As a general rule, governments are unlimited in their powers. All free governments, perhaps all other governments, are entitled in some shape or other to make laws and to repeal or amend them.
Louisiana commenced her existence as a state under a code of laws differing from all the other states which were founded on the common law, in that its code, a new one, was founded mainly on the Civil Law and the Code Napoleon of France.
No one familiar with the common law of England can read the Constitution of the United States without observing the great desire of the Convention which framed that instrument to make it conform as far as possible with that law.
Custody and guardianship by the parent of his child does not arise under the Constitution, laws or treaties of the United States and is not dependent on them.
May it be long before the people of the United States shall cease to take a deep and pervading interest in the Fourth of July, as the birthday of our national life, or the event which then occurred shall be subordinated to any other of our national history.
A constitution, in the American sense of the word, is a written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic.
History teaches us, in no mistaken language, how often customs and practices, which were originated without lawful warrant, and opposed to the sound construction of the law, have come to overload and pervert it, as commentators on the text of Holy Scripture have established doctrines wholly at variance with its true spirit.
It is a very great mistake, and a very common one, even for well-read persons, to adopt the idea that the progress of the human race in the science of government, in the arts of civilization and refinement, and in the establishment of morality and religion, has been constantly and steadily towards improvement and perfection.
