So you admit there were exceptions. Good. We are making progress. And what might some of those exceptions be?
No one doubts that the Founders made exceptions and changes to the Common Law. And in most cases they liberalized the laws not make them more restrictive.
Maryland changed their law in 1771 so that naturalized subjects could be elected to the Assembly (this was to allow Jonathan Hager, a naturalized subject to serve in the Assembly).
They incorporated the English Common Law into their state constitution in 1777.
In 1779, the Maryland Assembly passed a naturalization act that used the term “natural born subjects” five times.
In 1780, the Assembly granted the sons of Baron de Kalb the rights of natural born subjects.
In 1784, the Assembly granted the “major-general the marquis de la Fayette” and his male sons the rights of natural born citizens of Maryland.
BTW, Pennsylvania’s 1776 constitution also allowed naturalized natural born subjects to serve in their legislature after two years.
So you admit there were exceptions. Good. We are making progress. And what might some of those exceptions be?
Each state made the application of the English common law clear in its constitution or statute laws. The language was clear to 18th century colonials. It may not be clear to 21st century dreamers seeking to find the law of European philosophers as their guiding light. I cannot help with the myopia of those who will not see.
Constitution of Connecticut — 1776.
PARAGRAPH 1. Be it enacted and declared by the Governor, and Council, and House of Representatives, in General Court assembled, That the ancient Form of Civil Government, contained in the Charter from Charles the Second, King of England, and adopted by the People of this State, shall be and remain the Civil Constitution of this State, under the sole authority of the People thereof, independent of any King or Prince whatever. And that this Republic is, and shall forever be and remain, a free, sovereign and independent State, by the Name of the STATE OF CONNECTICUT.
Georgia, Act of February 25, 1784
3. Sec. I. Be it enacted, &c. That all and singular the several acts, clauses, and parts of acts, that were in force and binding on the inhabitants of the said province, on the 14th day of May, in the year of our Lord 1776, so far as they are not contrary to the constitution, laws, and form of government now established in this state, shall be, and are hereby declared to be in full force, virtue, and effect, and binding on the inhabitants of this state, immediately from and after the passing of this act, as fully and effectually, to all intents and purposes, as if the said acts, and each of them, had been made and enacted by this general assembly, until the same shall he repealed, amended, or otherwise altered by the legislature: And also the common laws of England, and such of the statute laws as were usually in force in the said province, except as before excepted.
Constitution of Maryland — 1776.
III. That the inhabitants of Maryland are entitled to the common law of England, and the trial by jury, according to the course of that law, and to the benefit of such of the English statutes, as existed at the time of their first emigration, and which, by experience, have been found applicable to their local and other circumstances, and of such others as have been since made in England, or Great Britain, and have been introduced, used and practised by the courts of law or equity; and also to acts of Assembly, in force on the first of June seventeen hundred and seventy-four, except such as may have since expired, or have been or may be altered by acts of Convention, or this Declaration of Rights — subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State: and the inhabitants of Maryland are also entitled to all property, derived to them, from or under the Charter, granted by his Majesty Charles I. to Cæcilius Calvert, Baron of Baltimore.
Constitution of Massachusetts, 1780
ART. VI. All the laws which have heretofore been adopted, used, and approved in the province, colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature, such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Constitution of New Jersey — 1776
XXII. That the common law of England, as well as so much of the statute law, as have been heretofore practised in this Colony, shall still remain in force, until they shall be altered by a future law of the Legislature; such parts only excepted, as are repugnant to the rights and privileges contained in this Charter; and that the inestimable right of trial by jury shall remain confirmed as a part of the law of this Colony, without repeal, forever.
North Carolina, Act of 1778, Chap. 133
2. Be it enacted, &c. That all such statutes, and such parts of the common law, as were heretofore in force and use within this territory, (b) and all the acts of the late general assemblies thereof, or so much of the said statutes, common law, and acts assembly, as are not destructive of, repugnant to, or inconsistent with the freedom and independence of this state, and the form of government therein established, and which have not been otherwise provided for, in the whole or in part, not abrogated, repealed, expired, or become obsolete, are hereby declared to be in full force within this state.
Pennsylvania, Act of 1777
II. Be it therefore enacted, and it is hereby enacted, That each and every one of the laws or acts of General Assembly, that were in force and binding on the inhabitants of the said be province on the fourteenth day of May last, shall be in force from and binding on the inhabitants of this state from and after the tenth day of February next, as fully and effectually, to all intents and purposes, as if the said laws, and each of them, had been made or enacted by this General Assembly; and all and every person and persons whomsoever are hereby enjoined and required to yield obedience to the said laws, as the case may require until the said laws or acts of General Assembly respectively shall be repealed or altered, or until they expire by their own limitation; and the common law and such of the statute laws of England as have heretofore been in force in the said province, except as is hereafter excepted.
Constitution of South Carolina— 1776
XXIX. That the resolutions of this or any former congress of this colony, and all laws now of force here, (and not hereby altered,) shall so continue until altered or repealed by the legislature of this colony, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration.
Patrick Henry, Debates and Other Proceedings of the Convention of Virginia, 2nd Ed., pp. 316-17.
When our government was first instituted in Virginia, we declared the common law of England to be in force.
Virginia, Statute § 1-200, The Common Law, (Code 1919, § 2, § 1-10; 2005, c. 839.)
§ 1-200. The common law.The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly.
(Code 1919, § 2, § 1-10; 2005, c. 839.)
Vermont Act of November 4, 1797; An Act, adopting the common law of England, and declaring that all persons shall be equally entitled to the benefit and privilege of law and justice.
Sect. 1. It is hereby enacted by the General Assembly of the State of Vermont, That so much of common law of England, as is applicable to the local situation, and circumstances, and is not repugnant to the constitution, or to any of the acts of the legislature of this state, be, and hereby is adopted law, within this state; and all courts are to take notice thereof, and govern themselves accordingly.
1 V.S.A. § 271, common law adopted
§ 271. Common law adoptedSo much of the common law of England as is applicable to the local situation and circumstances and is not repugnant to the constitution or laws shall be laws in this state and courts shall take notice thereof and govern themselves accordingly.
Northwest Territory, Act of July 14, 1795, A Law declaring what laws shall be in force.
The common law of England, all statutes or acts of the British parliament made in aid of the common law, prior to the fourth year of the reign of King James the first (and which are of a general nature, not local to that kingdom) and also the several laws in force in this Territory, shall be the rule of decision, and shall be considered, as of full force, until repealed by legislative authority, or disapproved of by congress.