In other States. Benefit of clergy. New trial. Ufury. Naturalization lies, has it laid off by the furveyor, who gives him its exact description in the form of a certificate, which certificate he returns to the land officer when the grant is immediately made out and figned by the governor. This vefts in him an abfolute eftate in fee fimple. The mode above-mentioned is very nearly the fame in the other States. The benefit of clergy is abolished. Where verdict is against defendant the court may at their discretion grant or deny a new trial. The laws against ufury are in force in Virginia and New-York, and perhaps in all the States, but it is certain they are not in practice in many of them. The late conftitution empowers/Congress bankruptcies. to establish a uniform rule of naturalization and laws on the fubject of bankruptcies throughout the United States. At prefent they differ in almost every State. In fome few of the States only the bankrupt laws are in force. They are not I believe in force Southward Southward of Maryland, or Northward of New-York. Many of the laws which were in force during the monarchy being merely applicable to the fuperintendant government of Great-Britain, and inculcating principles inconfiftent with republicanism, it is faid to be in contemplation of Congress to form one general code or body of laws, making the common law of England the bafis of the work, but whether they will reduce it to a text or leave it to be collected from the ufual monuments of it, or which would be beft, is matter both of doubt and difficulty *. * See Jefferson's notes on Virginia and the laws of the States in general CHAP. СНАР. II. Of the Jurifdiction of the Courts of T HE Court of King's-Bench can fend a writ of Habeas Corpus to the plantations. But notwithstanding this power, where they cannot judge of the cause or give relief upon it, they would not interpofe.. Therefore on imprisonment in the plantations, Lord Mansfield said, he had known complaints to the King in council, and orders to bail or discharge, but he did not remember any application for a writ of Habeas Corpus, yet cafes have formerly happened of perfons illegally fent from hence, and detained there, when a writ of Habeas Corpus out of the Kings'-Bench in England would be the most proper and effectual remedy. Upon Com. Rep. 20; 29. Calvin's Cafe. Vaugh R. 290 401. Upon a proper cafe, writs of Mandamus Id. 855. 6. Z. Prohibition, Habeas Corpus, and Certiorari, may iffue to every part of the dominions of the Crown of England. There is no doubt as to the power of the court, the only question is as to the propriety. The respective acts of Affembly for eftablifhing courts of King's-Bench and Common-Pleas, in the Iflands of St. Chriftopher and Nevis, referve the jurifdiction of the court of King's-Bench in England. K. B. & C. B. in St: Chrifto. phers & Nevis. Lord Mansfield faid, in the cafe of Moftyn and Fabrigas. Moftyn and Fabrigas, "Wherever there is "a queftion between two Britifh Provincés “in America, it must be tried in England." Parl. C. 30. The judges of the courts in England Id. Show. determine all cafes that arife in the planta- 33. 1 Atkyns tions, &c. and they muft inform themselves be fit to be tried here. 543. 4. 34 -589. 1. Blackft. c. 107. 8. rities: See further upon this fubject, the trial of Further autheMoftyn and Fabrigas throughout. Salk. Rep. 411. 666. 4. Mod. R. 222. 2. P. Williams, 75. 6. Vaughan R. 290. 402, 2 Lord Raymond, 1447. 8. Spirit of Laws B. 21. E 2 66 B. 21. Ch. 17.In Showers's Parl. Cafes 30. 31. in the cafe of Dutton and Howel, it it faid, Though a matter may juftify a governor for an act done in his "government, which would not justify him for the fame act done in England, yet "the governor muft fhew that he has "purfued the rules of law in that place, 66 66 or in case of no pofitive laws, the rules "of natural juftice; for either the common law, or new inftituted laws, or na"tural equity, must be the rule in those places." If any country in which torture and ba nifhment are the law, fhould come into the poffeffion of Great-Britain, thefe punishments fall of course. In the United-States the ftyle of the courts of justice and the extent of their jurifdiction differ confiderably. In fome of the States they have what is called the General Court, invefted with powers equal to thofe of the court of King's-Bench in England. In others they have courts styled the Superior Court and court of CommonPleas, (exercifing both civil and criminal jurisdiction.) And there are fome Colonies in the Weft-Indies in which pleas of the crown |