Is there not some relaxation of the law necessary in vindication of the civilization of the age, against the legal barbarisms still remaining on the statute books, and adhered to by the common law, in regard to wives and mothers?

The traditions of the great administrators of Henry's Court were handed down through the troubled reigns of his sons; and the whole of the later Common law is practically based on the decisions of two judges whose work was finished within fifty years of Henry's death, and whose labours formed the materials from which in 1260 Bracton drew up the greatest work ever written on English law.

It is the principle which, if Hungary is not restored to her sovereign independence, is blotted out for ever from the great statute book of the nations, from the common law of mankind.

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What makes them ready just now to risk honour, justice, even the common law of nations and humanity, in the struggle for new slave territory?

It has been held in the case referred to that as the Supreme Court of the United States is by the Constitution rendered incompetent to exercise this power, and as the circuit court of this District is a court of general jurisdiction in cases at common law, and the highest court of original jurisdiction in the District, the right to issue the writ of mandamus is incident to its common-law powers.

But waiving all concessions, whether of constitutions, laws, judicial decisions, or common consent, I take the position that the power of Congress to abolish slavery in the District, follows from the fact, that as the sole legislature there, it has unquestionable power to adopt the Common Law, as the legal system within its exclusive jurisdiction.

The preamble of the Constitution plants the standard of the Common Law immovably in its foreground.

9. CONGRESS HAS UNQUESTIONABLE POWER TO ADOPT THE COMMON LAW, AS THE LEGAL SYSTEM, WITHIN ITS EXCLUSIVE JURISDICTION.This has been done, with certain restrictions, in most of the States, either by legislative acts or by constitutional implication.

The declaration of Lord Chief Justice Holt, that, "by the common law, no man can have property in another," is an acknowledged axiom, and based upon the well known common law definition of property.

Wherever slavery is a legal system, it is so only by statute law, and in violation of the common law.

Who needs be told that slavery makes war upon the principles of the Declaration, and the spirit of the Constitution, and that these and the principles of the common law gravitate towards each other with irrepressible affinities, and mingle into one?

Chief Justice Marshall, in his decision in the case of Livingston vs. Jefferson, said: "When our ancestors migrated to America, they brought with them the common law of their native country, so far as it was applicable to their new situation, and I do not conceive that the revolution in any degree changed the relations of man to man, or the law which regulates them.

The declaration of Lord Chief Justice Holt, that "by the common law, no man can have property in another," is an acknowledged axiom, and based upon the well known common law definition of property.

By this most solemn recognition, the common law, that grand legal embodiment of "justice" and fundamental right was made the groundwork of the Constitution, and intrenched behind its strongest munitions.

By adopting the common law within its exclusive jurisdiction Congress would carry out the principles of our glorious Declaration, and follow the highest precedents in our national history and jurisprudence.

Mr. Duponceau, in his "Dissertation on the Jurisdiction of Courts in the United States," says, "I consider the common law of England the jus commune of the United States.

Such are many words in the common law, as capias, habeas corpus, praemunire, nisi prius: such are some terms of controversial divinity, as hypostasis; and of physick, as the names of diseases; and, in general, all terms which can be found in books not written professedly upon particular arts, or can be supposed necessary to those who do not regularly study them.

The Law of torts: cases and materials from common law and civil law countries.

MORGAN, EDMUND M. A selection of cases on evidence at the common law, by Edmund M. Morgan & John MacArthur Maguire.

Common Law Prevails; New Crimes and Penalties; Self-Regardant Actions; Reform in Punishment; Procedure in the Courts; Lynching and Mob Law; Interstate Commerce in Liquor, etc.; Physicians' Privilege; Prohibition Laws; City Ordinances; Juvenile Courts and Laws; Present Needs.

Indeed, as we shall so often find, it is the very ease and frequency of legislation that has caused our courts and law-makers to forego the well-tried doctrines of the common law.

The Federal statute was indeed necessary to this extent, that, although the common law was unquestioned, as there is no Federal common law in the absence of statute, and as interstate commerce cannot be controlled by State law, either common or statute, it was necessary for Congress to declare that the principles of the common law should apply to interstate commerce.

Germany and Austria copy the English common law as to enticing from service.

Wise men had taken the best of the old common law practice, and with the aid of judicious legislation and intelligent courts, had got about the best it was capable of.