Maybe not, but the reference was clearly toward generally accepted Brittish Common Law.
I’m in love with Norma Loquendi.
You mean the common law that says we owe perpetual allegiance to the King? I kinda think they overturned that with something called "THE F*CKING WAR OF INDEPENDENCE!" British subjectship law no longer applied, though I could be mistaken about this.
What can he mean by saying that the Common law is not secured by the new Constitution, though it has been adopted by the State Constitutions. The common law is nothing more than the unwritten law, and is left by all the constitutions equally liable to legislative alterations. I am not sure that any notice is particularly taken of it in the Constitutions of the States. If there is, nothing more is provided than a general declaration that it shall continue along with other branches of law to be in force till legally changed.What could the Convention have done? If they had in general terms declared the Common law to be in force, they would have broken in upon the legal Code of every State in the most material points: they wd. have done more, they would have brought over from G.B. a thousand heterogeneous & antirepublican doctrines, and even the ecclesiastical Hierarchy itself, for that is a part of the Common law. If they had undertaken a discrimination, they must have formed a digest of laws, instead of a Constitution.
James Madison Letter to Geo Washington October 18, 1787