Our legislature first adopted the common law in the Howell Code in the following language:
"The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution and laws of the United States
Our statutes have long provided that the common law, except when “repugnant to or inconsistent with the constitution of the United States or the constitution or laws of this state ... is adopted and shall be the rule of decision in all courts of this state.
The right of trial by jury shall remain inviolate.”
In Cherokee Nation v. Southern Kan. R. Co., (D. C.) 33 Fed. 900, 906, the court has defined the term “sovereignty” as follows:
...Hurd says:
‘The supreme power in the state must necessarily be absolute, in being subject to no judge.’
Jameson says:
‘By the term “sovereignty” is meant the person or body of persons in a state to whom there is politically no superior.’
Leiber has said:
‘The necessary existence of the state, and that right and power which necessarily follow, is sovereignty.’
Story says:
‘By sovereignty, in its largest sense, is meant supreme, absolute, uncontrollable power; the jus sumni imperii; the absolute right to govern.’
Teaman, in his Study of Government, (484), says:
‘This sovereignty is the last and supreme will in the direction and control of the affairs of society, and beyond or above which there is no political power, and no legal appeal. The word which by itself comes nearest being the definition of sovereignty is will or volition, as applied to political affairs. Government is not sovereignty. Government is the machinery or expedient for expressing the will of the sovereign power.’ Definitions of sovereignty might be almost indefinitely multiplied, but these which have been given I believe to be sufficient to give an accurate idea of its nature. This sovereign power in our government belongs to the people, and the government of the United States and the government of the several states are but the machinery for expounding or expressing the will of the sovereign power.”
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