statutory law

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First, he determines that state law, including its common law as well as its statute law, should apply in cases governed by section 34 when federal law is silent.
Thus, at the time of its original settlement, the law in the state of Virginia ("as in others") consisted of English statute law and English common law unaltered by statute, "so far as they were applicable to [the state's] situation.
In addition, Iredell stated (if only in elaborate dicta, given his ultimate reliance on a state statute), that a state's "laws" under section 34 would include its common law as well as its statute law, just as counsel would later argue in Van Braam.
The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the fourth day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the [l]egislature of this state.
Coke had not meant that positive, statute laws were restricted to areas defined by a higher law binding on Parliament and that they could be nullified-declared to be legally nonexistent--by the judges as custodians of the higher law when they exceeded these bounds.