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We have viewed, in a number of instances, the accommodating spirit of the common law. In other instances, its temper is decided and firm. The means are varied according to times and circumstances; but the great ends of liberty are kept steadily and constantly in view.
Its foundations were laid in remote antiquity, have not been overturned by the successive invasions, or migrations, or revolutions which have taken place. The reason has already been hinted at: it contains the common dictates of nature, refined by wisdom and experience, as occasions offer, and cases arise.
In all sciences, says my Lord Bacon, they are the soundest that keep closest to particulars. Indeed a science appears to be best formed into a system, by a number of instances drawn from observation and experience, and reduced gradually into general rules; still subject, however, to successive improvements, which future observation or experience may suggest to be proper. The natural progress of the human mind, in the acquisition of knowledge, is from particular facts to general principles. This progress is familiar to all in the business of life; it is the only one, by which real discoveries have been made in philosophy; and it is the one, which has directed and superintended the instauration of the common law. In this view, common law, like natural philosophy, when properly studied, is a science founded on experiment. The latter is improved and established by carefully and wisely attending to the phenomena of the material world; the former, by attending, in the same manner, to those of man and society. Hence, in both, the most regular and undeviating principles will be found, on accurate investigation, to guide and control the most diversified and disjointed appearances.
How steadily and how effectually has the spirit of liberty animated the common law, in all the vicissitudes, revolutions, and dangers, to which that system has been exposed! In matters of a civil nature, that system works itself pure by rules drawn from the fountain of justice : in matters of a political nature, it works itself pure by rules drawn from the fountain of freedom. (en) |
