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need of!"* This is the fervid language of the great apostle of toleration; and the longing should be as earnest, and the prayer as devout now as when the emphatic words were uttered. But, in our time, liberty will not be secured by violent effort or convulsive action. Liberty will only be preserved by steady determination and systematic habit, by the practice of those virtues of fortitude and self-command, most difficult, whether for nations or individuals.

Most eminently is this true of this country. Liberty, here, can only exist in fellowship with Law. Whatever the glories of our past history, however grand our present, however brilliant our future, it is in vain to suppose that American freedom can be maintained except just so long as our people shall exhibit the capacity justly and intelligently to administer, and the disposition steadily and loyally to obey, the government of WRITTEN LAW.

While this last sheet is going through the press, I have, for the first time, seen "The Principles and Maxims of Jurisprudence," by John George Phillimore, Q. C., M. P., London, 1856; and I can only wish that I had been able to avail myself of it at an earlier stage of my work. Mr. Phillimore's thorough knowledge and enlightened appreciation of the scientific order of the Roman law, and his liberal and courageous recognition of the defects of English jurisprudence, have already been made well known by his "Introduction to the Study and History of the Roman Law," London, 1848; but the present work is calculated still more strongly to turn the professional mind of the present age to the comparative merits of the two systems. The work is a skillful selection of some of the most terse and profound maxims of the Roman law, with comments on them by the author, showing by the light of the decided cases of English and American law, the extent to which the principles of the civil jurisprudence are recognized or disregarded by the AngloAmerican tribunals. Mr. Phillimore's work is one eminently of a character to arouse the minds of the legal students and practitioners of our time to the true dignity of the science to which their lives are devoted. In the present chaotic state of our own law, particularly, nothing can be more desirable than to keep in as frequent recollection as possible the simplicity, order, and equal justice of the great system of jurisprudence by which the Roman world was governed.

* Locke, Pref. to Letter on Toleration.

GENERAL INDEX.

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INDEX.

When figures alone are given, the reference is to the author's text; when an "(n)" is
added to the number of the page, the reference is to the editor's notes.

ABATING nuisances, 436 (n). (See "Police Powers.")
"ABSENT person," meaning of, 371 (n).

"ACTION," meaning of, 371 (n).

ACTIONS, for violation of statutes, 74, 75 (see "Remedies ");-on Statutes,
forms of, 89-91;-pending, effect of repeal on, 113, 114, 115, 109 (n) ;—
ditto, effect of a saving clause, on, 111;-altering form of does not impair
obligation of contracts, 614 (n).

ACTIONS, LIMITATIONS of, 83-86. (See "Limitations of Actions.")
ACTS of public officers, relief against, 81, 82.

ADMINISTERING JUSTICE, titles of laws relating to, 525 (n);-laws regu-
lating mode of do not impair obligation of contracts, 614 (n).

ADMINISTRATIVE proceedings, summary, statutes authorizing, to be strictly
construed, 302-306.

AFFIRMATIVE LANGUAGE in statutes, effect of in repealing prior statutes,
98 (n), 99 (n). (See "Repeal ");—when directory, 316 (n).

AFFIRMATIVE STATUTES, 29, 30;—their effect on the common law, 30.
AGREEMENTS, to procure or prevent legislation, effect of, 53, 54;—in vio-
lation of statutes, 69-74. (See "Contracts.")

AGRICULTURAL land, leases of, 541.

ALTERING the remedy, effect of on obligation of contracts, 617 (n).

AMBIGUOUS words, 225 (n).

AMEND, or repeal charters, power of Legislature when the right to is reserved,
620 (n)-622 (n).

AMENDATORY STATUTES, relate back to time of original act, 68;-effect
of in repealing prior.statutes, 110 (n), 111 (n);-not retrospective, 162 (n);
construction of words in, 222 (n);-titles of, 526 (n).

AMENDMENT of a statute, how far it acts as a repeal, 95 (n), 96 (n).

AMENDMENTS XIVTH AND XVTн of U. S. Const., construed and discussed,
563 (n)-566 (n).

AMENDMENTS OF LAWS, 530-533, 531 (u)-532 (n); constitutional pro-
visions relating to, 531 (n);-meaning and object of these provisions, 532,
533;-construction of in different States, 532 (n).

ANCIENT STATUTES, class of, 22;-proof of, 95.

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