The History of the City of Fredericksburg, VirginiaQuinn, S. J. (Silvanus Jackson)
History
The History of the City of Fredericksburg, Virginia
Quinn, S. J. (Silvanus Jackson)
Fredericksburg (Va.) -- History
"This committee of distinguished men met in Fredericksburg on the 13th day
of February, 1777. Here various propositions were submitted and
discussed--Mason, Wythe and Jefferson almost always agreeing and voting
together, and Pendleton, of all, being the most unwilling to depart from
the old conditions, except, to the astonishment of the committee, he
proposed a new system, that all common law and equity jurisprudence,
which had received the sanction of ages, should be abrogated--a new
institute, after the model of Justinian or Bracton, should be reported,
thus giving us what is called, in this day, a code law, which would have
been set afloat, without a precedent to guide it, and to construe which,
would have taken our courts from that time to this.
"After this committee had agreed on measures and propositions, and the
general outline of the system to be pursued, Mason and Lee, having given
the other members the benefit of their advice, retired from further
participation in its labors, because they were not lawyers, and left the
work to be done by the other three members, who then divided it, and
completed the arduous task in 1779.
"There were four measures proposed by Jefferson before the full committee,
then sitting in Fredericksburg, which were his especial pride, and these
were the repeal of the laws of entail, the abolition of primogeniture, the
establishment of a system of public education, and the act for the
establishment of religious freedom. These four bills, he himself
afterwards said, he 'considered as forming a system by which every fibre
would be eradicated of ancient, or future, aristocracy, and a foundation
laid for a government truly republican.'
"To use his own language again, 'the repeal of the laws of entail would
prevent the accumulation and perpetuation of wealth in select families and
preserve the soil of the country from being more and more absorbed in
mortmain.'
"Not only was the abolition of the laws of entail resisted by some of the
best talent in Virginia, but when Jefferson proposed to abolish also the
law of primogeniture--a relic of feudalism--there was strong opposition
from the same sources--men who had risked fortunes and lives in the
struggle for independence, but who were unwilling to join Jefferson in his
attack upon institutions whose very age commanded veneration. One of the
chief opponents of Jefferson was Edmund Pendleton, his friend, whose
candor, great ability and benevolence in all these struggles won his
admiration.
Public-domain text, read in full here on John Shaqi.
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