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controul acts of parliament, and some times adjudge them to be actually void. Many instances are there reduced in which such a power may be exercised. And in Hardres 140, "the law and choice of nature is said to be superior to all positive laws, and is called lex eterna or the moral law." 7 Rep. 12 b. Calv. case; "It is the law that was infused into the heart of man at his first creation; and whatever positive laws are contrary to this law of nature and reason, they are void of themselves." And, in Hobart 87, an act of parliament made against natural equity as to make a man a judge in his own cause, is void in itself; for jura naturæ sunt immutabilia, and they are leges legum.

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"The decisions therefore of courts are held in the highest re "gard, and are not only preserved as authentic records in the trea"suries of the several courts, but are handed out to public view in "the numerous volumes of reports which furnish the lawyer's li "brary." 1 Bl. Com. 71.

Prior to the year books; there are said to be reports of cases adjudged during the reign of Edward I. in manuscript in certain public libraries. The year books are so called be cause they were published annually from the notes of certain persons, who were paid a stipend by the crown for this employment. The establishment of reporters, is said to have been first made by this king, (Edw. II); or more probably at the latter end of the former reign. However, as we have no fruits of such an appointment till the beginning of this reign, we may suppose, it did not take place till then.

The year books were continued down to the 27th Hen. VIII. and embrace some part of that year; though during that reign, there are Dyers reports, with some scattered cases in Kellway, Jenkins, Moore, and Benloe; and towards the end of the reign, in Leonard, 4 Reeves, 414.

Pennsylvania has the credit of having given the first in point of date, and not the last, in point of excellence, in the reports of A. J. Dallas; the first volume of which, he pulish

ed the 1st. May 1790; but, which embraces cases as far back as 1754: these collected with much research from that period downwards. But until the chief justiceship of M'Kean, the cases are few; and, except as to their antiquity, of minor importance. Chief justice M'Kean was a great man; his merit in the profession of the law, and as a judge has never yet been sufficiently appreciated. It is only since I have been upon the bench, that I have been able to conceive a just idea of the greatness of his merit. His legal learning was profound, and accurate; but, in the words of the poet,

Materiem superabat opus

The lucidity of his explication; and the perspicuity of his language; which is the first excellence in the communication of ideas, was perfect; but I never saw equalled his dignity of manner in delivering a charge to the jury, or on a law argument, to the bar. But, what is still more, his comprehension of mind in taking notes, so as to embrace the substance, and yet omit nothing material, has appeared to me inimitable. This, I say, thinking of him as a man out of the world, as from the course of years, he must be supposed soon to be.

The decisions also which these reports contain, and observations on points of law, of chief justice Shippen, render them valuable; not only on account of their intrinsic worth ; but also as preserving some remains of the legal knowledge of a great judge, and also of the most amiable of men; whose integrity and manners, attracted the respect and attachment of all persons.

-Qualem candidiorem

These reports of Mr. Dallas are the only monuments of the rudiments of our Pennsylvania law, and the early decisions; and, being given in a concise, and perspicuous stile, will last as long as the jurisprudence of the country; being interwoven with it. Even the two first volumes which contain fewer of the cases in the supreme court of the United States, and district court, have not failed to attract the attention of

the practitioners of the law, in other states; and have been cited in the courts, as containing many principles of common law, and practice, which render them instructive.

With regard to the reports of Mr. Binney which have succeeded to those of Mr. Dallas, I shall say nothing because, to these, I may apply to some small extent, the

quorum pars

This however I cannot help thinking; and I may take the liberty of expressing so much, that these reports have given me a chance to be remembered, longer than I would other wise have been.

Mr. Peter A. Brown a young gentleman of talents, and industry has commenced a series of reports of cases in the inferior courts, with such others as he may be able to procure from the higher: This, that he might not interfere with Mr. Binney, who had published first, and occupied this sphere; and, reports of cases in the courts of common pleas, orphans courts, and courts of quarter sessions, were wanted in addition to complete the history of Juridical proceedings. But though the sphere, in contemplation of law, may be the more humble, yet the ability may not be less; and the labour more. Equal discernment and accuracy is required, and though the circulation, and emolument cannot be equal, yet the praise may be equal;

In tenui labor, at tenuis non gloria.

