The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private — John Shaqi
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
So far we were proceeding in the details of reformation only; selecting
points of legislation, prominent in character and principle, urgent,
and indicative of the strength of the general pulse of reformation.
When I left Congress, in '76, it was in the persuasion that our whole
code must be reviewed, adapted to our republican form of government;
and, now that we had no negatives of Councils, Governors, and Kings
to restrain us from doing right, that it should be corrected, in all
its parts, with a single eye to reason, and the good of those for
whose government it was framed. Early, therefore, in the session
of '76, to which I returned, I moved and presented a bill for the
revision of the laws, which was passed on the 24th of October; and on
the 5th of November, Mr. Pendleton, Mr. Wythe, George Mason, Thomas
L. Lee, and myself, were appointed a committee to execute the work.
We agreed to meet at Fredericksburg to settle the plan of operation,
and to distribute the work. We met there accordingly, on the 13th
of January, 1777. The first question was, whether we should propose
to abolish the whole existing system of laws, and prepare a new and
complete Institute, or preserve the general system, and only modify it
to the present state of things. Mr. Pendleton, contrary to his usual
disposition in favor of ancient things, was for the former proposition,
in which he was joined by Mr. Lee. To this it was objected, that to
abrogate our whole system would be a bold measure, and probably far
beyond the views of the legislature; that they had been in the practice
of revising, from time to time, the laws of the colony, omitting the
expired, the repealed, and the obsolete, amending only those retained,
and probably meant we should now do the same, only including the
British statutes as well as our own: that to compose a new Institute,
like those of Justinian and Bracton, or that of Blackstone, which was
the model proposed by Mr. Pendleton, would be an arduous undertaking,
of vast research, of great consideration and judgment; and when reduced
to a text, every word of that text, from the imperfection of human
language, and its incompetence to express distinctly every shade of
idea, would become a subject of question and chicanery, until settled
by repeated adjudications; and this would involve us for ages in
litigation and render property uncertain, until, like the statutes
of old, every word had been tried and settled by numerous decisions,
and by new volumes of reports and commentaries; and that no one of
us, probably, would undertake such a work, which to be systematical,
must be the work of one hand. This last was the opinion of Mr. Wythe,
Mr. Mason, and myself. When we proceeded to the distribution of the
work, Mr. Mason excused himself, as, being no lawyer, he felt himself
unqualified for the work, and he resigned soon after. Mr. Lee excused
himself on the same ground, and died, indeed, in a short time. The
Public-domain text, read in full here on John Shaqi.
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