Page:United States Reports, Volume 1.djvu/85

 74  the witnees recollection, Ottenreed was allowed to have a moiety of foreigners on his jury.

The Attorney General oberved, that the quetion turned upon this point—how far the Englih tatutes were extended to Pennylvania? and by what authority they could be extended, whether excluively by an act of the Legilature, or, likewie, by the adjudications of the upreme court?—The entiments of the foreign jurits eemed, he aid, to be crude and undigeted upon this ubject; but certain principles, which had obtained the authority of a general aent, might erve as a directory to form an accurate judgment. He then adverted to everal acts of parliament which did not extend, as the act of limitations, Jac. 2. the 28 H. 8. repecting Pirates, &c; and urged, that, by the royal charter, the common law, and tatute law, relating to felonies were extended; but that tatutes merely relating to the mode of trial did not extend; on which account, laws were paed in that repect, oon after the ettlement of the province.

With repect to the tatute immediately in quetion, he contended, that it had never been extended by the legilature, becaue it was thought unneceary, and might often be greatly inconvenient; for in every cae where foreigners were tried, the humane proviion of our laws, which allows them counel, would then be defeated. A trial  was never granted to Indians, or Negroes; nor is it, indeed, pretended to have taken place in any more than once intance; and that too, rets entirely on the recollection of a ingle witnes.

The Attorney General cited 2 Hawk. 420. ''Tri. per Pais'' 247. Dyer. 357. ''a. Cro. E.'' 869. ''Smith's Hit. of New-York'' 24. 243. 2 ''Pen. Laws.'' 2. 1 ''Pen. Laws in App.'' 318. Votes of A. Vol. 1. p. 6. 53. 106. ''id. in App.'' 11. 1 ''Pen. Laws'' 88. 114. Votes of A. Vol. 2. p. 22. 211. 234. ''Robin. view State of Europe'' 395.

The delivered the opinion of the court as follows.

, C. J. The point before the court has been well argued; and, on a full conideration of the ubject, we now find little difficulty in pronouncing our deciion. The firt legilature under the Commonwealth, has clearly fixed the rule, repecting the extenion of Britih tatutes, by enacting, that “uch of the tatutes as have been in force in the late province of Pennylvania, hould remain in force, till altered by the Legilature:” And it appears in evidence, that the 28. Edw. 3. c 13. has been in force in the late province, ince a trial  was allowed, in the cae of a burglary committed by one Ottenreed, in the manion houe of Mr. Clifford.

Whether it was intended by the act, to which I have referred, to include only uch tatutes as were in force, by an expres extenion of the Legilature; or to comprehend, likewie, uch tatutes, as had been extended by the judgment of the upreme court, or received there in uage, eems to be, in ome degree, uncertain. We know