The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
I have got through the bill for "proportioning crimes and punishments
in cases heretofore capital," and now enclose it to you with a request
that you will be so good, as scrupulously to examine and correct
it, that it may be presented to our committee with as few defects
as possible. In its style, I have aimed at accuracy, brevity, and
simplicity, preserving, however, the very words of the established
law, wherever their meaning had been sanctioned by judicial decisions,
or rendered technical by usage. The same matter, if couched in the
modern statutory language, with all its tautologies, redundancies,
and circumlocutions, would have spread itself over many pages, and
been unintelligible to those whom it most concerns. Indeed, I wished
to exhibit a sample of reformation in the barbarous style into which
modern statutes have degenerated from their ancient simplicity. And I
must pray you to be as watchful over what I have not said, as what is
said; for the omissions of this bill have all their positive meaning.
I have thought it better to drop, in silence, the laws we mean to
discontinue, and let them be swept away by the general negative words
of this, than to detail them in clauses of express repeal. By the side
of the text I have written the notes I made, as I went along, for the
benefit of my own memory. They may serve to draw your attention to
questions, to which the expressions or the omissions of the text may
give rise. The extracts from the Anglo-Saxon laws, the sources of the
Common law, I wrote in their original, for my own satisfaction;[28] but
I have added Latin, or liberal English translations. From the time of
Canute to that of the Magna Charta, you know, the text of our statutes
is preserved to us in Latin only, and some old French.
I have strictly observed the scale of punishments settled by the
Committee, without being entirely satisfied with it. The _Lex
talionis_, although a restitution of the Common law, to the simplicity
of which we have generally found it so advantageous to return, will
be revolting to the humanized feelings of modern times. An eye for an
eye, and a hand for a hand, will exhibit spectacles in execution whose
moral effect would be questionable; and even the _membrum pro membro_
of Bracton, or the punishment of the offending member, although long
authorized by our law, for the same offence in a slave has, you know,
been not long since repealed, in conformity with public sentiment. This
needs reconsideration.
I have heard little of the proceedings of the Assembly, and do not
expect to be with you till about the close of the month. In the
meantime, present me respectfully to Mrs. Wythe, and accept assurances
of the affectionate esteem and respect of, dear Sir,
Your friend and servant.
George Wythe, Esq.
_A Bill for proportioning Crimes and Punishments, in cases heretofore
Capital._
Public-domain text, read in full here on John Shaqi.
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