In England the phrase is more commonly used at the present day in the second of the three senses above mentioned.
6. In this country the common law of England has been adopted as the basis of our jurisprudence In all the states except Louisiana. Many of the most valued principles of the common law have been embodied in the constitution of the United States and the constitutions of the several states; and in many of the states the common law and the statutes of England in force in the colony at the time of our independence are by the state consti tution declared to he the law of the state until re pealed. See 1 Bishop, Crim. Law, / 15, note 4, / 45, where the rules adopted by the several states in this respect are stated. Hence, where a question in the courts of one state turns upon the laws of a sister state, if no proof of such laws is offered, it is, in general, presumed that the common law as it ex isted at the time of the separation of this country from England prevails in such state. 4 Den. N. Y. 305; 3 Abb. Pract. N. Y. 23. The term common law as thus used may be deemed to include the doc trine of equity, 8 N. Y. 535; but the term is also used in the amendments to the constitution of the United States (art. 7) in contradistinction to equity, in the provision that "In suits at common law where the value in controversy shall not exceed twenty dollars, the right of trial by jury shall be pre served." The "common law" here mentioned is the common law of England, and not of any psr ticular state. 1 Gall. C. C. 20; 1 Baldw. C. C. 554, 558; 3 Wheat. 223; 3 Pet. 496. The term is used
in contradistinction to equity, admiralty, and mari time law. 3 Pet. 446 ; 1 Baldw. C. C. 554.
7. The common law of England is not in all re spects to be taken as that of the United States or of the several states : its general principles are adopted only so far as they are applicable to our situation. 2 Pet. 144; 8 id. 659 ; 9 Cranch, 333; 9 Berg. & R. Penn. 330; 1 Blackf. Ind. 66, 82, 206; 1 Rirb. Comm. 117 ; 5 Harr. & J. Md. 356 ; 2 Aik. Vt. 187; T. U. P. Charlt. Ga. 172 ; 1 Ohio, 243. See 5 Cow. N. Y. 628; 5 Pet. 241; 8 id. 658; 7 Crunch, 32; 1 Wheat. 415; 3 id. 223; 1 Dall. Penn. 67; 2 id. 297, 384; 1 Mass. 61; 9 Pick. Mass. 532; 3 Me. 162 ; 6 id. 55; 3 Gill & J. Md. 62; Sampson's Discourse before the N. Y. Hist. Soo.; 1 Gall. C. C. 489 ; 3 Conn. 114; 1 Blackf. Ind. 205; 5 Cow. N. Y. 628; 3 Ala. 362. In general, too, the statutes of England are not understood to he included, ex cept so far as they have been recognized by cola nial legislation, hut the course pursued has been rather to re-enact such English statutes as were deemed applicable to our case. By reason of the modifications arising out of our different condition, and those established by American statutes and by the course of American adjudication, the common law of America differs widely in many details from the common law of England; but the fact thnt this difference has net been introduced by violent changes, but has grown up from the native vigor of the system, identifies the whole as one jnrisprudene e.