All human laws are, properly speaking, only declaratory; they may alter the mode and application, but have no power over the substance of original justice.
If any ask me what a free government is, I answer, that, for any practical purpose, it is what the people think so,and that they, and not I, are the natural, lawful, and competent judges of this matter.
We must not always judge of the generality of the opinion by the noise of the acclamation.
It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.
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