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Page:United States Reports, Volume 2.djvu/441

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SUPLEMI COURT of the Unirrdfam. 4;; tion was adopted, or at the time the judicial at'} was palled. rygg. Since that time an act of Allembly for fuels a purpofe has been WV`-! pallial in Georgia. But that fura-ly could have no inlluence in the conflruftion of an a& of the Legillature of the Uuited State: pall`ed before. The only principles of law, then, that can be regxrded, are thofe common to all the States. I know of none fuch, which can alleél this cafe, but thofe that are derived from what is pro- perly termed ** the common law," a law which I prefume is the ground-work of the laws in every State in the Union, and which Iconlider, fo far as it is applicable to the peculiar cir- eumflanccs of the country, and where no fpecial ad of Legilla· tion controuls it, to be in force in each State, at it cxjfcdin _ England, (rmaltered is any/Inlet:} nt tb: time of lb: _[Z·m'e· ment ofthe country. The flatutes of England that are in force in Amerika dil}`er perhaps in all the States ; and, therefore, it is probable the common law in each, is in {cme refpefls diliierent. But ir is certain that in regard to any common law principle which can influence the qucllion before us no alteration has been made by any ltatute, which could occalion the leall material difference, or have any partial effect. No other part of the common law of England, it appears to me, can have any reference to this fubjcft, but that part of it which prefcribes remedies againlt the crown. Every State in the Union in every inllance where its fovereignty has not been delegated to the United Stnter, I conlider to be as complcatly {overeign, as. the United State: are in rc· fpeft to the powers furrcndered. The Unite.-! State: are fove- reign as to all the powers of Government a•El:ually furrendered : . Each State in the Union is fovereign as to all the powers referv- ed. It mult necelfarily be fo, becaufe the United Stats.: have no claim to any authority but fuch at tl-: Stale: Lawjerrendzred to

l·»-m : Of courfe the part not furrenderred mult remain as it

did before. The powers of the general Government, either of a Lcgillativc or Executive nature, or- which particularly concerns Treaties with Foreign Powers, do for the moll: part (if not wholly) alice} individuals, and not States: They require no aid from any State authority. This is the great leading dillinflion between the old articles of confederation, and the prefent conltitution. The judicial power is of a peculiar kind. It is indeed commenfuratc with the ordinary Legillativc and Execmive powers of thc general government, and the Power which concerns treaties. But it allb goes further. \'here cer- tain parties are concerncd, although the fubjecl in controvcrfy docs not relate to any of the fpecial objects of authority of the general Government, wherein the fepzvratc linucigntics of thc. States arc blended in one common mats of l`uprem.u·y, yet the general Government hasn judicial Authority in regard to fuels. lii 2 fulrjccls