The report of a decision of any court; or of the opinion of any judge, must be, from the nature of it, examinable. The statement of the case, so far as may depend upon the record, may be given with exactness; and the result of the decision; for that can be taken from the record. But the sentiments delivered are supposed to be, and frequently are, the notes of the counsel, the judge, or of the reporter himself who catches in court, the argument or the opinion. This, with all the attention and quickness that is possible, cannot be done; for the pen of the most ready writer, will not be able to keep pace, currente calamo with the oral expression; and therefore the substance can only be obtained; and even with regard to this, misconception, or omissions, are unavoi

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dable. It follows therefore that the report of a case like a record cannot import absolute verity. But even after all, supposing the decisions of the court, with the reasons of them, to be given perfectly, these are but the evidence of law, and are examinable. The judges themselves who make a decision have a right to examine, and reverse their own judgment, in a subsequent case. This, subject to their legal discretion, under certain considerations must govern. For even though a decision may be contrary to legal principles, or the just construction of a statute, yet in cases where a principle is merely arbitrary, and from the artificial reasons of law, when it has become a rule of property, or practice, the advantage of certainty in the law will justify the sanction of it. This in all matters that are not contrary to natural justice or public convenience. The non ita refert quæ sit lex quam quod sit nota applies. It is not uncommon, therefore, for a court or judge to say, were it a new case we might think otherwise.

In case of an artificial rule of law, therefore, there can be no difficulty in the mind of a judge, in supporting former decisions, though contrary to his own judgment, as to what might appear to him, ought to have been decided. But subject to this consideration of expediency, he cannot be supposed not to have the right to reverse the former judgments of others, as well as of that which he himself hath given.

But supposing the case new, and that for the first time he delivers his opinion upon the point of law that is made. in the argument, or arises from the case, how is it as to his right to continue his dissent from the majority of the court, as he now will discover it to be. His continuing to dissent when the question again arises, must be subject to the like consideration, as to the advantage of certainty in the law and judicial proceedings. It is a principle that in all collective bodies in a republican government the majority shall govern; and where a decision is not clearly contrary to natural reason and public policy, much more where it stands indifferent, it will be his duty to concede, even where M

it depends upon the construction of a statute, the presumption to himself being that he has erred; and he will rest until the legislature shall, by a declaratory law, explain their own meaning. But I take it he has a right, in law and conscience, subject to the considerations aforesaid, to stick to his opinion, in all cases; because by a new judge coming on the bench, the judgment may be in favour of his decision. By maintaining his dissent also, the attention of the legisla ture may be attracted to settle the principle, whether of law or of construction. This the legislature have, in many cases, done, though it will be at all times a matter of the most de licate interference. But as this is the ultimate appeal, where judges in the court of the last resort, are divided, it may seem necessary. Hence it may be seen that it will behoove the legislature of a free people to read the judicial reports, and to make themselves acquainted with the construction put upon these acts by the judiciary, with a view either to declare the law as they intended it, or to repeal, or to supply. How is it that the members do not direct themselves to be furnished with the state reports that may be published, during the year, at every commencement of their session? and this at the expence of the public, whom, by this means, they may be the better able to serve. This would be an encouragement to reporters, by an increase of the emolument arising from the sale. The same officers that are directed to be furnished with the acts of assembly, might be directed to be furnished with these also. For judicial comments on the acts of assembly by the several courts, are necessary to be known, in order to discover what is defective in them, or needs amendment. Such encouragement to reporters would be unexceptionable. For it is a question whether an appointment by a fixed salary would be advisable. An experiment of this kind was made at an early period, in what were called the year books, or books of terms and years. These are said to be so called,' because they were published annually from the notes of certain persons who were paid a certain stipend by the crown for the

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