The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (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
who apply the appellation of Blackstone lawyers to these ephemeral
insects of the law.
Whether we should undertake to reduce the common law, our own, and so
much of the English statutes as we have adopted, to a text, is a question
of transcendent difficulty. It was discussed at the first meeting of the
committee of the revised code, in 1776, and decided in the negative, by
the opinions of Wythe, Mason and myself, against Pendleton and Thomas Lee.
Pendleton proposed to take Blackstone for that text, only purging him
of what was inapplicable or unsuitable to us. In that case, the meaning
of every word of Blackstone would have become a source of litigation,
until it had been settled by repeated legal decisions. And to come at
that meaning, we should have had produced, on all occasions, that very
pile of authorities from which it would be said he drew his conclusion,
and which, of course, would explain it, and the terms in which it is
couched. Thus we should have retained the same chaos of law-lore from
which we wished to be emancipated, added to the evils of the uncertainty
which a new text and new phrases would have generated. An example of this
may be found in the old statutes, and commentaries on them, in Coke's
second institute, but more remarkably in the institute of Justinian,
and the vast masses explanatory or supplementary of that which fill the
libraries of the civilians. We were deterred from the attempt by these
considerations, added to which, the bustle of the times did not admit
leisure for such an undertaking.
Your request of my opinion on this subject has given you the trouble
of these observations. If your firmer mind in encountering difficulties
would have added your vote to the minority of the committee, you would
have had on your side one of the greatest men of our age, and like him,
have detracted nothing from the sentiments of esteem and respect which
I bore to him, and tender with sincerity the assurance of to yourself.
TO GENERAL KOSCIUSKO.
MONTICELLO, June 28, 1812.
Public-domain text, read in full here on John Shaqi.
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