Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1 — John Shaqi
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
In the execution of my part, I thought it material not to vary the
diction of the ancient statutes by modernizing it, nor to give rise to
new questions by new expressions. The text of these statutes had been so
fully explained and defined, by numerous adjudications, as scarcely ever
now to produce a question in our courts. I thought it would be useful,
also, in all new draughts, to reform the style of the later British
statutes, and of our own acts of Assembly; which, from their verbosity,
their endless tautologies, their involutions of case within case,
and parenthesis within parenthesis, and their multiplied efforts at
certainty, by saids and afore-saids, by ors and by ands, to make them
more plain, are really rendered more perplexed and incomprehensible, not
only to common readers, but to the lawyers themselves. We were
employed in this work from that time to February, 1779, when we met at
Williamsburg; that is to say, Mr. Pendleton, Mr. Wythe, and myself; and
meeting day by day, we examined critically our several parts, sentence
by sentence, scrutinizing and amending, until we had agreed on the
whole. We then returned home, had fair copies made of our several parts,
which were reported to the General Assembly, June 18, 1779, by Mr.
Wythe and myself, Mr. Pendleton’s residence being distant, and he having
authorized us by letter to declare his approbation. We had, in this
work, brought so much of the Common law as it was thought necessary to
alter, all the British statutes from _Magna Charta_ to the present day,
and all the laws of Virginia, from the establishment of our legislature
in the 4th Jac. I. to the present time, which we thought should be
retained, within the compass of one hundred and twenty-six bills,
making a printed folio of ninety pages only. Some bills were taken out,
occasionally, from time to time, and passed; but the main body of the
work was not entered on by the legislature, until after the general
peace, in 1785, when, by the unwearied exertions of Mr. Madison, in
opposition to the endless quibbles, chicaneries, perversions, vexations,
and delays of lawyers and demi-lawyers, most of the bills were passed by
the legislature, with little alteration.
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