The gazette., 1799-04-08


I'LL remain in force, until thsy hall be altered
sY fdjur- Law cf tee Legil4,ure, futh pats
only excepted as are repusnant 70 the zig hts and
P~iv'le Ees contained in this charter" Con, H. II.
PeEnTlDzH;4. " The Penal Laws as hereto.
fore uet, thall he r,t5rnaei by TIE Legislature Of
This State as foan as NAV be, and puniihments
zpade IN jon. cgtt lels languinary and in gene
a. more propo tionate 70 the cline"
CogG Art. IS.
DelazDayt. The Com. Law Of England,
IS well IS 70 much of the Statute Law, as have
been heretofore adopted IN practice il this State,
hlll remain in force, uRleis they ihAll be tered
~ repealed hy future Law Of the Legislature,
iach parts only excepted as are repugnant to
he rights and privileges contained in this Goa
fisution, and the declaration Of rights" CcgG.
l4y1. IS.
NvyiaEd The inhabitants Of Maryland
ere intilled to the Common Law of England,
and The trial by Jury, according 70 the cour!e Of
shat law, and to the benefit OF fuch Of the En-
r.iih Satntes as sxifed at the time of their 6rit
migration, and which BY experience have been
to.nd applicable to th5ir local and other cir
c1m(ances, and Of fuch others as have been
Eace made in England or Great Britain and
have been introduces, uled and pra6iled BY the
courts OF law or equity lubjed nevertheless TO
tie revition of, and amendment or repeal by, the
Legislature Of this State" Del 2fR;g!t5, dr.. !.
Virgrgia. In the Conaitution OF Virginia
made in 1916, DO not find any declaration
re(reaing the Com. Law Of England but il
lceals 4 committee for The reyiion Of the Laws
Of that State made report in June 1879 that,
that work had been performed by three of them,
viz. Mr.. Jsftrio0, the now Vice PreiG mt Of
he United States, Mr.. Pendlcton, now PIeG-
dent of the Court IF Appeals, and MIR. Wyeth,
now Chancellor Of the State. The plan of
'he revival was this, (lays Mr.. Jeferlon) fbe
Cannon Le7v eF England, by which is meant,
chat part Of the e>Engli,h Law, which was ante
Fior to the date Of Ihe oldeR hltutes eztant, il
made tbs baE Of fbe qyoyk. Il was thought dan.
geTous 70 attempt to reduce it 70 a text. 1t
was therefore left 10 be cole6ted from The ufual
monuments of It, &c" See ki5 NsteS OF TigiH-
ia, I46. Further, objections we're made againlt
the Contribution Of the United States in the
Convention Of Virginia, becauie i bad not by
an exbrsG proviGon adopted the Gem. Law
1t was anlwered that had it been adopted by
the Contribution It would have been immgt4bk,
but being omitted it might now be changed
See Exams 14at4rG5 10 TIE VrgiHia1s, D. As, citef
'5e De5afe5 gft5e Conventian, U2L 5. p. SO, S..
Thus il is beyond all queaion that the citi-
zeps Of America have anxiou1ly tecured TO
Jtemlelves, the full operation of =. Common
Law Of Engl2nd 70 far forth as It IS applicable
TO our local condition, and not TepuGnant TO
their refpettire Contributions.
Let every che now Judge how unfounded
are the novel diforPanizing dottiines, " that
the Common Law Of England (under The re-
nri9ions fated as above) has no force and ope.
ration within the United States that il i IN
confident with thofe republican principles con.
templated, and avowed in our Contribution. and
inapPlcable to The genius and nature Of our
government"
IF our Contribution were flsm refreaing the
Common Law of England; yet might chal-
lenge the founde1 lawyer to thcw how We could
carry into effea that Contribution, or many Of
oar ats made under it without a recurrence to
that Common Law. We have, for example, a
ttatute againf treafon, by which it is ena6ei
thAt citizen Of this State, who ihlll levy war
againa it, ihal be deemed guilty Of that offence !;
but 10 fnd what facts may amount TO that le-
wing Of war, we mutt refort TO the law Of En-
gland from which the exprcaons arc borrowed.
We have acts againR murder and burglary /;
but thoie telms are technical, the a3s in which
they are ufed, 90 not define them, and we 20 to
tie Common Law decifions for their legal i'm
poit. But it would be tedious to Gate all the
examples which occur.
For the fake Of many Prefent who were not
at the t-ial, | have made thee obfervations
upon queHion that never expected to hear
Irrigated.
In regard to the other queRion upon the ar
ticle Of cur Contribution which will not fufFer
the Pref 10 he reRrained, believe tku Is well
u0derGood by all who qgj6 to underRand tt
Oar P.efs is fubea to no Hcenter. II IS not
required here that any appointed officer fhall
put bis ia8yimatur upon competition before it
Be printed. A citizen may print what be plea