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Page:United States Reports, Volume 2.djvu/460

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sy Casas ruled and adjudged in the 1793- liberal philofophy, which under bold, but falfe, pretentions to ’V*liberality, prevailed in many pa·ts of _ Europe before he wrote, makes the following judicious remark : *• The language of philo· fophers, with regard to the original faculties o. the mind, is fo adapted to the prevailing fyliem, that it cannot it any other ; like a coat that fits the man for whom it was made, and fhews him to advantage, which yet will lit very aukward upon one of a different make, although as handfome and well proportioned. It is hardly pollible to make any innovation in our philofophy _ concerning the mind and its operations, without ulinge new words and phrafes, or giving a different meaninig to tho that are received." With equal propriety may this olid remark be applied to the great fubjet}, on the principles of which the de- cilion of this Court is to be founded.. The perverted ufe of · genur and jwrier in login, and- of impryion: and idea: in nidoplvy jar, have never done mifehief lb exvenlive or fopnflicalb perni- cious, as has been done by Store: and jbvmgnr, in politic: and juryjirudence ; in the politics and jurifprudence even of thofe, who wilhed and meant to be free. In the place of thofe ex- prellions I intend not to fubliitute new ones; but the cxpref- lions thcmfclves I {hall certainly ufe for .purpofes difcrcnt from thofc, for which hitherto they have been frequently ufed ; and one of them I {hall apply to an pbjcél llill more diietent from that, to which it has hitherto been more frequently, I may fay almolt univerfally, applied. In thefe purpofcs, and in this appiication, I {ball be jultified by example the moll fplendid, and by authority the moll: binding ; the example of the mol} refined - as well as the moll free nation known to antiquity ; and the an- thority of one of the bell Conititutiens known to modern times. With regard to one of the temts-State-this authority is de- clared : With regard to the other—fovereign—·-the authority is implied only: But it is equally ilrong: For, in an inltrument well drawn, as ina poemwell compolcd, lilence is fomctimes rnoll exprcllive ` » 'l`o the Conllzitution of the United State.: the term soveaercn, is totally unknown. '1`here is but one place where it could have been uled with propriety. But, even in that place it would not, perhaps, have eomportcd with the delicacy of thofe, who ordained and ¢ul»/ylml that Conititution. They might have an- nounced thcnxlizlves " SOVliRElGN” people of the United Star: : But ferenely confcious of the jiiéi, they avoided the gfmtotioux {tc/nraticu. . Having thus avowed my difapprobation of the purpofes, for which the terms, State and _/overrign, are frequ ntly ufed, and of the object, to which the application of the hifi; of them is almoll iiniwrfally made ;_ it is now proper that I lhould difclofe the meaning, which I ailign to both, and the applicagpg

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