LETTERS TO THE EDITOR.
[Letters of the length of one of our leading p3ragrap13 ars often more read, and therefore more effective, than th033 which fill treble the space.] " THE COMMON LAW OF ENGLAND IS PART OF THE LAW OF THE UNITED STATES OF AMERICA." [To THE EDITOR OT THE "SPECTATOR."] SIR,—In your issue of July 29th you ask for the author of the words: "The Common Law of England is part of the law of the United States." An accurate phrasing of the fact would. be: "The Common Law of England is part of the law of most of the States of the United States." The term as Used here refers to the unwritten law of England as it existed in 1607 in so far as that was applicable to our then surrounding con- ditions. It may be said to embrace that law of England which formerly was administered exclusively by the common law tribunals, and now is administered by them concurrently with and as modified by equitable doctrines. As a rule, we mean the fez non scripta as defined by Blackstone, which, of course, is that law of England predicated on immemorial usage and the general consent of the people. We include as well some of the prerogatives of the English Crown, such as the duty of the King, as parens Patrice, to look after those who from tender age or imbecility of mind are incapable of taking care of themselves or their property. The seventh amendment of the Constitution of the United States proposed in 1789, and adopted, provides that "In suits at common law where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be observed, and that no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law."
An Act of Congress gives the Circuit Courts of the country original jurisdiction concurrent with the State Courts "in all suits of a civil nature at common law." It may be said that in all the States of our Union it is regarded as embodying principles and rules inspired by natural reason, an innate sense of justice, and the dictates of convenience, voluntarily adopted by men for their government in social relations. The authority of its rules does not at all depend on Legislative enactment, but upon general reception and use, and their tendency to accomplish the ends of justice. We regard it as flexible and as always adapted to meet new and unexpected conditions. Its fundamental principles we treat as immutable. From the beginning and to this day our lawyers, judges, and Courts of Justice undeviatingly have been unstinted in acknow- ledging the great debt of our people to the Common Law of
[We are extremely glad to publish Judge Clearwater's letter. He was formerly a Justice of the Supreme Court of the State of New York, and recently President of the New York State Bar Association.—ED. Spectator.]
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