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The Pamphlet Collection of Sir Robert Stout: Volume 32

[introduction]

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Probably there is no country to which we can look, so far as jurisprudence is concerned, with greater interest and profit than to the United States of America. Not, indeed, that we may not consult with advantage the laws of other countries, such as Canada, India, and our neighbouring colonies; but the laws in force in America, from its historical associations and present importance, demand special consideration. Being once a dependency of Great Britain it was subject to the laws of England, so far as applicable, and these laws may be taken as the basis, on which the jurisprudence of all the present States of America is founded.

So, with us, the origin and principles of our laws are English, although numerous innovations have been made from time to time. The law in operation in this colony is divisible into what may be termed substantive and adjective law, the former giving the right, and the latter regulating the remedy.

It may not be uninteresting to allude to some of the changes which the Americans effected before, but more especially since, the Revolution, which severed their connection with the Home country, and which led to their becoming an independent nation. We occasionally hear allusion made to the law of America, but such a reference is somewhat ambiguous, and is certainly calculated to mislead. The expressions law in America and the law of America frequently convey totally different meanings. The laws in operation in the