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
other two gentlemen, therefore, and myself divided the work among
us. The common law and statutes to the 4 James I. (when our separate
legislature was established) were assigned to me; the British statutes,
from that period to the present day, to Mr. Wythe; and the Virginia
laws to Mr. Pendleton. As the law of Descents, and the criminal law
fell of course within my portion, I wished the committee to settle
the leading principles of these, as a guide for me in framing them;
and, with respect to the first, I proposed to abolish the law of
primogeniture, and to make real estate descendible in parcenary to the
next of kin, as personal property is, by the statute of distribution.
Mr. Pendleton wished to preserve the right of primogeniture, but seeing
at once that that could not prevail, he proposed we should adopt
the Hebrew principle, and give a double portion to the elder son. I
observed, that if the eldest son could eat twice as much, or do double
work, it might be a natural evidence of his right to a double portion;
but being on a par in his powers and wants, with his brothers and
sisters, he should be on a par also in the partition of the patrimony;
and such was the decision of the other members.
On the subject of the Criminal law, all were agreed, that the
punishment of death should be abolished, except for treason and murder;
and that, for other felonies, should be substituted hard labor in the
public works, and in some cases, the _Lex talionis_. How this last
revolting principle came to obtain our approbation I do not remember.
There remained, indeed, in our laws, a vestige of it in a single case
of a slave; it was the English law, in the time of the Anglo-Saxons,
copied probably from the Hebrew law of "an eye for an eye, a tooth
for a tooth," and it was the law of several ancient people; but the
modern mind had left it far in the rear of its advances. These points,
however, being settled, we repaired to our respective homes for the
preparation of the work.
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