of England became that of the colonies, so far as it was applicable to the situation at which they had newly arrived, because the people were Englishmen, residing within a distant territory of the empire.-' It being, then, by right of discovery, that England founded her title to America, it follows, that the subjects of that kingdom, who subsequently formed and organized the colonies, carried with them, and retained the rights and privileges of Englishmen inhabiting a common country, and the colonies were to be deemed a part of the ancient dominions.
• And so, to quote the language of Mr. Justice Story •? " The universal principle (and the practice has confirmed it) has been, that the common law is our birth-right and inheritance, and that our ancest- ors brought hither with them, upon their emigration, all of it which was applicable to their situation. The whole structure of our present jurisprudence, stands upon the original foundations of the common law." From the period of the first establishment of the colonies, the common law of England was recognized, and in its leading features seemed very acceptable to the colonists. They adopted, too, and used the great body of the English statutes, and, among the rest, the whole of the English rules in regard to usury ; which they continued to enforce in the different colonies until their respective legislatures framed ' 1 Glialm. Amah., 677 ; Id., 14, 15, 65 ; 2 Wil. Law. Lee, 48 ; 3 WU. Law. Lee, 234.
' 1 Story on the Constitution, 104.
FIRST LEGISLATURE IN AMERICA. 69 and passed acts for themselves, to regulate the rate of interest.^ And very curious and quaint are some of the old cases reported in the books concerning that " detestable sin of vsurie," for which our ancestors were freely introduced to all the pains and penalties attached to the statutes, enforced with all the bitterness approved by the prejudices of the times. But enough of ex-