the Constitution, and intrenched behind its strongest munitions. The
second clause of Sec. 9, Art. 1; Sec. 4, Art. 2, and the last clause of
Sec. 2, Art. 3, with Articles 7, 8, 9, and 13 of the Amendments, are
also express recognitions of the common law as the presiding Genius of
the Constitution.

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. It is
a political maxim as old as civil legislation, that laws should be
strictly homogeneous with the principles of the government whose will
they express, embodying and carrying them out--being indeed the
_principles themselves_, in preceptive form--representatives alike of
the nature and the power of the Government--standing illustrations of
its genius and spirit, while they proclaim and enforce its authority.
Who needs be told that slavery is in antagonism to the principles of the
Declaration, and the spirit of the Constitution, and that these and the
principles of the common law gravitate toward each other with
irrepressible affinities, and mingle into one? The common law came
hither with our pilgrim fathers; it was their birthright, their panoply,
their glory, and their song of rejoicing in the house of their
pilgrimage. It covered them in the day of their calamity, and their
trust was under the shadow of its wings. From the first settlement of
the country, the genius of our institutions and our national spirit have
claimed it as a common possession, and exulted in it with a common
pride. A century ago, Governor Pownall, one of the most eminent
constitutional jurists of colonial times, said of the common law, "In
all the colonies the common law is received as the foundation and main
body of their law." In the Declaration of Rights, made by the
Continental Congress at its first session in '74, there was the
following resolution: "Resolved, That the respective colonies are
entitled to the common law of England, and especially to the great and
inestimable privilege of being tried by their peers of the vicinage
according to the course of that law." Soon after the organization of the
general government, Chief Justice Ellsworth, in one of his decisions on
the bench of the United States Supreme Court, said: "The common law of
this country remains the same as it was before the revolution." Chief
Justice Marshall, in his deci