ARTICLE II: ON CIVIL LAW

177. • As individual nations or political communities, so also our Federated States have their own laws, by which they are governed.

Of these, a) some proceed from Congress; b) others from the legislative assemblies of the individual States (Legislature); c) others from municipal colleges (city councils); d) others pertain to common law (the common law); e) others to statute law (the statute law); f) others to Roman law (the civil law).

It is helpful to note a few things concerning each.

To a). Congress makes laws concerning affairs committed to itself by the consent and covenant of all the States. What these are, see, if you wish, in Kent¹ and in the Constitution of the United States.²

To b). Any one of the Federated States is in the manner of a nation, and must be called an independent Republic (Commonwealth), enjoying supreme power of making laws, which power is restricted only by those laws which Congress makes concerning affairs committed to itself by the consent and covenant of all the States.

To c). Municipal colleges can make laws according to the Charter by which the municipality was constituted.

To d). They call common law (the common law) "those principles, usages and rules of action, applicable to the government and security of person and property, which do not rest for their authority upon any express and positive declaration of the will of the legislature."³

To e). Statute law (the statute law) "is the express written will of the legislature."⁴

To f). Roman law, which our jurists are accustomed to call "the civil law," today, as such, has retained the force of law in almost no region. - It is contained in the celebrated Code, or Body of Civil Law, issued by command of Justinian. This volume is distributed into four parts.

In the 1st part are the Institutes of Justinian, which, as rudiments and elements for novices of Civil Law, are contained in four books.

In the 2nd part are the Digest or Pandects, which are distributed into 50 books.

In the 3rd part is the Code, called of repeated reading, divided into 12 books.

In the 4th part are contained 68 Authentics or Novels, which are designated by numerical order.

Most States (which generally these are, see Kent⁵) follow common law, insofar as it was in force before liberty was attained (July 4, 1776), and statute law established before that time by the legislative assembly of England, excepting however those dispositions of each of these laws which are repugnant either to the condition of the region, or to the laws of Congress or of the individual States.

In what sense Louisiana uses Roman law, indeed also French and Spanish law, see, if you wish, in Kent.¹ Moreover in all the States judges are accustomed to decide causes brought before them according to Roman Law only when they cannot decide them according to written laws and common law, as being silent concerning them.