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Updated: May 9, 2025
The common law of England, which lies at the basis of our American legislation, and is an integral portion of our civil government, is less fluctuating than our statutory law, and is in the main sound and in conformity with the principles of Jurisprudence.
It interprets what the apostle says about law solely by reference to the great question at issue between the Jewish and the Christian religions, making the word law mean the statutory system under which the Jews lived, and nothing else. No one will deny that Paul does use the word in this sense; the law often means for him specifically the law of Moses.
In some of the States reformatories have been established to which convicts have been sent under a sort of sliding sentence; that is, with the privilege given to the authorities of the reformatory to retain the offender to the full statutory term for which he might have been sentenced to State prison, unless he had evidently reformed before the expiration of that period.
He has vigorously protested against existing laws which have been passed in obedience to a rigorous puritanism, which, because of their defiance of stubborn facts, can scarcely be enforced, and whose statutory existence merely provides an opportunity for the "grafter."
In the government service, too, they cannot attain the rank of officers, as there is no such provision for the promotion of enlisted men in the navy as there is in the army. Secretary Tracy, in his report of 1889, forcibly called the attention of Congress to this condition. As a remedy he recommended that there be a statutory extension of the term of enlistment to twenty-four years of age.
There were unavoidable difficulties in handling troops whose officers had no statutory powers of discipline, who had inherited no military traditions, and who formed part of a population conspicuously independent in character.
Artificial bodies, such as corporations and joint stock or other associations, depending upon any statutory law for their existence or privileges, should be subject to proper governmental supervision, and full and accurate information as to their operations should be made public regularly at reasonable intervals.
The absence of an Indian member from the Viceroy's Executive Council can no longer, I think, be defended. There is no legal obstacle or statutory exclusion. The Secretary of State can, to-morrow, if he likes, if there be a vacancy on the Viceroy's Council, recommend His Majesty to appoint an Indian member.
8 To statutory succession the ascendant too is none the less called who emancipates a child, grandchild, or remoter descendant under a fiduciary agreement, which by our constitution is now implied in every emancipation.
At the risk even of travelling somewhat beyond the expressed terms of their reference, the Secretary of State and the Viceroy could not but recognise that the effects of great constitutional reforms, of which the statutory application would be necessarily confined to that part of India that is under direct British administration, must nevertheless react upon that other smaller but still very considerable part of India which enjoys more or less complete internal autonomy under its own hereditary rulers.
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