void. The power 70 deter.
mine whether or not an act Of the legis-
la!ure is unconstitutional, rests entirely
with the courts, any declaration Of the
legislature to the contrary nolwiIhsiand.
ing. To controvart this would be 70 sd-
nit the supremacy Of The legislature
Il would be making the power Of The
agent greater than that Of the principal
The officers Of the government are
merely agents Of the people: 70 do GER
tain things which are defaed and limited
by the constitution, and 70 il they must
conform. The legislature is continually
acting upon all the great interests Of
society, and continually introducing some-
thing new ia the great machinery Of
human government. They are liable 70
be swaYsd by popular prejudice and party
passion. Il is therefore necessary that
there should be limit to their power,
which is the constitution. This right ana
power Of the courts, which IS too firmly
established to be disturbed. IS a great
triumph in favor Of constitutional liberty.
A statute takes effect from its passage
when no time is established By The pro.
visions Of the statute itself; this is now
the rule both in Englang and the United
States. This rule 10 many Instances ap.
pears to be unjust for il Is imPOssiblS
10 most cases for the people Of Ssais.
and particularly Of the United Sales, 70
have a knowledge Of the existence og .
law until sometime after ils passage, FOR
the reason il is generally provided that
the statute shall take effect Al some iu-
ture ldale. Il is necessary that every
statute should take effect Al some l;ma
certain, whether il had reached he
knowledge Of the people or nos. II The
time of taking effect vas % be decided
BY their knowledge Of iss sEissanee. it
would open the way for ihoss who are
disposed 10 evads The law. 20 ever plead
ignorance, which is in direct opposiiioa
10 the reason Of Law.
In the construction Of statutes i il .
general rule that Us meaning is io b
derived from q visw Of Tie whole stat.
uie. They are 10 be understood acccrds
ing 10 the most natural and obViOus
meaning Of the language. II ths words
Of she statute are Of common uss, they
are 10 be taken in their plain. natural
sense. If the words ara iechniezL they
are 10 be understood ia g leehnieai sense.
And when a statute Is understood. and !.
not unconstitutional. ia Is binding. snd
mus, remain in full force until Il Is -.
4 peaied or ser aside by ihs sane poser
or as great a power ss ihai which eFsaIei
il. JVFlUs.